Rare Grant of Publication Request by the 9th Circuit

When the Ninth Circuit issues a memorandum disposition (a "memdispo") it signals that the court does not believe the decision worthy of publication. Parties may disagree and request publication, but that rarely happens. Reader Kent Qian directs our attention to this order & opinion issued today in which the mandate is recalled and the memdispo (issued in April 2013) is replaced by a published opinion. This shows that a successful publication request to the 9th Circuit is possible.

Also, in today's DJ is Appealing Orders Compelling Arbitration Just Got Tougher, by Reed Smith's Paul Fogel and Adam Forest, about MediVas v. Marubeni Corp., in which the 9th Circuit "adopted a rebuttable presumption that an order compelling arbitration stays, but does not dismiss, an action -- in other words, a presumption that makes orders compelling arbitration presumptively nonappealable ...."
(We noted the case here.)