Appellate Practice
Dec. 27, 2008
Pride and Prejudice
A recent 9th Circuit case addresses federal appellate jurisdiction in the tricky area of voluntary dismissals, write Benjamin G. Shatz and Becky S. Walker. - Focus Column
Benjamin G. Shatz
Partner
Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law, and member of the California and American Academies of Appellate Lawyers, in Manatt's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
Question: When is a dismissal without prejudice in District Court really a dismissal with prejudice? Answer: When two 9th Circuit judges decide that it is for purposes of establishing appellate jurisdiction. Case in point: Romoland School District v. Inland Empire Energy Center LLC, No. 06-56632 (9th Cir. Nov. 18, 2008). A third 9th Circuit judge, however, strongly disagreed with this transmogrification, calling the majority's approach "diametrically opposed to our federal ju...
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