Does the Court of Appeal have discretion to review the dismissal of one claim and denial of leave to file a second?
MultiRegion, United States of America
The following excerpt is from Koch v. Crist, 127 F.3d 1105 (9th Cir. 1997):
This court will not exercise its discretion to review the district court's dismissal of one claim and denial of leave to file a second supplemental complaint. See Yamamoto v. Omiya, 564 F.2d 1319, 1325 n. 1l (9th Cir.1977) (appellate court has discretion to decide whether to entertain challenge to non-appealable orders in appeal from denial of injunctive relief).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a petitioner who has had a full and fair review of his Fourth Amendment claims in state court seek to have those claims reviewed by the federal appeals court? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
When reviewing a denial of a motion to dismiss on double jeopardy grounds before trial, does this court review the error made in the denial? (MultiRegion, United States of America)
If a claim is brought by a plaintiff before the Court of Appeal of the Superior Court of Justice from the State of New York is heard by a federal judge, what effect does this have on the appeal? (MultiRegion, United States of America)
On appeal from an appeal from a judicial review, what is the role of the appeal judge in determining the proper standard of review? (Canada (Federal), Canada)
What is the test for reviewing a Fourth Amendment claim in circumstances where the petitioner has neither pleaded nor proved the denial of a full and fair opportunity to litigate that claim in the state courts? (MultiRegion, United States of America)
Can a majority of the Court of Appeal reverse a district court's decision to dismiss an unarticulated state law claim? (MultiRegion, United States of America)
What is the test for reviewing a Fourth Amendment claim in circumstances where the petitioner has neither pleaded nor proved the denial of a full and fair opportunity to litigate that claim in state courts? (MultiRegion, United States of America)
How does the Court of Appeal review a sentence from a federal district court under a "deferential abuse of discretion" standard? (MultiRegion, United States of America)
