DOJ Unable to Challenge Ruling That Saved Mortgage Fraud Case

The Justice Department’s attempt to stop a whistleblower’s mortgage fraud suit it viewed as financially burdensome won’t be reviewed, after Ninth Circuit said Tuesday that it lacked jurisdiction.

The DOJ didn’t demonstrate that the court had jurisdiction under the collateral order doctrine, which allows for immediate appeals in certain circumstances, the U.S. Court of Appeals for the Ninth Circuit ruled in a matter of first impression.

A district court order must be conclusive on the issue at hand, resolve important questions separate from the merits, and be effectively unreviewable after final judgment to be appealable under the collateral order doctrine, ...