U.S. Ninth Circuit - The FindLaw 9th Circuit Court of Appeals Opinion Summaries Blog

Challenge to Orange County's Retirement Benefit System, and Criminal and Tort Matters

In Retired Employees' Assn. v. Cty. of Orange, No. 09-56026, involved an action challenging Orange County's change to the structure of its health benefits under which the County began to split the pool of active and retired employees for purposes of setting premiums.  The Ninth Circuit certified the following question to the Supreme Court of California:  Whether, as a matter of California law, a California county and its employees can form an implied contract that confers vested rights to health benefits on retired county employees.

Stacy v. Rederiet Otto Danielsen, A.S., No. 09-15579, concerned an action for negligent infliction of emotional distress arising from a maritime collision.  The court of appeals reversed the dismissal of the action, on the ground that plaintiff alleged that he was within the zone of danger and that he suffered emotional distress from the fright caused by the negligent action of the defendants, and nothing more was required to assert a cause of action cognizable under maritime law.

In US v. Struckman, No. 08-30312, the court of appeals affirmed the district court's denial of defendant's motion to dismiss the tax fraud charges against him, on the ground that the broad suppression of evidence before trial was an adequate remedy for the prosecutorial misconduct found by the district court, and dismissal of the indictment was unnecessary.

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