- 9 - participating nontest case petitioner clients and numerous other nontest case petitioners labeled “intervenors”. Because the Court had not entered decisions in any of the nontest cases (pending final disposition of the test cases), the Court rejected the notices of appeal filed on behalf of nontest case petitioners. However, in response to a motion filed by Attorney Sticht, see supra note 4, the Court certified for interlocutory appeal certain orders it had issued in the participating nontest case petitioners’ cases in connection with the evidentiary hearing, thereby enabling those petitioners to apply to the Court of Appeals for immediate review. See sec. 7482(a)(2)(A). On the basis of this Court’s certification order, Izen and Jones (as well as Sticht) continued their efforts on behalf of nontest case petitioners in the Court of Appeals. Izen submitted to that court a “Notice of Appeal of Certain Intervenors” bearing docket No. 00-70858 (the docket number the Court of Appeals had assigned to the test case appeal). Izen purported to submit that document on behalf of not only the Adairs, but also nontest case petitioners in more than 450 docketed cases who had not participated in the evidentiary hearing and whose cases therefore were not included in the certification order. Jones submitted “notices of appeal” on behalf of the four Jones petitioners, which the Court of Appeals construed as petitions for permissionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011