Legal Opinion

Cole v. United States District Court for the District of Idaho

Court of Appeals for the Ninth Circuit

Decided May 4, 2004No. 03-73027PublishedCited by 1 opinion

1Opinion of the Court

GOULD, Circuit Judge.

We consider a petition for a writ of mandamus arising from a magistrate judge’s sanction of disqualification imposed on petitioners’ counsel by revocation of counsel’s pro hac vice status. Petitioners demonstrate that the magistrate judge clearly erred in imposing this sanction without giving petitioners’ counsel notice and an opportunity to be heard on the specific grounds for disqualification and revocation of counsel’s pro hac vice status. But because mandamus is an extraordinary remedy and petitioners did not take advantage of an available remedy by seeking review of…

2Cases cited19 opinions

  1. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  2. Richardson-Merrell Inc. v. Koller Ex Rel. KollerSupreme Court of the United States · 1985
  3. Holly W. BAUMAN Et Al., Petitioners, v. UNITED STATES DISTRICT COURT, Respondent, Union Oil Company, Real Party in InterestCourt of Appeals for the Ninth Circuit · 1977
  4. Will v. Calvert Fire InsuranceSupreme Court of the United States · 1978
  5. Raymond Simpson v. Lear Astronics Corporation, United States Ex Rel. Raymond Simpson v. Lear Astronics CorporationCourt of Appeals for the Ninth Circuit · 1996

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3Cited by1 opinion

  1. Patricia A. Cole v. United States District Court For The District Of IdahoCourt of Appeals for the Ninth Circuit · 2004

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