Opinion

Mendocino Environmental Center v. Mendocino County

  • 192 F.3d 1283
  • 99 Daily Journal DAR 10033
  • 45 Fed. R. Serv. 3d 114
  • 99 Cal. Daily Op. Serv. 7912
  • 1999 U.S. App. LEXIS 23137
Court
Court of Appeals for the Ninth Circuit
Filed
Sep 24, 1999
Status
Published
Author
Schroeder
On the bench
Reinhardt, Schroeder, Silverman
Cited by
47 cases

finding 1 allegations “that the alleged conspirators have committed acts that ‘are unlikely to have been undertaken without an agreement’” sufficient to 2 support an inference that a conspiracy was formed

How later courts described this case

  • finding 1 allegations “that the alleged conspirators have committed acts that ‘are unlikely to have been undertaken without an agreement’” sufficient to 2 support an inference that a conspiracy was formed
  • failure to file notice of cross-appeal is not a jurisdictional bar; an appellate court has authority to adjudicate the entire appeal before it and may waive the requirement of a notice of cross-appeal
  • treating the cross-appeal requirement as non-jurisdictional

Written by the judges who cited it.

The opinion

SCHROEDER, Circuit Judge,

concurring:

I concur in Judge Reinhardt’s opinion. I write separately only to express my understanding that it holds that the cross-appeal is inextricably linked to the main appeal because the principal issue in the main appeal is whether the court’s immunity ruling is inconsistent with the order that is the subject of the cross appeal. The two rulings should be reviewed together. There is no need to speculate about what the relationship between the issues might be after they are decided.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.