The Ninth Circuit Court of Appeals is the largest federal circuit by any number of measures — geographic size, number of judges, and sheer volume of cases. With our <a href="https://leftcoast.mofo.com/statistics">Ninth Circuit Statistics</a>, we examine the workings of the Court based on a dataset of all published and unpublished opinions. With our <a href="https://leftcoast.mofo.com/en-banc-tracker">En Banc Tracker</a>, we make sense of the Court’s complex — and busy — en banc proceedings. And with our <a href="https://leftcoast.mofo.com/topics/this-week-at-the-ninth" target="_self">This Week at the Ninth</a> feature, we highlight key decisions issued each week, with a focus on civil and business-related litigation.<h2>About Morrison Foerster’s Appellate + Supreme Court Group</h2>Morrison Foerster’s market-leading <a href="https://www.mofo.com/capabilities/appellate-supreme-court.html">Appellate and Supreme Court group</a> wins appeals with deep strategic thinking, clear writing, and forceful oral advocacy. Our work spans the Supreme Court of the United States, every federal court of appeals, and state appellate courts in California, New York, and elsewhere. And we handle appeals in every area of law—from intellectual property to class actions, arbitration to antitrust, environmental law to ERISA. We are consistently ranked as one of the top appellate and Supreme Court practices in the country by Chambers USA and Legal 500 USA, and our practice has been named to the National Law Journal’s Appellate Hot List multiple times.<h2>About Morrison Foerster</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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James Sigel is a partner in Morrison Foerster’s Appellate and Supreme Court practice. James briefs and argues complex appeals for clients nationwide. He has particular experience in the U.S. Court of Appeals for the Ninth Circuit and in the California state appellate courts, having argued more than twenty times in those courts. Clients call him “wicked smart in understanding all the nuances of cases,” saying he “has this way of zeroing in on the heart of a case and reframing it so that your position becomes impossible to reject” (Chambers).James has handled appeals in many areas of law, including class actions, securities, antitrust, contracts, false advertising, and environmental regulation. An “excellent brief writer” (Chambers), James has filed over 100 briefs in federal and state appellate courts throughout the country, including the U.S. Supreme Court, the U.S. Courts of Appeals for the First, Second, Fourth, Seventh, Ninth, and D.C. Circuits, as well as the New York and California state courts.James is an experienced appellate advocate on the west coast, where he clerked on both the Ninth Circuit and the California Supreme Court. His successful oral argument in the Ninth Circuit resulted in a victory for his client UPS in False Claims Act litigation that had been ongoing for more than a decade. His winning argument in the California Court of Appeal secured the first precedential decision on the right to a jury in actions under California’s Labor Code Private Attorneys General Act, while preserving a trial-court victory for client Ralphs Grocery Company. And his win in an important Ninth Circuit Federal Food, Drug, and Cosmetic Act preemption case earned him recognition as a Law360 “legal lion,” while his victory in a Ninth Circuit trademark appeal was honored with Managing IP’s “Impact Cases of the Year” award. Among James’s other victories, he has also defeated multiple class actions against a leading consumer electronics corporation, secured a win for a major beverage company defending against a monopolization claim, and prevailed in another antitrust claim involving an alleged conspiracy in the shipment industry.James has authored more than a dozen briefs in the U.S. Supreme Court on constitutional and statutory interpretation issues important to businesses. James led the briefing on two merits cases during a recent Supreme Court term: Thole v. U.S. Bank and Atlantic Richfield Co. v. Christian. Law360 named Thole as among the “biggest ERISA rulings” and Christian as one of the “biggest environmental law decisions” of the year.James is the lead editor of Morrison Foerster’s Left Coast Appeals blog, which keeps tabs on the Ninth Circuit and its decisions. He is also a Ninth Circuit Appellate Lawyer Representative, he is a member of the California Academy of Appellate Lawyers, and he serves on the Advisory Council of the Ninth Judicial Circuit Historical Society.James maintains an active pro bono practice, having briefed and argued appeals involving constitutional, criminal, and immigration issues.Before joining Morrison Foerster, James clerked on the U.S. Supreme Court for Justice Sonia Sotomayor. James also clerked for Judge David Tatel on the D.C. Circuit, Justice Goodwin Liu on the California Supreme Court, and Judge Stephen Reinhardt on the Ninth Circuit.James graduated magna cum laude from Harvard Law School, where he was a Notes Editor of The Harvard Law Review. He received his undergraduate degree from Harvard College magna cum laude, with a Bachelor of Arts in Government and Economics.<h4>Representative Appellate Arguments</h4><ul><li><a href="https://www.mofo.com/resources/video-audio/221205-kym-pardini-v-unilever-united-states">Pardini v. Unilever United States, Inc.</a>(14:53) (9th Cir.) Briefed and argued appeal securing affirmance on preemption grounds in long-running dispute concerning the product label on “I Can’t Believe It’s Not Butter! Spray.”</li><li>LaFace v. Ralphs Grocery Company (California, Second District Court of Appeal) Briefed and argued appeal winning affirmance of judgment rejecting suitable seating claim</li><li><a href="https://www.ca9.uscourts.gov/media/video/?20220318/21-56133/" target="_blank">AK Futures LLC v. Boyd Street Distro, LLC</a> (9th Cir.) Won affirmance of preliminary injunction against trademark infringement while securing first precedential decision on legality of Delta-8 THC</li><li><a href="https://youtu.be/UC74Em_ShYQ" target="_blank">U.S. ex rel. DeFatta v. UPS </a>(15:22) (9th Cir.) Successfully briefed and argued appeal securing dismissal of False Claims Act lawsuit</li><li>Ezeokoli v. Uber Technologies, Inc. (California, First District Court of Appeal) Briefed and argued appeal securing victory in Lanham Act false-advertising lawsuit</li><li><a href="https://youtu.be/6vxtNVPrU7o?t=681" target="_blank">Kearney v. Foley & Lardner LLP </a>(11:22) (9th Cir.) Argued and won an appeal ending long-running dispute over school district’s taking of private property</li></ul><ul><li>John Russo Industrial Sheetmetal, Inc. v. City of Los Angeles Department of Airports (California, First District Court of Appeal) Argued and won judgment for airport authority in case challenging purported debarment of contractor</li><li> <a href="https://www.youtube.com/watch?v=nRXGlT9qTrs&feature=youtu.be" target="_blank">Doe v. Kelly</a> (0:00) (9th Cir.) Argued and secured affirmance of preliminary injunction requiring the federal government to improve conditions of confinement in Border Patrol detention centers</li></ul><div><h4>Additional Representative Matters </h4></div><ul><li>Thole v. U. S. Bank, N. A. (U.S. S. Ct.) Prevailed in case concerning Article III standing limitations on ERISA lawsuits</li><li>Atlantic Richfield Co. v. Christian (U.S. S. Ct.) Defeated claim that CERCLA precluded state-law tort claims for property damage</li><li>Pivotal Software Inc. v. Superior Court of California (U.S. S. Ct.) Secured certiorari for Pivotal Software (part of VMware) on question whether federal law requires stay of discovery in federal securities law actions in state court until the complaint survives a motion to dismiss</li><li>AFMS v. United Parcel Service and FedEx (9th Cir.) Prevailed in significant antitrust case, defeating claims against client UPS</li><li>Lower Elwha Klallam Indian Tribe v. Lummi Nation (9th Cir.) Won reversal for the Lummi Nation, reclaiming its historic treaty rights</li><li>Bank v. Uber Technologies, Inc. (2d Cir.) Obtained dismissal of a Telephone Consumer Protection Act suit on the ground that the call was political speech</li><li>Flores v. UPS & Pocino Foods v. UPS (Consolidated) (9th Cir.) Secured judgment for UPS on two putative RICO and breach-of-contract class actions about its Next Day Air services</li><li>In re: SSA Bonds Antitrust Litigation (2d Cir.) Defended dismissal in appeal raising issues of antitrust law and personal jurisdiction</li></ul>

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Partner

James Sigel is a partner in the Appellate and Supreme Court practice group. James has handled appeals in many areas of law, including class actions, securities, false advertising, antitrust, and environmental regulation. He has briefed dozens of appeals in federal and state appellate courts throughout the country, including the U.S. Supreme Court, the Second, Seventh, Ninth, and D.C. Circuits, and the New York and California state courts.

James R. Sigel

Lena Hughes, a member of Morrison Foerster’s Appellate and Supreme Court practice, handles appeals and critical motions in federal and state courts across the country. She has presented oral arguments in multiple federal courts of appeals as well as in New York state appellate courts.Lena’s practice encompasses many issues important to businesses, including restructuring, class actions, securities, false advertising, arbitration, the False Claims Act, and real estate. She has briefed dozens of appeals in federal and state appellate courts throughout the country, including the U.S. Supreme Court, the First, Second, Third, Fifth, Ninth, Federal and D.C. Circuits, and the New York and California state courts.Lena has particular experience in the Second Circuit, where she clerked on both the appellate and district courts. For example, she secured a Second Circuit win that a <a href="/resources/news/210426-no-circuit-split" target="_self">Reuters columnist</a> called a “major ruling” and “important synthesis of appellate precedent” that “put significant qualifiers” on constitutional standing to sue in data breach cases. Lena also serves on the Second Circuit’s pro bono panel.Lena also has significant experience in the New York state appellate courts. In one of her New York Appellate Division arguments, she successfully secured vacatur of a trial court order denying a permanent stay of arbitration.Lena also has played substantial roles in major restructuring matters. For example, she argued an appeal for creditors in one of the most successful reorganizations of a coal company in recent times, and she represented the Ad Hoc Group of Constitutional Debtholders in successfully defending the confirmation order in the Puerto Rico bankruptcy.Lena is an Editor of Morrison Foerster’s <a href="https://leftcoast.mofo.com/">Left Coast Appeals</a> blog, which keeps tabs on the Ninth Circuit and its decisions.Before joining Morrison Foerster, Lena served as a law clerk to Justice Elena Kagan of the U.S. Supreme Court. Lena also served as a Bristow Fellow in the Office of the U.S. Solicitor General in the U.S. Department of Justice, where she participated in litigation by the United States in the Supreme Court, advised on government appeals, and presented a successful oral argument in the D.C. Circuit. Before her fellowship, Lena clerked for Judge Gerard Lynch of the U.S. Court of Appeals for the Second Circuit, and Judge Denise Cote of the Southern District of New York.Lena earned her J.D. in 2012 from Columbia Law School where she received the Ruth Bader Ginsburg Prize for academic achievement and the Wilfred Feinberg Prize for Federal Courts work. She received her undergraduate degree from the University of Chicago, with a Bachelor of Arts in International Studies.<h4>Appellate Arguments</h4><ul><li><a href="https://www.mofo.com/resources/video-audio/230308-united-states-ex-rel-piacentile-v-amgen-et-al">United States ex rel. Piacentile v. Amgen, et al.</a> (16:38) (2d Cir.) Successfully argued for affirmance of dismissal of a False Claims Act action</li><li><a href="https://www.mofo.com/resources/video-audio/220809-national-abortion-federation-v-center">National Abortion Federation v. Center for Medical Progress et al.</a> (27:06) (9th Cir.) Briefed, argued, and won appeal for National Abortion Federation defending civil contempt order</li><li><a href="https://www.mofo.com/resources/video-audio/190416-ad-hoc-committee-v-peabody.html">Ad Hoc Committee, etc. v. Peabody Energy Corporation</a> (26:05) (8th Cir.) Successfully argued on behalf of Committee of Unsecured Creditors in defense of reorganization plan against challenges by hold-out creditors</li><li><a href="https://www.mofo.com/resources/video-audio/191022-st-mazal-owner-v-citiscape.html">215-219 W. 28th St. Mazal Owner LLC v Citiscape Bldrs. Group Inc.</a> (03:18:46) (New York Appellate Division, First Department) Successfully argued for vacatur of order denying permanent stay of arbitration</li><li><a href="https://www.mofo.com/resources/video-audio/200306-cohen-v-cohen.html">Cohen v. Cohen</a> (01:18:33) (New York Appellate Division, Second Department) Successfully argued for reversal of parental visitation order that unconstitutionally required parent to adopt religious practices as condition of visitation</li><li>United States v. Stubblefield (10:54) (D.C. Cir.) Briefed, argued, and won appeal for the United States in habeas case</li></ul><h4>Additional Representative Matters</h4><ul><li>Wamai v. Industrial Bank of Korea (2d Cir.) Secured affirmance of forum non conveniens dismissal of fraudulent conveyance and turnover claims against foreign bank</li><li>VeroBlue Farms USA Inc. v. Canaccord Genuity LLC (2d Cir.) Won affirmance of dismissal of complaint against investment bank for fraud, negligent misrepresentation, and related claims</li><li>GoldTown Corp. v. United Parcel Services, Inc. (New York Appellate Division, First Department) Successfully defended dismissal of tort claims against UPS as preempted by federal law</li><li>McMorris v. Carlos Lopez & Associates, LLC et al. (2d Cir.) Secured affirmance of judgment dismissing putative class action involving alleged data breach for lack of Article III standing</li><li>Cho et al. v. BlackBerry Limited et al. (2d Cir.) Successfully defended judgment on the pleadings dismissing named plaintiffs’ individual securities claims on res judicata grounds in putative securities class action</li><li>William Paulus v. Ocera Therapeutics, Inc. (9th Cir.) Successfully defended appeal of dismissal of putative securities class action involving a tender offer</li><li>Raytheon Company v. Indigo Systems Corporation (Fed. Cir.) Defeated attempt to upend jury verdict of no-liability in long-running trade secrets case</li><li>In Re: Pacific Fertility Center Litigation (9th Cir.) Obtained appellate reversal of district court decision refusing to compel arbitration in case involving fertility clinic in California</li><li>Kurtz v. Costco Wholesale Corporation (2d Cir.) Successfully petitioned for review of a class certification decision, then obtained a remand for the district court to reconsider its certification decision, and an eventual reversal on an injunctive class certification decision</li></ul>

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Of Counsel

Lena Hughes, a member of Morrison Foerster’s Appellate and Supreme Court practice, handles appeals and critical motions in federal and state courts across the country. She has presented oral arguments in multiple federal courts of appeals as well as in New York state appellate courts.

Lena Hughes is an Of Counsel in Morrison Foerster’s Appellate and Supreme Court Practice Group. Lena has handled appeals in many areas of the law, including bankruptcy, class actions, securities, false advertising, arbitration, and trade secrets. She has briefed dozens of appeals in federal and state appellate courts throughout the country, including the U.S. Supreme Court, the Second, Third, Fifth, Ninth, Federal and D.C. Circuits, and the New York and California state courts.

Lena Hughes

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At Left Coast Appeals, we provide insights into all things Ninth Circuit. Check out our <a href="https://leftcoast.mofo.com/statistics">Ninth Circuit Statistics</a> page, which offers an empirical window into the Court’s workings. At our <a href="https://leftcoast.mofo.com/en-banc-tracker">En Banc Tracker</a>, we monitor the Court’s busy en banc proceedings. And at <a href="https://leftcoast.mofo.com/topics/this-week-at-the-ninth" target="_self">This Week at the Ninth</a>, we highlight key recent decisions.Follow us on Twitter <a href="https://twitter.com/LeftCoastAppeal" target="_blank">@LeftCoastAppeal</a>. And check out our sister blog <a href="https://federalcircuitry.mofo.com/" target="_blank">Federal Circuitry</a>, which takes a data-driven look at the Federal Circuit.

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The Ninth Circuit decides <a href="http://cdn.ca9.uscourts.gov/datastore/general/2020/05/04/Ninth_Circuit_Judicial_Caseload_Profile_Dec2019.pdf">thousands</a> of appeals ever year. We’ve collected data on every civil, non-prisoner appeal resolved by a merits panel since January 1, 2020 to provide a picture of when and how the Court renders its opinions. Below are interactive charts that illustrate some of the more interesting variables that affect the timing of the Court’s decisions — including argument location, whether the opinion is published, and the Court’s ultimate disposition. Use the filters and date ranges to see what interesting trends you can discover. Check back soon, as these charts are updated frequently.<div data-reactroot=""><iframe frameBorder="0" height="100%" width="100%" src="https://public.tableau.com/views/LeftCoastDashboard/SubmissiontoDecisionDays?:language=en&amp;:display_count=yes&amp;:origin=viz_share_link&amp;:showVizHome=no&amp;:embed=yes&amp;:showShareOptions=false&amp;:showAppBanner=false;"></iframe></div>

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The Ninth Circuit decides <a href="http://cdn.ca9.uscourts.gov/datastore/general/2020/05/04/Ninth_Circuit_Judicial_Caseload_Profile_Dec2019.pdf">thousands</a> of appeals ever year. We’ve collected data on every civil, non-prisoner appeal resolved by a merits panel since January 1, 2020 to provide a picture of when and how the Court renders its opinions. Below are interactive charts that illustrate some of the more interesting variables that affect the timing of the Court’s decisions — including argument location, whether the opinion is published, and the Court’s ultimate disposition. Use the filters and date ranges to see what interesting trends you can discover. Check back soon, as these charts are updated frequently.<div data-reactroot=""><iframe frameBorder="0" height="100%" width="100%" src="https://public.tableau.com/views/LeftCoastDashboard/SubmissiontoDecisionDays?:language=en&amp;:display_count=yes&amp;:origin=viz_share_link&amp;:showVizHome=no&amp;:embed=yes&amp;:showShareOptions=false&amp;:showAppBanner=false;"></iframe></div>

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