United States Ninth Circuit

In a suit brought under the Oregon Family Leave Act (OFLA) against Sears by an employee who was terminated for excessive absences, summary judgment for Sears is affirmed where: 1) although the district court erred in not applying relevant precedent from a state appellate court, as there was no evidence that the Oregon Supreme Court would have decided the OFLA issue differently; nevertheless, 2) affirmance was proper on the grounds that the record in this case did not contain any evidence that Sears violated OFLA.

Appellate Information

• Decided 10/12/2007
• Published 10/12/2007

Judges

• SILVERMAN, Circuit Judge:, Before: FERDINAND F. FERNANDEZ, BARRY G. SILVERMAN, and SUSAN P. GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Keith D. Karnes, Olsen, Olsen & Daines, and Jason C. McBride, Salem, OR, for the plaintiff-appellant.


• For Appellees:
  
• Michael T. Garone and Jean Ohman Back, Schwabe, Williamson & Wyatt, Portland, OR, for the defendant-appellee.