National Abortion Federation v. Center for Medical Progress, No. 17-16622 (9th Cir. 2019)Annotate this Case
The Ninth Circuit dismissed consolidated appeals from a district court order holding two sets of appellants in civil contempt for violating a preliminary injunction prohibiting appellants from publishing any of the recordings made at NAF's annual meetings.
The panel held that it lacked jurisdiction to hear either appeal, because final judgment has not yet been entered in the underlying civil action. In regard to defendants, they could only obtain immediate appellate review of the district court's contempt order only if the court had held them in criminal contempt. In this case, the contempt sanctions were civil in nature. As to the non-parties, the panel held that they could not immediately appeal because there was a substantial congruence of interests between the non-parties and the parties to the action.