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U.S. Court of Appeals for the 9th Circuit

Jul. 12, 2012

Seeking answers, but not often

Thanks to a prominent San Francisco lawyer's crusade in the 1990s, there is a way for the 9th Circuit to formally seek answers about uncertain state law issues from the state high court - the certified question procedure.


By John Roemer


Daily Journal Staff Writer


When Horvitz & Levy LLP lost an important environmental case before a 9th U.S. Circuit Court of Appeals panel last month, lawyers there knew that along with drafting a petition for panel rehearing or for en banc review, they had a third, rarely used appellate option.


They could ask the circuit panel to seek advice from the California Supreme Court.


The circuit panel had decided that unde...

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