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, we examine the workings of the Court based on a dataset of all published and unpublished opinions.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>We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, Fortune 100, and technology and life sciences companies. The Financial Times has named the firm to its lists of most innovative law firms in North America and Asia every year that it has published its Innovative Lawyers Reports in those regions. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.

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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 a dozen 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 a 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. And 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. 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 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. Before the Supreme Court, James 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://youtu.be/UC74Em_ShYQ">U.S. ex rel. DeFatta v. UPS </a>(15:22) (9th Cir.) Successfully argued and briefed appeal securing dismissal of False Claims Act lawsuit</li><li>LaFace v. Ralphs Grocery Company (California, Second District Court of Appeal) Briefed and argued appeal winning affirmance of judgment rejecting suitable seating claims</li><li><a href="https://www.ca9.uscourts.gov/media/video/?20220318/21-56133/">AK Futures LLC v. Boyd Street Distro, LLC </a>(9th Cir.) Won affirmance of preliminary injunction against trademark infringment while securing first precedential decision on legality of Delta-8 THC</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">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><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">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><h4>Additional Representative Matters </h4><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, 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="https://www.mofo.com/resources/news/210426-no-circuit-split.html">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 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 represented the Official Committee of Unsecured Creditors on appeal 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><div><ul><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><a href="https://www.mofo.com/resources/video-audio/160304-united-states-v-stubblefield.html">United States v. Stubblefield </a>(10:54) (D.C. Cir.) Briefed, argued, and won appeal for the United States on ineffective assistance of counsel.</li></ul></div><h4>Additional Representative Matters</h4><ul><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></ul><ul><li>GoldTown Corp. v. United Parcel Services, Inc. (App. Term, 1st Dept.) Successfully defended dismissal of tort claims against UPS as preempted by federal law.</li></ul><ul><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></ul><ul><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></ul><ul><li>William Paulus v. Ocera Therapeutics, Inc. (9th Cir.) Successfully defended appeal of dismissal of putative securities class action involving a tender offer.</li></ul><ul><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></ul><ul><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></ul><ul><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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Associate

Lena Hughes is an associate 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 H. Hughes

Adam Sorensen, a member of Morrison Foerster’s Appellate and Supreme Court practice, has substantial experience briefing and arguing appeals. He has briefed cases in the U.S. Supreme Court and federal and state appellate courts across the country, as well as authored dispositive motions in a variety of trial courts. Adam has presented oral arguments in the Ninth and DC Circuits.Adam’s practice encompasses a wide range of subjects. He has prepared appellate briefs and critical motions in matters involving arbitration, bankruptcy, class actions, personal jurisdiction, preemption, securities, and statutory interpretation. For example, Adam drafted a winning Massachusetts Supreme Judicial Court brief that secured dismissal of a consumer class-action against our client UPS on the ground that a 19th century statute imposed no fee limits on most notary services. Adam also serves as an Editor of Morrison Foerster’s <a href="https://leftcoast.mofo.com/">Left Coast Appeals</a> blog, which keeps tabs on the Ninth Circuit.Before joining Morrison Foerster, Adam served as a Bristow Fellow in the Office of the U.S. Solicitor General. During his fellowship, he participated in litigation before the U.S. Supreme Court, advised the Solicitor General regarding authorization of government appeals in the federal courts of appeals, and successfully briefed and argued an appeal in the Ninth Circuit. After law school, Adam served as a law clerk for Judge J. Harvie Wilkinson III on the U.S. Court of Appeals for the Fourth Circuit.Adam graduated first in his class from the University of Virginia School of Law, where he was an articles development editor for the Virginia Law Review, a member of the Supreme Court Litigation clinic, and a pro bono volunteer for the Legal Aid Justice Center. Before law school, Adam was an associate editor for Time Magazine.<h4>Appellate Arguments</h4><ul><li><a href="https://www.mofo.com/resources/video-audio/220809-national-abortion-federation-v-center" target="_self">National Abortion Federation v. Center for Medical Progress</a> (16:35) (9th Cir.) Briefed, argued, and won affirmance on behalf of NAF in an appeal from district court orders granting a permanent injunction in a breach of contract case and holding defendants in contempt for violating a preliminary injunction.</li><li><a href="https://www.mofo.com/resources/video-audio/211207-bauer-v-fdic" target="_self">Bauer v. FDIC</a> (30:40) (D.C. Cir.) Briefed and argued as court-appointed amicus in defense of district court decision regarding FDIC authority to restrict bank executive payments at troubled financial institutions.</li><li><a href="/resources/video-audio/190613-usa-v-anthony-gray.html">United States v. Gray</a> (10:19) (9th Cir.) Briefed, argued, and won affirmance on behalf of the United States in an appeal regarding Fourth Amendment exclusion of evidence.</li></ul><h4>Additional Representative Matters</h4><ul><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>Pivotal Software Inc., et al. v. Superior Court of California, et al. (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>Richardson v. The UPS Store, Inc. (Massachusetts Supreme Judicial Court) Secured win on question certified by federal district court on meaning of Massachusetts notary regulation statutes.</li> </ul>

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Adam Sorensen is an associate in Morrison & Foerster’s Appellate + Supreme Court Practice Group. Before joining Morrison & Foerster, Adam served as a Bristow Fellow in the Office of the Solicitor General. During his fellowship, he assisted Justice Department attorneys litigating in the Supreme Court, advised the Solicitor General regarding authorization of government appeals in the lower courts, and successfully briefed and argued an appeal in the Ninth Circuit.

Adam L. Sorensen

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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=""><span class="rich-text-component-embed" data-component-info="{&quot;_version&quot;:1,&quot;locale&quot;:&quot;en-us&quot;,&quot;uid&quot;:&quot;blt1c2256b08ad5f317&quot;,&quot;embed_code&quot;:&quot;&lt;iframe frameborder=\&quot;0\&quot; height=\&quot;100%\&quot; width=\&quot;100%\&quot; src=\&quot;https://public.tableau.com/views/LeftCoastDashboard/SubmissiontoDecisionDays?:language=en&amp;amp;:display_count=yes&amp;amp;:origin=viz_share_link&amp;amp;:showVizHome=no&amp;amp;:embed=yes&amp;amp;:showShareOptions=false&amp;amp;:showAppBanner=false;\&quot;&gt;&lt;/iframe&gt;&quot;,&quot;height&quot;:610,&quot;title&quot;:&quot;Left Coast Statistics - embed&quot;,&quot;width&quot;:759,&quot;publish_details&quot;:{&quot;environment&quot;:&quot;bltf4674cd9142c5020&quot;,&quot;locale&quot;:&quot;en-us&quot;,&quot;time&quot;:&quot;2022-07-07T14:42:53.472Z&quot;,&quot;user&quot;:&quot;bltb12aec4341d41463&quot;,&quot;_trace&quot;:&quot;nav;array_node;drop_down;array_node;description;publish_details&quot;,&quot;_key&quot;:&quot;publish_details&quot;},&quot;_fetched&quot;:true,&quot;_content_type_uid&quot;:&quot;embed_content&quot;,&quot;_trace&quot;:&quot;nav;array_node;drop_down;array_node;description&quot;,&quot;_key&quot;:&quot;key&quot;}" data-component-type="embed_content" data-component-inline="false"></div>

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This week at the Ninth: Bull Trout and Claim Preclusion

This Week at the Ninth: Supplemental Jurisdiction Declined

This Week at the Ninth: Implied FDCA Preemption

This Week at the Ninth: Class Opt-Outs and Non-Renewed Contracts

This Week at the Ninth: School Groups and Minimum Contacts

While Ninth Circuit oral arguments are still fully remote, the U.S. Supreme Court has returned to in-person arguments.  The Court has adopted a hybrid of its old free-for-all style of questioning and the more orderly Justice-by-Justice questioning format it used over the phone.  MoFo appellate co-chairs Deanne Maynard and Joe Palmore were recently interviewed by Reuters about what to expect.Read the <a href="https://www.reuters.com/legal/government/mofo-scotus-co-chairs-keep-your-eye-these-two-justices-new-term-begins-2021-10-01/" target="_blank">full article</a>, which includes a video interview with Deanne and Joe.

U.S. ex rel. DeFatta v. UPS

John Russo Industrial Sheetmetal, Inc. v. City of Los Angeles Department of Airports 

Kearney v. Foley &amp; Lardner LLP

First Advantage LNS, Inc., et al. v. LexisNexis Risk Solutions, Inc.

Doe v. Kelly

Lower Elwha Klallam Indian Tribe v. Lummi Nation 

AFMS v. United Parcel Service and FedEx

Bank v. Uber Technologies, Inc.

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 

James Sigel

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Oral Argument Innovations at SCOTUS

High Court Orders Rethink Of $9.7M Award After TransUnion

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While Ninth Circuit oral arguments are still fully remote, the U.S. Supreme Court has returned to in-person arguments.  The Court has adopted a hybrid of its ol

Oral Argument Innovations at SCOTUS

At Left Coast Appeals, we provide insights into all things Ninth Circuit. Check out our <a href="/statistics">Ninth Circuit Statistics</a> page, which offers an empirical window into the Court’s workings. At our <a href="/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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At Left Coast Appeals, we provide insights into all things  Ninth Circuit. Check out our Ninth Circuit Statistics, which offers an empirical window into the Cou

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By: James R. Sigel

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