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Sep. 18, 2026

When federal judges phone a friend

As the 9th Circuit asks the California Supreme Court to settle a conflict over military auto insurance rates affecting nearly 200,000 policyholders, a look back at the certified question process one San Francisco lawyer fought to create, and at the state high court's growing willingness to say no.

When the 9th U.S. Circuit Court of Appeals is stumped, it has an out: it can seek guidance from the California Supreme Court.

A circuit query lets federal judges formally request answers about uncertain state law concerns from the state high court. The certified question process exists thanks to a crusade in the 1990s by a prominent San Francisco lawyer to establish a formal dialogue between the courts.

The lawyer, Jerome I. Braun of Farella Braun & Martel LLP, fought t...

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