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Ralph Peterson v. Sutter Bay Medical Foundation, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-2911 · judgment July 2, 2025


Certiorari denied · June 8, 2026
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Federal Antitrust and Due Process Protections Whether a physician who suffers network exclusion, contract loss, and practice-sale interference after exposing an unlawful Medi-Cal, kickback and marketdomination scheme may seek federal relief under continuing-violation and concealment doctrines that toll the statute of limitations for those claims.

  2. Anti-SLAPP and State Court Procedure Whether the Ninth Circuit erred in applying California’s anti-SLAPP statute, Cal. Code Civ. Proc. § 425.16, to strike all state-law claims without conducting the claim by claim analysis required by Baral v. Schnitt, 1 Cal. 5th 376 (2016), and Bonni v. St. Joseph Health System, 11 Cal. 5th 995 (2021), thereby extending anti-SLAPP protection to non-petitioning conduct.

  3. Immunity and Jurisdictional Dismissal Whether the Ninth Circuit misapplied Mishler v. Clift, 191 F.3d 998 (9th Cir. 1999), by extending absolute quasi-judicial immunity to Medical Board members for ministerial acts—false communications to insurers made long after proceedings ended—and erred in ordering dismissal with prejudice of state-law contract claims barred by the Eleventh Amendment, contrary to Freeman v. Oakland Unified School District, 179 F.3d 846 (9th Cir. 1999)

Counsel of record

For petitioner
Kevin J. Mirch
Mirch Law Firm, LLP

For respondent
Chad Eric DeVeaux
Bartko Pavia LLP

Case

Conference history
Distributed for 1 conference

Linked docket
25A870

Proceedings

  1. Jun 08 2026
    Petition DENIED.
  2. May 19 2026
    DISTRIBUTED for Conference of 6/4/2026.
  3. May 07 2026
    Waiver of right of respondents Medical Board of California, Asif Mahmood, Denise Pines, Dev Gnanadev, Eserick Watkins, Evelyn Schipske, Felix Yip, Hedy Chang, Howard Krauss, Jamie Wright, Kristina Lawson, Laurie Rose Lubiano, Linda Whitney, Randy Hawkins, Richard Fantozzi, Richard Thor to respond filed.
  4. Apr 29 2026
    Waiver of right of respondents Sutter Bay Medical Foundation, Sutter Bay Hospitals dba Alta Bates Summit Medical Center, Neil Stollman, Rod Perry, Philip Rich to respond filed.
  5. Apr 03 2026
    Petition for a writ of certiorari filed. (Response due May 13, 2026)
  6. Feb 03 2026
    Application (25A870) granted by Justice Kagan extending the time to file until April 4, 2026.
  7. Jan 20 2026
    Application (25A870) to extend the time to file a petition for a writ of certiorari from February 3, 2026 to April 4, 2026, submitted to Justice Kagan.