Friday, November 7, 2014

Fed/State difference in appealability

For the latest lesson in appealability differences, take a look at the 9th Circuit's opinion yesterday in Thurbon v. Gateway Unified School District:

The panel dismissed for lack of jurisdiction an attorney’s appeal from an order finding that he committed ethical violations, and disqualifying him from representing the plaintiff in a wrongful termination action. The panel held that it lacked jurisdiction because the ethical violations were intertwined with the disqualification order, and disqualification is not subject to interlocutory appeal.

Justice Cooper (ret.) is now at JAMS. See here for a 2009 interview with her.