United States Ninth Circuit

In a class action lawsuit brought by a former employee against Cingular claiming, inter alia, it violated state law by passing a business and occupation tax (B&O tax) on to consumers in the form of a line item charge, dismissal of the suit is vacated where, contrary to the ruling below, there was no federal preemption of plaintiff's state law claims.

Appellate Information

• Argued 04/10/2008
• Decided 08/07/2008
• Published 08/07/2008

Judges

• HOOD, Senior District Judge:, Before: CARLOS T. BEA and MILAN D. SMITH, JR., Circuit Judges, and JOSEPH M. HOOD, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David E. Breskin, Daniel F. Johnson, John B. Crosetto, Short Cressman & Burgess PLLC, Seattle, WA, for the plaintiffs-appellants., Christine A. Mailloux, The Utility Reform Network, San Francisco, CA;  Patrick W. Pearlman, WV Public Service Commission, Charleston, WV;  for The National Association of State Utility Consumer Advocates in Support of Plaintiffs-Appellants.


• For Appellees:
  
• Scott A.W. Johnson, Kelly Twiss Noonan, Shelley M. Hall, Stokes Lawrence, P.S., Seattle, WA, for the defendants-appellees., Michael Altschul, Senior Vice President, General Counsel, CTIA-The Wireless Association;  Helgi C. Walker, William S. Consovoy, Wiley Rein LLP, Washington, DC;  for CTIA-The Wireless Association as Amicus Curiae in Support of Defendants-Appellees.