Monday, July 31, 2023

9th Cir. Writ Opinion

Getting writ relief in the 9th Circuit is extremely rare -- "Mandamus is an “extraordinary remedy” appropriate only in “exceptional circumstances amounting to a judicial usurpation of power” or a “clear abuse of discretion.”" But last week the court published this opinion granting a petition for writ of mandamus. The Court explained:

Mindful of the “extraordinary nature” of mandamus relief, In re Williams-Sonoma, Inc., 947 F.3d 535, 538 (9th Cir. 2020), we conclude that it is warranted here as the [petitioners] present a novel issue involving the interplay of two Federal Rules of Civil Procedure that has divided district courts across the country and that is likely to have significant continued relevance in the wake of technological advancements and professional norms changing how judicial proceedings are conducted.