Narrative Opinion Summary
Plaintiff Russul Corporation appeals the district court's December 28, 2005, order, which transferred the case to the United States District Court for the Southern District of New York. However, the appellate court lacks jurisdiction over this appeal under 28 U.S.C. § 1292(a)(3), as established in Gave Shipping Co. v. Parcel Tankers, Inc., 634 F.2d 1156, 1157 (9th Cir. 1980). This ruling indicates that there is no appellate jurisdiction for orders that do not resolve the rights and liabilities of the parties involved. Consequently, the appeal has been dismissed. The disposition is not intended for publication and does not serve as precedent except as outlined by 9th Cir. R. 36-3.
Legal Issues Addressed
Appellate Jurisdiction under 28 U.S.C. § 1292(a)(3)subscribe to see similar legal issues
Application: The appellate court determined it lacks jurisdiction to review an order transferring a case when the order does not resolve the rights and liabilities of the parties.
Reasoning: However, the appellate court lacks jurisdiction over this appeal under 28 U.S.C. § 1292(a)(3), as established in Gave Shipping Co. v. Parcel Tankers, Inc., 634 F.2d 1156, 1157 (9th Cir. 1980).
Non-Publication and Precedential Value of Dispositionssubscribe to see similar legal issues
Application: The court's disposition of the case is not intended for publication and does not hold precedential value, limiting its applicability in future cases.
Reasoning: The disposition is not intended for publication and does not serve as precedent except as outlined by 9th Cir. R. 36-3.