This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Labor/Employment,
Civil Litigation

Aug. 22, 2022

US courts no venue for officers’ termination lawsuit, circuit says

“This is a case arising under state law that properly belongs in the state courts,” Senior 9th Circuit Judge J. Clifford Wallace wrote for the 2-1 majority.

A divided 9th U.S. Circuit Court of Appeals panel on Friday reversed U.S. District Judge William H. Orrick’s decision to reject a lawsuit by five fired Oakland Police Department officers, concluding federal courts don’t have subject matter jurisdiction.

The 2-1 ruling sends the officers’ lawsuit back to state court, reviving their case.

“This is a case arising under state law that properly belongs in the state ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up