American Protection Insurance v. MGM Grand Hotel—Las Vegas, Inc.

Ninth Circuit

American Protection Insurance v. MGM Grand Hotel—Las Vegas, Inc.

765 F.2d 925

CourtCourt of Appeals for the Ninth Circuit

DecidedJuly 11, 1985

DocketNos. 83-2674, 83-2728

StatusPublished

Cited by3 cases

This text of 765 F.2d 925 (American Protection Insurance v. MGM Grand Hotel—Las Vegas, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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American Protection Insurance v. MGM Grand Hotel—Las Vegas, Inc., 765 F.2d 925 (9th Cir. 1985).

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Opinion

ORDER

The Insurance Company of North America (INA) and the law firm of Cozen, Begier & O’Connor appeal from the district court’s order disqualifying the Cozen firm from participation in the case as INA’s Counsel. MGM Grand Hotel cross-appeals and in the alternative petitions for a writ of mandamus concerning the same disqualification [926]*926order. Because the order disqualifying counsel is not a collateral order subject to immediate appeal as a final judgment under 28 U.S.C. § 1291 we lack jurisdiction to entertain these appeals. Richardson-Merrell Inc. v. Koller, — U.S.-, 105 S.Ct. 2757, 86 L.Ed.2d 340 (1985). Moreover, in light of Roller’s statement that the injury to the client far outweighs the attorney’s interest in vindication, and because we do not find sufficient circumstances warranting the grant of such an extraordinary writ, we deny MGM’s alternate petition for a writ of mandamus. See Unified Sewerage Agency, etc. v. Jelco, Inc., 646 F.2d 1339 (9th Cir.1981). Our opinion dated December 3, 1984 is hereby withdrawn and the appeals DISMISSED.

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ORDER

The Insurance Company of North America (INA) and the law firm of Cozen, Begier & O’Connor appeal from the district court’s order disqualifying the Cozen firm from participation in the case as INA’s Counsel. MGM Grand Hotel cross-appeals and in the alternative petitions for a writ of mandamus concerning the same disqualification [926]*926order. Because the order disqualifying counsel is not a collateral order subject to immediate appeal as a final judgment under 28 U.S.C. § 1291 we lack jurisdiction to entertain these appeals. Richardson-Merrell Inc. v. Koller, — U.S.-, 105 S.Ct. 2757, 86 L.Ed.2d 340 (1985). Moreover, in light of Roller’s statement that the injury to the client far outweighs the attorney’s interest in vindication, and because we do not find sufficient circumstances warranting the grant of such an extraordinary writ, we deny MGM’s alternate petition for a writ of mandamus. See Unified Sewerage Agency, etc. v. Jelco, Inc., 646 F.2d 1339 (9th Cir.1981). Our opinion dated December 3, 1984 is hereby withdrawn and the appeals DISMISSED.

American Protection Insurance Company v. Mgm Grand Hotel--Las Vegas, Inc., Mgm Grand Hotel--Las Vegas, Inc., a Nevada Corporation, Plaintiff/appellee/cross-Appellant/petitioner v. Insurance Company of North America, Defendant/appellant/cross- Appellee/respondent, and Cozen, Begier & O'connor, Appellant/appellee/respondent

765 F.2d 925 (Ninth Circuit, 1985)

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765 F.2d 925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-protection-insurance-v-mgm-grand-hotellas-vegas-inc-ca9-1985.

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