Summary
The Ninth Circuit denied Con-Way Freight Inc.’s petition for a writ of mandamus, finding the petition frivolous and wholly without merit. The court ordered counsel to show cause why monetary sanctions should not be imposed individually for filing the petition.
Topics
Practice areas
Questions Presented
- Whether Con-Way Freight demonstrated that the extraordinary remedy of mandamus was warranted.
- Whether the petition was sufficiently frivolous to warrant an order requiring petitioner's counsel to show cause why monetary sanctions should not be imposed.
Holdings
- Con-Way Freight did not demonstrate that the case warranted intervention by the Ninth Circuit through the extraordinary remedy of mandamus; the petition was therefore denied.
- The petition was frivolous and wholly without merit, warranting an order requiring petitioner's counsel to show cause why monetary sanctions should not be imposed individually.
Key quotations
“Petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus.” (3)
“Indeed, we find the petition to be frivolous and wholly without merit.” (3)
Factual background
The supplied opinion contains little substantive background concerning the underlying district-court dispute. Con-Way Freight sought a writ of mandamus from the Ninth Circuit concerning proceedings in the Northern District of California. The court concluded that the petition did not warrant mandamus intervention and was frivolous and wholly without merit.
Procedural history
The matter arose from proceedings in the Northern District of California, case No. 3:09-cv-03670-JSW. Con-Way Freight sought extraordinary mandamus relief in the Ninth Circuit. The court denied the petition as unwarranted, frivolous, and wholly without merit, and referred the sanctions show-cause response to the Appellate Commissioner.