Reviving a sexual harassment claim by actress Ashley Judd against disgraced movie producer Harvey Weinstein, the Ninth Circuit today said it didn’t need the California Supreme Court’s help in resolving a first impression issue.
The federal panel said it could predict how the Supreme Court would construe Civil Code section 51.9, which provides a cause of action for sexual harassment during certain professional relationships. It concluded, “We have no difficulty concluding that the California Supreme Court would reach the same conclusion, obviating the need to certify the question” to the Supreme Court under rule 8.548 (here; see also here and here).
The Ninth Circuit reported that the parties agreed Supreme Court assistance wasn’t necessary.
