In Practice

How writ of mandamus and interlocutory appeals interact

Courts look at gravity of order's error when petitioner hasn't pursued an immediate appeal

, The National Law Journal


A writ of mandamus and an interlocutory appeal under 28 U.S.C. 1292(b) provide distinct avenues for seeking immediate appellate review of a district court order. In some circumstances, however, appellate courts have denied mandamus because the petitioner failed to pursue an appeal under § 1292(b).

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