Appeals court dismisses former general counsel’s case

BY DI STAFF | NOVEMBER 15, 2012 6:30 AM

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A former University of Iowa general counsel’s appeal on a ruling that UI President Sally Mason was justified in firing him has been dismissed.

Marcus Mills had appealed his case to the 8th Circuit Court of Appeals, but the court dismissed the case for lack of jurisdiction, finding the appeal was premature, according to online court documents.

A U.S. District Court ruled that Mills was an “at-will” employee, meaning Mason did not violate his rights when he was fired without a pre-termination hearing.

The UI fired Mills in connection with his handling of a 2007 assault involving two Hawkeye football players at Hillcrest.

 A motion to dismiss the appeal was previously filed by an attorney for Mason, the state of Iowa, and other parties. The motion to dismiss the case cites William B. Tanner Co. v. United States, which found “[A]n order disposing of fewer than all the parties or claims in an action” can’t be appealed.

— by Brent Griffiths

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