United States Ninth Circuit

Dismissal of an action alleging that defendant-employer's threat of termination if an attorney-employee continued representation of another employee in a private matter is affirmed where: 1) the plaintiffs did not engage in constitutionally protected speech; 2) the policy regarding outside litigation did not constitute an improper prior restraint; and 3) plaintiffs failed to state a contract claim. Award of attorney's fees to defendants is reversed where plaintiffs raised a question that was not answered clearly by Ninth Circuit precedent.

Appellate Information

• Argued 11/17/2008
• Decided 01/27/2009
• Published 01/27/2009

Judges

• Before:  SUSAN P. GRABER and RICHARD R. CLIFTON, Circuit Judges, and EDWARD C. REED, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Paula Lauren Gibson, Los Angeles, CA, in propria persona, for the plaintiffs-appellants.


• For Appellees:
  
• Stephanie L. Quinn, Randolph Cregger & Chalfant LLP, Sacramento, CA, for the defendants-appellees.