So, just a few days after their first warning to an employer, the Ninth Circuit issues another "show cause order" to a second employer about filing a frivolous petition for writ of mandamus. The court again states it will impose monetary sanctions unless the employer can show good cause for its appeal. In In Re Con-Way Freight Inc., No. 13-71160, (9th Cir. 6/27/13), the Court found the petition for writ of mandamus to be "frivolous and wholly without merit." In the appellate world, that is as direct as judges get. And, again, the employer was appealing from a denial of its motion for summary judgment.
Again, the law firm representing the employer was Littler Mendelson P.C. The individual defense lawyers are different, but the same law firm is involved. So, now the petition for writ of mandamus is starting to look more like a defense tactic than an upset and surprised defendant.