What is the test for judicial review of a motion of appeal?
MultiRegion, United States of America
The following excerpt is from Atlantic Mut. Ins. Companies v. Bell Mortuary, Inc., 19 F.3d 1439 (9th Cir. 1994):
1 The exceptions include: (1) "when review is necessary to prevent a miscarriage of justice or to preserve the integrity of the judicial process;" (2) "when a new issue arises while appeal is pending because of a change in law;" or (3) "when the issue is purely one of law and the necessary fact are fully developed." Romain v. Shear, 799 F.2d 1416, 1419 (9th Cir.1986), cert. denied, 481 U.S. 1050 (1987).
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