What is the test for a motion to intervene in the remedial phase of a personal injury action?

MultiRegion, United States of America

The following excerpt is from Donnelly v. Glickman, 159 F.3d 405 (9th Cir. 1998):

The district court denied intervention in the remedial phase of plaintiffs' action on two grounds: that the motion to intervene was premature and that plaintiffs might never obtain any remedy that could affect the proposed intervenors. We affirm instead on the ground that the proposed intervenors lack a "significant protectable interest" 5 in any of plaintiffs' potential remedies. See Herring v. Federal Deposit Ins. Corp., 82 F.3d 282, 284 (9th Cir.1995) ("We may affirm on any basis the record supports, including one the district court did not reach."), cert. denied, --- U.S. ----, 117 S.Ct. 581, 136 L.Ed.2d 512 (1996).

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