Civil Litigation,
9th U.S. Circuit Court of Appeals
Dec. 2, 2020
9th Circuit settles novel question over new answers
The court recently settled a novel procedural question about when defendants should respond with a new answer to an amended complaint and provided some interesting insights into federal practice in the process.
James Sigel
Partner
Morrison & Foerster LLP
James is an editor of Left Coast Appeals, leftcoast.mofo.com, a blog devoted to all things 9th Circuit.
Adam Sorensen
Associate
Morrison & Foerster LLP
Adam is an editor of Left Coast Appeals, leftcoast.mofo.com, a blog devoted to all things 9th Circuit.
Sometimes important issues lie just beneath the surface of decisions resolving seemingly obscure procedural questions. The 9th Circuit U.S. Court of Appeal's recent decision in KST Data v. Enterprise Services, 2020 DJDAR 12206, is just such a case. Addressing an issue of first impression, the court held that defendants do not necessarily waive their affirma...
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