Cory Webster Provides 9th Circuit Updates on The California Appellate Law Podcast

Press Mentions

7.04.23

Cory Webster was a featured guest on The California Appellate Law Podcast episode, "Cory Webster on 9th Cir updates." In the episode, Webster discussed several recent decisions out of the 9th Circuit, including:

  • the Jack Daniels case: when binding precedent barred relief, Jack Daniels (and its savvy appellate team) moved for summary affirmance (you read that right) to get to the Supreme Court, which reversed in a unanimous decision,
  • the dormant-commerce-clause case in which the 9th Circuit—with unlikely help from Justice Thomas—upheld a California statute that could affect pork production nationally,
  • the Gap case, which demonstrates how the makeup of the 11-judge en banc pool drawn from the 29-judge circuit make a big difference,
  • the Slack Tech. v. Pirani case, where a visiting district judge cast the deciding vote that created a circuit split—and precipitated a Supreme Court reversal setting binding precedent, and
  • when Judge Watford retired following a split decision, a petition for panel review is probably going to require filling the open slot on the panel—which could change the outcome.