Willamette Law Online

(10 summaries)

Emily Palmer

9th Circuit Court of Appeals

TitleExcerptFilling Date
Dilts v. Penske Logistics, Inc.Labor Law: State laws are not preempted by the Federal Aviation Administration Authorization Act of 1994 unless proven to have a “significant impact” on prices, routes and services.(07-09-2014)
Ruiz v. Affinity LogisticsLabor Law: When one controls the details of another’s work, courts must weigh a variety of factors to determine whether the worker is an employee or an independent contractor, including determining whether the “employer” has the right to control the details of the work.(06-16-2014)
Gabriel v. Alaska Electrical Pension FundEmployment Law: An error of calculation in a benefit pension plan is not sufficient to invoke equitable estoppel. (06-06-2014)
George v. EdholmCivil Rights § 1983: The actions of a private individual may be attributed to the state if there is a close enough connection between the challenged action and the state actor so that the behavior may be treated as if it was “of the State itself."(05-28-2014)
Chaudhry v. City of Los AngelesCivil Rights § 1983: California's survival statute does not apply to claims where the death of the decedent was caused by a violation of federal law. (05-19-2014)
Wolfson v. ConcannonConstitutional Law: Free speech restrictions by states on non-judge candidates running for judicial office must be based on a compelling state interest and must be narrowly tailored to achieve that interest.(05-09-2014)
Garcia v. PacifiCare of CaliforniaInsurance Law: A health insurance company’s refusal to cover myoelectric prosthetics is not a violation of California Health and Safety Code §1367.18.(05-08-2014)
Technica, LLC v. Carolina Cas. Ins Co.Remedies: The absence of a state license to contract does not preclude a subcontractor from pursuing a claim under the Miller Act for payments due under the contract. (04-29-2014)
In re: PerezCivil Procedure: The timing of a statement of disclosure does not negate an employee's status as an informant, and the identity of informants will only be justifiably released to the defending party if the information is essential to a successful defense.(04-18-2014)
Meritage Homes of Nevada V. FDICConsumer Credit: The Federal Deposit Insurance Corporation may satisfy judgments against it with receiver's certificates as opposed to cash.(04-15-2014)