Andy Serve reported in Friday’s Daily Journal on last week’s Ninth Circuit decision in Vazquez v. Jan-Pro Franchising International, Inc. The federal appeals court held that the California Supreme Court’s 2018 opinion in Dynamex Operations West, Inc. v. Superior Court applies retroactively. [Disclosure: Horvitz & Levy filed amicus curiae briefs (here, here, and here) in Dynamex.]
The Supreme Court was not consulted about whether it meant to have its own opinion apply retroactively. (The Ninth Circuit regularly asks the court for help on state law questions. (E.g., here.)) Instead, the federal court thought California retroactivity law was clear enough. It also relied in part on the Supreme Court’s summary denial of a request — made by an amicus curiae — to modify the Dynamex opinion to state the opinion is prospective only.
The Ninth Circuit could still refer the retroactivity question to the Supreme Court, either on panel or en banc rehearing. (See here and here.)
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