Published Monday, July 14, 2008 | 4:16 p.m.
Updated Tuesday, Oct. 28, 2008 | 10:15 a.m.
The U.S. Attorney’s office today filed notice it was appealing the dismissal of its fraud case against personal injury lawyer Noel Gage.
Visiting Senior U.S. District Judge Justin Quackenbush dismissed the case June 17 after federal prosecutors failed to grant immunity to a Las Vegas spine surgeon to testify at a retrial of Gage, whose first trial ended with a hung jury in March.
Prosecutors said they did not want to grant immunity to the surgeon, Mark Kabins, because they consider him a target in an ongoing fraud investigation of a group of local attorneys and physicians.
Prosecutors are asking the U.S. 9th Circuit Court of Appeals to overturn Quackenbush and reinstate the criminal case against Gage.
The appeal is being handled by Assistant U.S. Attorney Robert Ellman.