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Civil Procedure

Law Offices of Ernest Goodman > Civil Procedure

Morozova v. Blanche: Another Ninth Circuit Case Moving Toward Oral Arguments 

Another piece of good news from the U.S. Court of Appeals for the Ninth Circuit. Morozova v. Blanche, No. 25-4067, is being considered for an upcoming oral argument calendar in Pasadena. The Ninth Circuit has advised counsel that the case is being considered for a 2027 Pasadena sitting and has requested that the parties identify any scheduling conflicts....

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Fertikh v. Blanche: Due Process Before the Ninth Circuit

On September 16, 2026, I had the opportunity to argue Fertikh v. Blanche, No. 25-7834, before the U.S. Court of Appeals for the Ninth Circuit in Pasadena, California. Arguing before the Ninth Circuit was a memorable professional experience. The Pasadena courthouse itself adds to the atmosphere—the beautiful historic building, with its colonial-style architecture and impressive interior, provides a striking setting for a federal appellate argument. The appeal raises important questions concerning procedural due process in immigration proceedings, including adequate notice, denial of a continuance, and whether a respondent was provided a meaningful opportunity to prepare and present his case. For me, one of...

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The American Rule in Legal Fees: Why Each Party Pays Their Own Lawyer

The American Rule is intended to encourage access to the courts. If losing a case meant automatically paying the other side’s legal fees, many people might be afraid to pursue valid claims. This rule ensures that litigation is not just a tool for the wealthy. However, critics argue that it allows frivolous lawsuits to flourish since plaintiffs do not face the risk of paying the defendant’s attorney’s fees if they lose....

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