California Supreme Court Watch

#24-23 New England Country Foods, LLC v. Vanlaw Food Products, Inc., S282968. (9th Cir. No. 22-55432; 87 F.3d 1016; Central District of California; D.C. No. 8:21-cv01060-DOC-ADS.) Request under California Rules of Court, rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. The question presented is: “Is a contractual clause that substantially limits damages for an intentional wrong but does not entirely exempt a party from liability for all possible damages valid under California Civil Code [s]ection 1668?”

Request for certification granted: 2/14/2024

Opening brief on the merits filed: 3/15/2024

Answer brief on the merits filed: 4/15/2024

See the Ninth Circuit, Court of Appeals Opinion.