One year to Election Day for two or three Supreme Court justices

Peder K. Batalden

Partner
Los Angeles
pbatalden@horvitzlevy.com
818.995.0800

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.

Credentials

Education

Clerkships

Bar Admissions

Professional Associations

Awards

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.

Bent 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.

Turrieta 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.

Al 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.

Diaz 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.

Jones v. Ford (2023)

Ninth Circuit holds plaintiffs lack viable privacy claims based on using the infotainment system in their Ford vehicle.

In re: John Kirkland v. USBC, Los Angeles (2023)

Ninth Circuit rules that a geographical limitation on subpoena powers applies to remote appearances.

Allied 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.

County 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.

D.S. v. The Lion’s Limos (2022)

California Court of Appeal affirms summary judgment in a wrongful death action against a common carrier.

Seifu v. Lyft (2022)

United States Supreme Court grant’s Lyft’s cert petition concerning Federal Arbitration Act preemption.

Ruiz 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

Jack v. DCo, LLC (2021)

Ninth Circuit holds Ford did not cause decedent’s death by failing to supply a post-sale warning about asbestos

Hardesty 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

Montoya 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

Carr v. AutoNation (2020)

Ninth Circuit affirms dismissal of trade secrets action against Horvitz & Levy's client

City 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.

Klune v. Palo Verde Health Care District (2019)

Ninth Circuit rejects hospital executive's claims in lawsuit against former employer.

San 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.

PSM Holding Corp. v. Nat’l Farm Fin. Corp. (2018)

Ninth Circuit rules on consequences of enforcing a money judgment pending appeal.

Royal Alliance Associates, Inc. v. Mooney et al. (2017)

Ninth Circuit reverses order requiring securities broker/dealer to submit to FINRA arbitration

ProBuilders 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

Monje 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

Sio v. Lynch (2015)

Ninth Circuit overturns order to deport pro bono client.

Foli v. Metropolitan Water District of Southern California (2015)

Ninth Circuit rejects challenge to water district's fluoridation program.

Intransit, Inc. v. Travelers Property & Casualty Co. (2014)

Ninth Circuit reverses judgment against insurer, finding that district court misapplied Oregon principles of policy interpretation.

Heston 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.

Bruns 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.

PSM Holding Corp. v. National Farm Financial Corp. (2009)

Ninth Circuit reverses $43 million judgment in contract dispute.

Publications