California Labor &
Employment Law Blog

Mar. 9 2009

Ninth Circuit Denies En Banc Review in San Francisco Healthcare Mandate Case

Topics: Court Decisions

Today the Ninth Circuit issued an order denying Golden Gate Restaurant Association's petition for en banc review of the court's previous ruling that San Francisco's employer-mandated health care ordinance is not preempted by ERISA. A number of justices dissented from the denial of en banc review, including Smith, Kozinski, O'Scannlain, Kleinfeld, Tallman, Bybee, Callahan and Bea. It is anticipated that the Golden Gate Restaurant Association will seek review by the United States Supreme Court on the issue of whether San Francisco's Health Care Ordinance is preempted by ERISA. For a link to updates provided by the Golden Gate Restaurant Association, click here. To review our prior postings on this case, click here and here.

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For over 20 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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