United States Ninth Circuit

Dismissal of plaintiff's California Fair Employment and Housing Act (FEHA) claims against defendant-hospital and imposition of sanctions against plaintiff's attorney are reversed where: 1) the district court erred in finding that the FEHA employment discrimination and retaliation claims were preempted by the Labor Management Relations Act (LMRA), and consequently it lacked jurisdiction over the case; and 2) the district abused its discretion in imposing sanctions on attorney as his repleading of the FEHA claims, in contravention of the district court's instructions, preserved them for appeal and his decision clearly had merit.

Appellate Information

• Argued 02/15/2007
• Decided 04/16/2007
• Published 04/16/2007

Judges

• MILAN D. SMITH, JR., Circuit Judge., Before GOULD and MILAN D. SMITH, JR., Circuit Judges, and ALFRED V. COVELLO, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles J. Katz, Millbrae, CA, for the plaintiff-appellant.


• For Appellees:
  
• Alex Hernaez, Kauff, McClain & McGuire LLP, San Francisco, CA, for the defendants-appellees.