Prep all of Courts of Appeals, which I hope to finish (or mostly finish) Monday. We pick up with that final question--how does the availability of interlocutory-appeal rules (especially from SCOTUS in § 1292(e) affect the scope of COD? Why are injunctions immediately appealable under § 1292(a) and how does that relate to our discussion of the shadow (emergency) docket? What is the argument that denial of class
certification (allowing a named plaintiff to sue on behalf of thousands
of unnamed, similarly situated persons) should be reviewable under COD?
Where does 23(f) come from and how does it reflect a response to Coopers & Lybrand?
Consider the following two cases in district court
1) A and B v. X; A asserts one antitrust claim while B asserts one antitrust claim and one state law claim.
2) A v. X, asserting one antitrust claim. B v. X asserting one antitrust claim and one state law claim. The cases are consolidated under FRCP 42 because they share common questions of law or fact.
What is the process and standard for mandamus? Given Marbury, how can SCOTUS issue a writ of mandamus in cases such as Cheney?
Panel # 4 (District Courts) should be ready to go for Tuesday.
