Silver Sage Partners, Ltd. v. United States District Court
United States Court of Appeals for the Ninth Circuit
1998 WL 246526 (1998)
After a jury awarded Silver Sage Partners (plaintiff/petitioner) over $3 million against the City of Desert Hot Springs and others (defendants), the district court ordered a new trial on damages based on causality, insufficiency of evidence, and failure-to-mitigate concerns; Silver Sage petitioned the Ninth Circuit for a writ of mandamus rather than pursuing an ordinary appeal.
Whether a federal appellate court may issue a writ of mandamus targeting a district court order when the petitioner can obtain relief on appeal and has not shown the order was clearly erroneous, a repeated error or persistent flouting of the federal rules, or raised a novel and important question.