Wednesday, November 21, 2007

Nascimento v. Dummer (9th Cir. - Nov. 21, 2007)

Here's a very nice and tight opinion by Judge Gould. It's crisp. It's clean. It's succinct without being conclusory. It's an excellent piece of writing.

On the merits, the case is a reminder that the district court isn't divested of jurisdiction when a party files an appeal (or writ of mandamus) over a nonappealable order. Yes, actual appeals -- even unmeritorious ones -- divest the district court of jurisdiction. But, still, you can't, as Judge Gould so artfully puts it, "throw a monkey wrench into the machinery of our justice system" by making improper interlocutory appeals and then ignoring the district court's contemporaneous orders by arguing that it doesn't have jurisdiction.

Doesn't work. Exactly right. Great job.