California Supreme Court,
California Courts of Appeal,
Appellate Practice,
9th U.S. Circuit Court of Appeals
Aug. 25, 2017
When the 9th Circuit turns to the California Supreme Court
Recent cases suggests that the 9th Circuit might be applying a less stringent standard for when it feels obliged to certify a question about California law to the state high court
Felix Shafir
Partner
Horvitz & Levy LLP
Appellate Law
Email: fshafir@horvitzlevy.com
Felix's practice focuses on the defense of class and representative actions.
Peder K. Batalden
Partner
Horvitz & Levy LLP
Appellate Law
Email: pbatalden@horvitzlevy.com
Peder handles 9th Circuit appeals in a wide variety of cases.
The 9th U.S. Circuit Court of Appeals must occasionally resolve questions of California law. What happens when California law is unclear or undeveloped? A panel of the 9th Circuit sometimes invokes a certification procedure unavailable to California’s lower courts: It can ask the California Supreme Court to decide state-law questions. Ninth Circuit panels sporadically take advantage of this option, and the Supreme Court often (but not always) agrees to take up these c...
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