David Cohen v. Arizona Board of Regents

Summary

The court addresses Plaintiff-Appellant David Cohen’s certificate asserting that trial transcripts were unnecessary for his appeal. It holds that Cohen failed to establish the transcripts were unnecessary because the trial record could bear on harmless error and overlapping factual and legal issues concerning his retaliation claim and summary-judgment appeal. The court orders Cohen to obtain the additional trial transcripts and requires the parties to share the costs equally, while denying Defendant’s request for oral argument.

Holdings

1. The appellant bears the burden of establishing that disputed portions of the transcript are unnecessary, and Cohen failed to meet that burden.
2. The trial transcripts were necessary to the appeal because the jury's finding of no retaliation and the overlap between the trial claims and the claim against Anderson created substantial potential for arguments based on alternative grounds and harmless error.
3. Cohen must order the trial transcripts designated by the defendant, and the parties must evenly divide the costs.

Questions Presented

1. Whether Cohen established under Ninth Circuit Rule 10-3.1(f) that the trial transcripts requested by the appellee were unnecessary to his appeal.
2. Whether the potential for affirmance on an alternative ground, including harmless error based on the jury's no-retaliation finding and overlapping facts and legal standards, made the trial transcripts necessary.
3. Whether the parties should evenly divide the costs of the additional trial transcripts.

Disposition

other