In an article subtitled, “Recent case suggests that the 9th Circuit might be applying a less stringent standard for when it feels obliged to certify a question about California law to the state high court,” Horvitz & Levy partners Peder Batalden and Felix Shafir write in Friday’s Daily Journal [subscription] about the Ninth Circuit’s request in Troester v. Starbucks Corp. that the Supreme Court answer a question of state employment law.
We wrote about that “unusual” request when the Supreme Court agreed to answer the question. Peder and Felix’s article gives the topic a much more detailed treatment.