Emma Lively v. Wild Oats Markets
N/AOUTCOME: Made new law in 9th Circuit
James handled an appeal before the 9th Circuit Court of Appeals, and the US Supreme Court, pertaining to issues of the federal court’s jurisdiction. The issues were matters of first impression in th ... e 9th Circuit. Ultimately, James’ appeal was granted on all issues in favor of his client and the 9th Circuit issued a published opinion creating new controlling legal precedent. See Lively v. Wild Oats Markets, 456 F.3d 933 (9th Cir. 2006). Subsequently, the plaintiff petitioned the United States Supreme court for a writ of certiorari. James successfully opposed the petition, which was denied in its entirety, leaving the new law undisturbed.