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Affiliated FM Ins. v. LTK Consulting (9th Cir. - Feb. 17, 2009)

By Shaun Martin

It's the Tuesday after a long weekend. What better day to sluff off some work?! Or, to use the lingo we employ in the federal judiciary, to certify questions to the state supreme courts.

Truthfully, I'm often in favor of certification. Still, I thought that the timing of the orders was worth at least a tiny (good-natured) jab. The Ninth Circuit certifies two questions today. The first, in this published order, sends a case to the Washington Supreme Court. The second, in this published order, not only sends another to the California Supreme Court, but also withdraws the earlier published opinion on the merits (e.g., that avoids a potential en banc call).

We'll see what the Washington and California courts say. But I'll make a bet with you. My guess is that we'll get a substantive answer from the former a lot sooner than we will from the latter.

Full post as published by California Appellate Report on February 17, 2009 (boomark / email).