Legal Opinion
Le v. Astrue
Court of Appeals for the Ninth Circuit
Decided March 10, 2009No. 07-55559PublishedCited by 34 opinions
1Opinion of the Court
OPINION
IKUTA, Circuit Judge:
In this case, the district court issued an order disposing of cross-motions for summary judgment. The losing party’s notice of appeal mistakenly designated only the district court’s denial of his motion for summary judgment, rather than both the denial of his motion and the grant of the prevailing party’s motion. We hold that Rules 3(c)(1)(B) and 3(c)(4) of the Federal Rules of Appellate Procedure, as interpreted by the Supreme Court and in our own precedent, require us to construe the notice of appeal as encompassing the district court’s entire disposition. 1
I
Vinh…
2Cases cited19 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
- Smith v. BarrySupreme Court of the United States · 1992
- United States v. One 1977 Mercedes Benz, 450 SEL, VIN 11603302064538Court of Appeals for the Ninth Circuit · 1983
- Lolli v. County of OrangeCourt of Appeals for the Ninth Circuit · 2003
14 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- David Pride, Jr. v. M. CorreaCourt of Appeals for the Ninth Circuit · 2013
- Lee Rice, II v. Dale MorehouseCourt of Appeals for the Ninth Circuit · 2021
- Cadkin v. LooseCourt of Appeals for the Ninth Circuit · 2009
- The pls.com, LLC v. NarCourt of Appeals for the Ninth Circuit · 2022
- US Ex Rel. Alexander Volkhoff v. Janssen Pharmaceutica N.V.Court of Appeals for the Ninth Circuit · 2020
29 more not listed; retrieve them via the Exa API.