⚖ Oral Arguments, with Context

The Ninth Circuit hears a dispute over oil-development rights in Ventura County. The two Peak companies held an oil and gas lease and operated wells. They say the county's clearance decisions shut down their operations and deprived them of valuable lease rights. They sued for a taking without compensation. The county pursued its own claims over code violations and penalties. Peak wants to appeal the dismissal of its takings claim, not the county's later award. But after its lawyer withdrew, Peak did not obtain replacement counsel, and the county obtained a default judgment. A counterclaim is a claim brought back against the party that sued. A default judgment can follow a failure to defend against such a claim. You'll hear Rule 12(b)(6), which concerns a complaint that fails to state a legal claim, and Rule 41(b), which addresses failure to pursue litigation or obey court orders. You'll also hear merger: the principle under which earlier nonfinal rulings can become reviewable with the final judgment. Not every order necessarily merges. Peak will argue that it fully litigated its takings claim and should not have to contest the county's separate claims just to preserve an appeal. The county will argue that Peak's nonparticipation and failure to seek relief from the default prevent review of the earlier ruling. The judges must sort out that procedural question before they can reach the underlying property dispute.

Peak Oil Holdings LLC, et al. v. County of Ventura (No. 25-4114) — U.S. Court of Appeals for the Ninth Circuit, argued October 21, 2026.