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.


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