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Federal Judiciary

: California Appellate Report

Chubb Insurance v. UPS Supply Chain (9th Cir. - Sept. 22, 2010)

By Shaun Martin

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Every half-decade or so, the Ninth Circuit expressly invites amicus briefs in a particular case. Back in 2007, I noted one such order and thought it'd be a potentially interesting topic (about evidence) on which energetic lawyers or law students might want to opine. Then another one came out later that year, which I also mentioned. This time on an antitrust issue.

Fun stuff. You get to have an input on an actual case. Plus, sometimes, the Ninth Circuit thanks you by name in a published opinion.

Well, it's 2010, and the Ninth Circuit's done it again. Amicus briefs, anyone?

But this time, no way in Hades that I'm going to suggest that anyone actually crank out something. Here's the topic:

"The court invites briefs from amici curiae addressing the question whether Article 35 of the Convention for the Unification of Certain Rules for International Carriage by Air, May 28, 1999, S. Treaty Doc. No. 106-45 ('Montreal Convention'), providing that '[t]he right to damages shall be extinguished if an action is not brought within a period of two years,' is applicable to indemnity actions brought by defendants against third-party air carriers."

Oh, yeah. I'll get right on it. Nothing could hold my interest more.

Plus, last time, you had 30 days to submit the brief. This time it's only 21. 'Cause this will definitely be the first thing on your plate.

P.S. - As with the last amicus invitations, Judge Gould is again on the panel. People are going to start calling him "Mr. Amicus" if he's not careful. Okay. "Judge Amicus."

Full post as published by California Appellate Report on September 23, 2010 (boomark / email).

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