Friday, April 9, 2010
SCOTUSblog reports this week on two recently filed cert. petitions that may be of interest:
Wilson v. Johnson (09-1143) presents the question: whether the denial of the appointment of counsel in a civil case is an order that is immediately appealable. The petition notes that "Nine courts of appeals have held that they are without jurisdiction to immediately review such orders; three have held that they possess jurisdiction to immediately review such orders; and one court of appeals has held that appellate jurisdiction depends upon the type of claim presented."
Mendoza v. Bridgestone Firestone North American Tire, LLC (09-1124) presents the question: can a party to a MDL proceeding conducted pursuant to 28 U.S.C. § 1407 seek to overturn an adverse forum non conveniens pretrial ruling by the transferee district court through mandamus to the circuit court with appellate authority over the transferor district court rather than the circuit court with such authority over the transferee district court after the cases are returned to the transferor district court for trial?
Links to the dockets, lower court opinions, and the cert. petitions are available here.