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Labor/Employment,
9th U.S. Circuit Court of Appeals

Nov. 4, 2020

Neither side wanted to argue Dynamex retroactivity at state high court

Attorneys for the defendant and the plaintiffs asked the high court to decertify the question of Dynamex's retroactivity in the days leading up to Tuesday's oral argument, which was scheduled after the 9th U.S. Circuit Court of Appeals asked the state Supreme Court to rule on the issue last September.

In a state Supreme Court hearing aimed at clarifying whether the court's 2018 Dynamex decision applies retroactively, attorneys and the justices struggled with an unusual circumstance on Tuesday: Neither side wanted to talk about the specific issue at hand.

Attorneys for the defendant and the plaintiffs asked the high court to...

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