N/S Corp., a Pennsylvania Corp., Plaintiff-Appellant, v. LIBERTY Mut. Ins. Co., Defendant-Appellee, 127 F.3d 1145 (9th Cir. 1997). · Go Syfert
N/S Corp., a Pennsylvania Corp., Plaintiff-Appellant, v. LIBERTY Mut. Ins. Co., Defendant-Appellee, 127 F.3d 1145 (9th Cir. 1997). Cases Citing This Book View Copy Cite
99 citation events (91 in the last 25 years) across 11 distinct courts.
Strongest positive: Theodorakis v. DFINITY Stiftung (cand, 2024-08-20)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Theodorakis v. DFINITY Stiftung
N.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
resources are limited. in order to give fair consideration to those who call upon us for 1 justice, we must insist that parties not clog the system by presenting us with a slubby mass of 2 words rather than a true brief. hence we have briefing rules.
discussed Cited as authority (verbatim quote) National Labor Relations Board v. Valley Health System, LLC Dba Desert Springs Hospital Medical Cent
9th Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
by and large, we have been tolerant of minor breaches of one rule or another.
examined Cited as authority (verbatim quote) LaComba v. Eagle Home Loans and Investment LLC
E.D. Cal. · 2023 · quote attribution · 1 verbatim quote · confidence high
resources are limited. in 10 order to give fair consideration to those who call upon us for justice, we must insist that parties 11 not clog the system by presenting us with a slubby mass of words rather than a true brief. hence 12 we have briefing rules.
examined Cited as authority (verbatim quote) In re: Francisco Hernandez Jacqueline Hernandez (2×) also: Cited "see"
9th Cir. BAP · 2015 · quote attribution · 1 verbatim quote · confidence high
in order to give fair 7 consideration to those who call upon us for justice, we must 8 insist that parties not clog the system by presenting us with a 9 slubby mass of words rather than a true brief. hence we have 10 briefing rules.
examined Cited as authority (verbatim quote) In re: Francisco Hernandez Jacqueline Hernandez (2×) also: Cited "see"
9th Cir. BAP · 2015 · quote attribution · 1 verbatim quote · confidence high
in order to give fair 7 consideration to those who call upon us for justice, we must 8 insist that parties not clog the system by presenting us with a 9 slubby mass of words rather than a true brief. hence we have 10 briefing rules.
discussed Cited as authority (verbatim quote) In Re Dennis M. O'Brien in Re Oak O'brien, Debtors, Community Commerce Bank v. Dennis M. O'Brien Oak O'Brien (2×) also: Cited as authority (rule)
9th Cir. · 2002 · quote attribution · 1 verbatim quote · confidence high
in order to give fair consideration to those who call upon us for justice, we must insist that parties not clog the system by presenting us with a slubby mass of words....
discussed Cited as authority (rule) Zaragoza v. County of Riverside
9th Cir. · 2025 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir. 1997) (striking appellant’s deficient briefs and dismissing appeal), we nevertheless consider Plaintiffs’ appeal. 2 24-1804 violation is a sufficient ground for denying both post-trial motions, like the district court, we also hold that the motions fail on their own terms. 2.
cited Cited as authority (rule) Selbi Charyeva3 v. Mayorkas
W.D. Wash. · 2025 · confidence medium
Ins. 13 Co., 127 F.3d 1145, 1146 (9th Cir. 1997).
cited Cited as authority (rule) Trove Brands, LLC v. TRRS Magnate LLC
E.D. Cal. · 2025 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir. 1997) 25 (“[R]esources are limited.
discussed Cited as authority (rule) (PC) Martinez v. Secretary of California Department of Corrections and Rehabilitation (2×) also: Cited "see"
E.D. Cal. · 2025 · confidence medium
Ins. 22 Co., 127 F.3d 1145, 1146 (9th Cir. 1997).
cited Cited as authority (rule) Larry Grant v. City of Long Beach
9th Cir. · 2024 · confidence medium
Ins., 127 F.3d 1145, 1146 (9th Cir. 1997).
discussed Cited as authority (rule) In re: Curtis A Thompson
W.D. Wash. · 2024 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997); Syncom Capital Corp. v. 23 Wade, 924 F.2d 167 , 169 (9th Cir.1991) (per curiam); see also Dela Rosa v. Scottsdale Mem’l Health Sys., Inc., 136 F.3d 1241 , 24 1244 (9th Cir. 1988).
cited Cited as authority (rule) Ben Piazza v. CBS Broadcasting, Inc.
9th Cir. · 2023 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir. 1997) (striking the appellant’s deficient briefs and dismissing the appeal).
discussed Cited as authority (rule) In re: Peoria Regional Medical Center, LLC
9th Cir. BAP · 2019 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir. 1997) (striking appellant’s brief and dismissing appeal based on numerous violations of appellate rules); In re Clinton, 449 B.R. at 82-83 (summarily affirming bankruptcy court’s orders due to appellant’s failure to file an adequate record to permit meaningful review).
cited Cited as authority (rule) In re: Le Kwak Le and Vinh Trong Le
9th Cir. BAP · 2018 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir. 1997).
discussed Cited as authority (rule) Sweeney Gillette v. Malheur County (2×) also: Cited "see"
9th Cir. · 2018 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir. 1997). 3 Plaintiffs’ opening brief plainly fails to meet the minimum standards under FRAP 28 for at least three reasons.2 First, Plaintiffs’ “statement of the case” does not provide any facts on which Plaintiffs’ lawsuit is based; instead it merely outlines the procedural posture of the case.
discussed Cited as authority (rule) Ogorsolka v. Residential Credit Solutions Inc. (2×) also: Cited "see"
9th Cir. · 2017 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir. 1997).
discussed Cited as authority (rule) Kevin Do v. First Financial Security (2×)
9th Cir. · 2017 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir. 1997))).
cited Cited as authority (rule) In re: Disciplinary Proceeding of Bruce M. Greenfield
9th Cir. BAP · 2013 · confidence medium
Co., 16 127 F.3d 1145, 1146 (9th Cir. 1997).
discussed Cited as authority (rule) In re: Marshall Samuel Sanders
9th Cir. BAP · 2013 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir. 1997) 13 (striking appellant's brief, dismissing appeal, and stating: “In 14 order to give fair consideration to those who call upon us for 15 justice, we must insist that parties not clog the system by 16 presenting us with a slubby mass of words rather than a true 17 brief.”); Cmty. Commerce Bank v. O'Brien (In re O'Brien), 312 F.3d 18 1135, 1136 (9th Cir. 2002). 19 Fortunately for Sanders, the UST has provided in his response 20 brief a proper accounting of the facts and (nearly) complete 21 excerpt of the record, including the required transcript.
cited Cited as authority (rule) Seven Arts Pictures, Inc. v. 9md Uk Limited
9th Cir. · 2013 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997).
discussed Cited as authority (rule) In re: Asatour Baghdasarian
9th Cir. BAP · 2012 · confidence medium
Co., 12 127 F.3d 1145, 1146 (9th Cir. 1997)(striking appellant's brief, 13 dismissing appeal, and stating: “In order to give fair 14 consideration to those who call upon us for justice, we must 15 insist that parties not clog the system by presenting us with a 16 slubby mass of words rather than a true brief.”). 17 More importantly, and what provides a more compelling reason 18 to dismiss his appeal, is Baghdasarian’s failure to include the 19 transcript from the September 13, 2011 hearing at which the 20 bankruptcy court announced its decision to deny the Motion to 21 Restore.
cited Cited as authority (rule) Phillip S. Griffin, II v. Kathryn O. Griffin, n/k/a Kate Obenshain
Va. Ct. App. · 2012 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir. 1997).
examined Cited as authority (rule) Richard Wallace v. Bashas' Inc. Group Disability (3×) also: Cited "see"
9th Cir. · 2011 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997) (listing cases).
cited Cited as authority (rule) United States v. Manuel Martinez-Covarrubias
9th Cir. · 2011 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997).
cited Cited as authority (rule) Bank of America, n.a. v. Kyle Swanson
9th Cir. · 2010 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997).
cited Cited as authority (rule) O'QUINN v. Baca
Colo. Ct. App. · 2010 · confidence medium
Co., 127 F.3d 1145, 1146 (8th Cir.1997) ("[Judicial] resources are limited.
discussed Cited as authority (rule) Williams v. Gerber
9th Cir. · 2008 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir. 1997) (dismissing appeal where brief omitted standard of review, contained only a handful of record citations, and exceeded the word limit, and where appellant did not respond to motion to dismiss); Sekiya v. Gates, 508 F.3d 1198, 1200 (9th Cir. 2007) (dismissing appeal where brief failed to provide applicable standard of review, made virtually no legal argument, and lacked table of contents, table of authorities, citations to authority, and accu- rate citations to the record). [2] Appellants’ opening brief fails to comply with the rules of this circuit.
discussed Cited as authority (rule) Williams v. Gerber Products Co.
9th Cir. · 2008 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997) (dismissing appeal where brief omitted standard of review, contained only a handful of record citations, and exceeded the word limit, and where appellant did not respond to motion to dismiss); Sekiya v. Gates, 508 F.3d 1198, 1200 (9th Cir.2007) (dismissing appeal where brief failed to provide applicable standard of review, made virtually no legal argument, and lacked table of contents, table of authorities, citations to authority, and accurate citations to the record).
cited Cited as authority (rule) Unaffiliated Shareholders v. Mega-C Power Corp.
9th Cir. · 2008 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997).
discussed Cited as authority (rule) Williams v. Gerber Products Co
9th Cir. · 2008 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir. 1997) (dismissing appeal where brief omitted standard of review, contained only a handful of record citations, and exceeded the word limit, and where appellant did not respond to motion to dismiss); Sekiya v. Gates, 508 F.3d 1198, 1200 (9th Cir. 2007) (dismissing appeal where brief failed to provide applicable standard of review, made virtually no legal argument, and lacked table of contents, table of authorities, citations to authority, and accu- rate citations to the record). [2] Appellants’ opening brief fails to comply with the rules of this circuit.
discussed Cited as authority (rule) Williams Ex Rel. Tabiu v. Gerber Products Co.
9th Cir. · 2008 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997) (dismissing appeal where brief omitted standard of review, contained only a handful of record citations, and exceeded the word limit, and where appellant did not respond to motion to dismiss); Sekiya v. Gates, 508 F.3d 1198, 1200 (9th Cir.2007) (dismissing appeal where brief failed to provide applicable standard of review, made virtually no legal argument, and lacked table of contents, table of authorities, citations to authority, and accurate citations to the record).
discussed Cited as authority (rule) Sekiya v. Gates (2×) also: Cited "see"
9th Cir. · 2007 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997).
discussed Cited as authority (rule) Sekiya v. Gates (2×) also: Cited "see"
9th Cir. · 2007 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir. 1997). [2] Here, Sekiya’s opening brief is so deficient that we are compelled to strike it in its entirety and dismiss the appeal.
cited Cited as authority (rule) Hardwick v. Complete Skycap Services, Inc.
9th Cir. · 2007 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997) (“[W]hile the opening brief is replete with assertions of fact and assertions about the record, it contains a mere handful of generalized record citations.
cited Cited as authority (rule) Ward v. Circus Circus Casinos, Inc.
9th Cir. · 2007 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997) (“[W]e would feel most uneasy if this were an otherwise meritorious appeal, which cried out for reversal of the district court’s decisions.”).
discussed Cited as authority (rule) Ward v. Circus Circus Casinos, Inc.
9th Cir. · 2007 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997) ("[W]e would feel most uneasy if this were an otherwise meritorious appeal, which cried out for reversal of the district court's decisions."). 8 The Workers' appeal is meritorious, and their procedural violations were not so egregious as to prevent Circus from meaningfully responding to the appeal.
cited Cited as authority (rule) Tevis v. Wilke, Fleury, Hoffelt, Gould & Birney, LLP (In Re Tevis)
9th Cir. BAP · 2006 · confidence medium
Co., 127 F.3d 1145,1146 (9th Cir.1997) (“By and large, we have been tolerant of minor breaches of one rule or another.
cited Cited as authority (rule) Toroyan v. Gonzales
9th Cir. · 2006 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997), Toroyan’s petition is not meritorious.
cited Cited as authority (rule) Horne v. Angeline's YWCA
9th Cir. · 2006 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997).
cited Cited as authority (rule) Quan v. Gonzales
9th Cir. · 2005 · confidence medium
See Mitchel v. General Electric Company, 689 F.2d 877, 878 (9th Cir. 1982); N/S Corporation v. Liberty Mutual Insurance Company, 127 F.3d 1145, 1146 (9th Cir. 1997).
discussed Cited as authority (rule) Lin Quan v. Alberto F. Gonzales (2×)
9th Cir. · 2005 · confidence medium
See Mitchel v. General Electric Company, 689 F.2d 877, 878 (9th Cir.1982); N/S Corporation v. Liberty Mutual Insurance Company, 127 F.3d 1145, 1146 (9th Cir.1997). 13 The majority concedes the technical deficiencies of the brief and admits that it is "sympathetic to the Respondent's argument [that the brief be struck and the case dismissed]," maj. op. at 886, but concludes that dismissal is not necessary "[b]ecause we have conducted our own independent review of the administrative record." Id. at 886.
discussed Cited as authority (rule) Lin Quan v. Alberto R. Gonzales
9th Cir. · 2005 · confidence medium
See Mitchel v. General Electric Company, 689 F.2d 877, 878 (9th Cir.1982); N/S Corporation v. Liberty Mutual Insurance Company, 127 F.3d 1145, 1146 (9th Cir.1997). 13 The majority concedes the technical deficiencies of the brief and admits that it is "sympathetic to the Respondent's argument [that the brief be struck and the case dismissed]," maj. op., but concludes that dismissal is not necessary "[b]ecause we have conducted our own independent review of the administrative record." Id.
cited Cited as authority (rule) Armstrong v. City of North Las Vegas
9th Cir. · 2005 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997), we would affirm the district court, see Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004) (noting that summary judgment motions are reviewed de novo).
cited Cited as authority (rule) Pena-Torres v. Gonzales
9th Cir. · 2005 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997) (appellant “did not even deign to respond” when put on notice of failures by opposing counsel); Mitchel v. Gen.
cited Cited as authority (rule) Thomas v. Bodnar
9th Cir. · 2005 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997).
cited Cited as authority (rule) Atlantic Recording Corp. v. Chin-Liang Chan
9th Cir. · 2004 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997) (dismissing appeal where defendant noted substantial defects in plaintiffs opening brief and plaintiff did not address those defects in response).
cited Cited as authority (rule) Wolkin v. Southwest Resource Preservation, Inc.
9th Cir. · 2003 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir. 1997); Han v. Stanford Univ., 210 F.3d 1038 , 1040 (9th Cir.2000); Cmty. Commerce Bank v. O’Brien, 312 F.3d 1135, 1137 (9th Cir.2002).
cited Cited as authority (rule) Coash v. Union Pacific Railroad
9th Cir. · 2002 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir. 1997), we elect to decide it on the merits.
discussed Cited as authority (rule) Nathan Kimmel, Inc. v. Dowelanco
9th Cir. · 2001 · confidence medium
Co., 127 F.3d 1145, 1146 (9th Cir.1997) (concluding that even though the plaintiff had committed egregious viola tions of the appellate rules, "we would feel most uneasy [about dismissing the case] if this were an otherwise meritorious appeal”).
Retrieving the full opinion text from the archive…
97 Cal. Daily Op. Serv. 8170, 97 Daily Journal D.A.R. 13,211 N/S Corporation, a Pennsylvania Corporation
v.
Liberty Mutual Insurance Company
96-55641.
Court of Appeals for the Ninth Circuit.
Oct 23, 1997.
127 F.3d 1145
97 Cal. Daily Op. Serv. 8170
1997 U.S. App. LEXIS 29064
1997 WL 656358
Bruce M. Warren, Berger, Kahn, Shafton, Moss, Figler, Simon & Gladstone, Marina del Rey, California, for the plaintiff-appellant., Susan T. Olson, Kern & Wooley, Los Angeles, California, for the defendant-appellee.
Fernandez, O'Scannlain, Thomas.
Cited by 74 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 87%
Citer courts: Ninth Circuit (1)
FERNANDEZ, Circuit Judge:

N/S Corporation appeals the district court’s grant of judgment to N/S’s insurer, Liberty Mutual Insurance Company. N/S alleged various claims arising out of Liberty Mutual’s purported failure to meet its contractual obligations to provide a defense and to indemnify N/S in a prior action between Jackson Engineering & Manufacturing, Inc. and N/S. We dismiss the appeal.

DISCUSSION

We will not spill ink detailing the substantive facts of this case because we need not discuss its merits. We are passing through a period in the history of this country when the pressures upon the courts are extremely high. They are so because of the volume of work as more and more people seek to have the courts resolve their disputes and vindicate their rights. But resources are limited. In order to give fair consideration to those who call upon us for justice, we must insist that parties not clog the system by presenting us with a slubby mass of words rather than a true brief. Hence we have briefing rules. See Fed. R.App. P. 28.

By and large, we have been tolerant of minor breaches of one rule or another. Perhaps we are too tolerant sometimes. But there are times when our patience runs out. Then we strike an appellant’s briefs and dismiss the appeal. See Mitchel v. General Elec. Co., 689 F.2d 877, 879 (9th Cir.1982); Stevens v. Security Pac. Nat’l Bank, 538 F.2d 1387, 1389 (9th Cir.1976); see also Kano v. National Consumer Coop. Bank, 22 F.3d 899, 899-900 (9th Cir.1994); Love v. United States, 915 F.2d 1242, 1245 (9th Cir.1990); cf. Moore v. FDIC, 993 F.2d 106, 107 (5th Cir. 1993); TK-7 Corp. v. Estate of Barbouti, 966 F.2d 578, 579 (10th Cir.1992). This is one of those times. This is a time when an appellant has approached our rules with such insouciance that we cannot overlook its heedlessness.

The violations are legion. First, the standard of review section in the opening brief says nothing about the appellate standard of review and the omission is not corrected elsewhere in the brief. See Fed.R.App. P. 28(a)(6); 9th Cir. R. 28-2.5. Second, while the opening brief is replete with assertions of fact and assertions about the record, it contains a mere handful of generalized record citations. See Fed. R.App. P. 28(e); 9th Cir. R. 28-2.8. The brief leaves it up to the court to attempt to find the asserted information; alas, much of it is not there at all. Third, the opening brief exceeds the word limits for proportionally spaced briefs. See 9th Cir. R. 32(e). All of this is aside from lesser (?) matters like rather creative renditions of what actually occurred at the district court and the citation of California case authority which had been depublished many weeks before the brief was filed (and was without precedential value).

We might have been inclined to overlook all of that, but after Liberty Mutual pointed to these failures, and others, in a motion to dismiss, N/S did not even deign to respond. More than that, it filed a reply brief in which it entirely omitted the table of contents and the tables of authorities cited. See Fed. R.App. P. 28(c).

Enough is enough. We strike the N/S briefs and dismiss its appeal. Even so, we would feel most uneasy if this were an otherwise meritorious appeal, which cried out for reversal of the district court’s decisions. “We acknowledge the apparent harshness ... of our refusal to consider the merits of this appeal because ... counsel failed to comply with the rules.” Mitchel, 689 F.2d at 879.

However, the appeal is not meritorious. We have carefully reviewed the district court’s rulings, the facts, and the law, a process which N/S’s failure to follow the rules made considerably more difficult than it ought to have been. We are satisfied that[*1147] the district court did not err: (1) in determining that a claim that Liberty Mutual did not provide an adequate defense could not stand, see Merritt v. Reserve Ins. Co., 34 Cal.App.3d 858, 880-82, 110 Cal.Rptr. 511, 526-27 (1973); (2) in finding no merit in a claim that Liberty Mutual should have indemnified N/S after both paid amounts to settle with Jackson Engineering; (3) in determining that Liberty Mutual was not required to provide and pay for independent counsel, see Blanchard v. State Farm Fire & Cas. Co., 2 Cal.App.4th 345, 349-50, 2 Cal. Rptr.2d 884, 887 (1991); or (4) in denying leave to amend to plead fraud, see Love v. Fire Ins. Exch., 221 Cal.App.3d 1136, 1147, 271 Cal.Rptr. 246, 252 (1990) (an insurance company is not a fiduciary). We decided that we should give N/S the benefit of our close review, but it is not entitled to have us expatiate on our reasons for finding its case unmeritorious.

DISMISSED.