
For many institutional clients, Peder Batalden is the go-to lawyer to handle important federal appeals.
In addition to taking the lead on briefing and arguing those appeals, he often works with clients before an appeal begins. He monitors trials and prepares key pretrial filings to preserve issues and present evidence in the best posture for appeal. And he routinely assists clients in responding to large money judgments, drawing upon a deep knowledge of federal jurisdiction and procedure to assist in staying enforcement of judgments and preparing post-trial motions so that issues for appeal are not lost.
Peder is a partner at the firm. He has argued and won numerous appeals in the U.S. Courts of Appeals for the Ninth and Tenth Circuits. He has also filed many briefs in the U.S. Supreme Court and successfully petitioned for review.
Peder has represented many significant companies, including AutoNation, FM Global, Ford Motor Company, Honeywell, Hospital Corporation of America, Lyft, Media News Group, Progressive, The Sherwin-Williams Company, Newell Brands, Sempra Energy, TASER International, Travelers, and Toyota Motor Sales. He has also represented California cities and counties in federal civil rights actions; major medical providers in healthcare matters; and insurers in coverage actions.
Peder is co-author of the leading treatise on civil appeals before the Ninth Circuit, the Rutter Group’s Ninth Circuit Civil Appellate Practice. He currently serves as one of 24 appellate lawyer representatives to the Ninth Circuit’s judicial conference and is a past Chair of the State Bar of California’s Standing Committee on the Federal Courts, which works to enhance bench-bar relations and studies proposed changes to federal rules. He also routinely comments on proposed amendments to the Federal Rules of Appellate Procedure and to the Ninth Circuit rules.
Representative Matters
Charlie L. v. Kangavari (2025)
California Court of Appeal publishes opinion holding that a statute providing procedural safeguards for ER surgeons against medical malpractice claims also protects other physicians who consult remotely with the ER department.
Read MoreBent v. Garland (2024)
Ninth Circuit relies on an amicus brief filed by Horvitz & Levy to hold that a criminal conviction vacated by a California statute cannot later trigger federal immigration proceedings.
Read MoreTurrieta v. Lyft, Inc. (2024)
California Supreme Court holds that plaintiffs cannot intervene in overlapping PAGA cases to challenge settlements based on their status as the State’s deputized private attorneys general.
Read MoreAl Shikha v. Lyft (2024)
In a published opinion, California Court of Appeal holds there is no common-law duty to run criminal background checks on passengers before they can be permitted to use the Lyft rideshare app.
Read MoreDiaz v. Macy’s West Stores, Inc. (2024)
Ninth Circuit holds that courts cannot require companies to arbitrate Private Attorneys General Act claims on a representative basis where arbitration agreements include a class or collective action waiver.
Read MoreJones v. Ford (2023)
Ninth Circuit holds plaintiffs lack viable privacy claims based on using the infotainment system in their Ford vehicle.
Read MoreIn re: John Kirkland v. USBC, Los Angeles (2023)
Ninth Circuit rules that a geographical limitation on subpoena powers applies to remote appearances.
Read MoreAllied Premier Ins. v. United Financial Cas. Co. (2023)
California Supreme Court holds commercial auto coverage does not persist indefinitely if insurer fails to cancel DMV certificates.
Read MoreCounty of Santa Clara v. Superior Court (2023)
California Supreme Court holds emergency medical service providers may maintain reimbursement actions against publicly operated health care service plans.
Read MoreD.S. v. The Lion’s Limos (2022)
California Court of Appeal affirms summary judgment in a wrongful death action against a common carrier.
Read MoreSeifu v. Lyft (2022)
United States Supreme Court grant’s Lyft’s cert petition concerning Federal Arbitration Act preemption.
Read MoreRuiz Nunez v. FCA USA LLC (2021)
Court of Appeal limits express warranty claims against auto manufacturers for failed repairs and holds they owe no implied warranty on sales of used cars
Read MoreJack v. DCo, LLC (2021)
Ninth Circuit holds Ford did not cause decedent’s death by failing to supply a post-sale warning about asbestos
Read MoreHardesty v. Sacramento County (2020)
Horvitz & Levy persuades Ninth Circuit to vacate $105 million verdict against Sacramento County in constitutional challenge to the County’s enforcement of mining regulations
Read MoreMontoya v. Ford (2020)
Court of Appeal reverses judgment for plaintiff in lemon law case, rejecting statute of limitations tolling based on plaintiff’s membership in successively filed class actions
Read MoreCarr v. AutoNation (2020)
Ninth Circuit affirms dismissal of trade secrets action against Horvitz & Levy's client
Read MoreCity of San Juan Capistrano v. Cal. Public Utilities Comm’n (2019)
Representing amicus curiae San Diego Gas & Electric (Sempra), Horvitz & Levy persuades Ninth Circuit to affirm the dismissal of an action seeking to derail Sempra’s construction project.
Read MoreKlune v. Palo Verde Health Care District (2019)
Ninth Circuit rejects hospital executive's claims in lawsuit against former employer.
Read MoreSan Diego Comic Convention v. Dan Farr Productions (2018)
Ninth Circuit saves defendants from financial ruin by staying enforcement of trademark infringement injunction and $4 million judgment pending appeal.
Read MorePSM Holding Corp. v. Nat’l Farm Fin. Corp. (2018)
Ninth Circuit rules on consequences of enforcing a money judgment pending appeal.
Read MoreRoyal Alliance Associates, Inc. v. Mooney et al. (2017)
Ninth Circuit reverses order requiring securities broker/dealer to submit to FINRA arbitration
Read MoreProBuilders Specialty Insurance Company, RRG v. Valley Corp B. (2017)
Ninth Circuit affirms partial district court judgment in favor of Insurer based on proper jury instructions
Read MoreMonje v. Spin Master Inc. (2017)
Ninth Circuit affirms trial court’s rulings striking punitive damages and excluding speculative expert toxicological causation opinions in product liability case involving children’s toy
Read MoreFoli v. Metropolitan Water District of Southern California (2015)
Ninth Circuit rejects challenge to water district's fluoridation program.
Read MoreIntransit, Inc. v. Travelers Property & Casualty Co. (2014)
Ninth Circuit reverses judgment against insurer, finding that district court misapplied Oregon principles of policy interpretation.
Read MoreHeston v. Taser (2011)
Ninth Circuit affirms district court’s reduction of damages award and orders further reduction, leaving defendant responsible for only $150,000 of original $7.6 million award.
Read MoreBruns v. E-Commerce Exchange, Inc. et al. (2011)
California Supreme Court reverses Court of Appeal opinion that permitted plaintiff to proceed with putative class action more than five years after filing complaint.
Read MorePSM Holding Corp. v. National Farm Financial Corp. (2009)
Ninth Circuit reverses $43 million judgment in contract dispute.
Read MoreCredentials
Education
- University of California, Los Angeles, School of Law
J.D., 1999 - University of Chicago
A.B., cum laude, 1996
Clerkships
- Hon. Kermit E. Bye, U.S. Court of Appeals, Eighth Circuit (2000-2002)
- Hon. Robert J. Kelleher, U.S. District Court, Central District of California (1999-2000)
Bar Admissions
- California
- U.S. Supreme Court
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. Court of Appeals, Tenth Circuit
- U.S. Court of Appeals, Federal Circuit
Professional Associations
Awards
- Best Lawyers (2016-2024)
- Super Lawyers (2006-2025)
Publications
- Appellate Case Summaries (Spring 2025) California Health Law News, Vol. XXVIII, Issue 2, p. 8
- Appellate Case Summaries (Winter 2025) California Health Law News, Vol. XXVII, Issue 1, p. 8
- Appellate Case Summaries (Fall 2024) California Health Law News, Vol. XXVI, Issue 3, p. 7
- Implications of Wit v. United Behavioral Health on Mental Health and Substance Use Disorder Benefits Claims (Summer 2024) American Health Law Association, Vol. 5, Issue 4
- Appellate Case Summaries (Spring 2024) California Health Law News, Vol. XXVI, Issue 1, p. 29
- PAGA Returns To The US Supreme Court (March 08, 2024) Daily Journal
- Appellate Case Summaries (Fall 2023) California Health Law News, Vol. XXV, Issue 3, p. 17
- Appellate Case Summaries (Summer 2023) California Health Law News, Vol. XLVI, Issue 2, p. 41
- Appellate Case Summaries (Winter 2023) California Health Law News, Vol. XXV, Issue 1, p. 48
- Appellate Case Summaries (Fall 2022) California Health Law News, Vol. XLIV, Issue 2, p. 28
- Medicaid Liens and Gallardo (October 2022) Health Law Connections, American Health Law Association
- Appellate Case Summaries (Spring 2022) California Health Law News, Vol. XLIII, Issue 1, p. 29
- Appellate Case Summaries (Summer 2021) California Health Law News, Vol. XLII, Issue 1, p. 24
- The PAGA Preemption Battle Knocking On High Court’s Door (Aug. 3, 2021) Law360
- Appellate Case Summaries (Spring 2021) California Health Law News, Vol. XLI, Issue 1, p. 16
- Appellate Case Summaries (Fall 2020) California Health Law News, Vol. XL, Issue 3, p. 16
- Appellate Case Summaries (Spring 2020) California Health Law News, Vol. XXXIX, Issue 2, p. 18
- Appellate Case Summaries (Winter 2020) California Health Law News, Vol. XXXIX, Issue 1, p. 29
- Appellate Case Summaries (Fall 2019) California Health Law News, Vol. XXXVIII, Issue 2, p. 33
- Appellate Case Summaries (Spring 2019) California Health Law News, Vol. XXXVIII, Issue 1, p. 20
- Appellate Case Summaries (Fall 2018) California Health Law News, Vol. XXXVII, Issue 1, p. 24
- Appellate Case Summaries (Fall 2017/Winter 2018) California Health Law News, Vol. XXXVI, Issue 1, p. 32
- Rutter Group’s Ninth Circuit Civil Appellate Practice, Co-author
- When the 9th Circuit turns to the California Supreme Court (Aug. 25, 2017) Daily J., p. 6
- Appellate Case Summaries (Fall 2016) California Health Law News, Vol. XXXIV, Issue 3, p. 33
- Appellate Case Summaries (Summer 2016) California Health Law News, Vol. XXXIV, Issue 2, p. 26
- Ninth Circuit weighs key arbitration issues (Podcast) (July 2016), Daily J.
- Appellate Case Summaries (Summer/Fall 2015) California Health Law News, Vol. XXXIII, Issue 3, p. 22
- Congress, Judges Diverge on Remand Review (June 22, 2015) Daily J., p. 6
- Using Statistics to Determine Whether Causation is Adequately Proven in Medical Malpractice Actions Involving Multiple Events Preceding the Injury (June 2015) Business Law News, Issue 2
- Healthcare Litigation Update, Presented by H. Thomas Watson and Peder K. Batalden (Apr. 18, 2015) CSHA Annual Meeting and Spring Seminar, Huntington Beach, California
- Appellate Case Summaries (Winter 2015) California Health Law News, Vol. XXXIII, Issue 1, p. 24
- Writ likely unneeded to review poach deal (Oct. 8, 2014) Daily J., p. 1
- Briefing Between Brevity and Boredom (Aug. 29, 2014) Daily J., p. 1
- Court Interprets the OCSLA in Valladolid (Jan. 17, 2012) The Court Reporter (DRI)
- Staying Enforcement of A Money Judgment Pending Appeal: An Overview (Aug. 2008) IADC Appellate Practice Committee Newsletter
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