United States Ninth Circuit

A party's failure to timely inform the court of appeals of a settlement that it believes disposes of a pending appeal precludes the party from asserting the affirmative defense of settlement and release in a later proceeding.

Appellate Information

• Argued 02/15/2008
• Decided 08/21/2008
• Published 08/21/2008

Judges

• CLIFTON, Circuit Judge:, Before:  STEPHEN S. TROTT, RICHARD R. CLIFTON, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Timothy J. Lowery (argued);  William E. Winfield, Susan M. Seemiller, Nordman Cormany Hair & Compton LLP, Oxnard, CA, for the appellants.


• For Appellees:
  
• Kenneth P. Roberts (argued), Kenneth P. Roberts, APLC, Woodland Hills, CA, for the appellees.