In ordinary civil litigation, appellate review is generally limited to “final judgments,” in order to prevent the wastefulness of appeals on rulings that are not truly dispositive of the case. That notion becomes somewhat more difficult in a bankruptcy, where there are often multiple litigations within the umbrella bankruptcy case. But does that mean that … Continue Reading
The Ninth Circuit Court of Appeals is often criticized for having a high reversal rate. A cursory read of the facts in Hawkins v. Franchise Tax Board of California, decided by the Ninth Circuit on September 15, 2014, may lead to the conclusion that this is another case where the Ninth Circuit may be reversed. After … Continue Reading