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

U.S. Court of Appeals for the Ninth Circuit
American Protection Insurance v. MGM Grand Hotel—Las Vegas, Inc., 765 F.2d 925 (9th Cir. 1985)

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

Opinion of the Court

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 *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 Our opinion dated December 3, 1984 is hereby withdrawn and the appeals DISMISSED.

Reference

Full Case Name
AMERICAN PROTECTION INSURANCE COMPANY v. MGM GRAND HOTEL—LAS VEGAS, INC., Defendant 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
Cited By
3 cases
Status
Published