United States Ninth Circuit

In this employment action arising from plaintiff's termination, summary judgment in favor of defendants is affirmed, where: 1) plaintiff's retaliation claim failed to raise a triable dispute as to whether she did not hold a policymaking or confidential position; 2) breach of contract did not apply, as plaintiff held her position by virtue of appointment rather than by contract; and 3) plaintiff failed to raise a triable disputed as to whether government officials engaged in any affirmative misconduct going beyond mere negligence, and as to whether defendants gained an advantage by asserting one position and later taking a clearly inconsistent position, as required for equitable and judicial estoppel.

Appellate Information

• Decided 09/17/2014
• Published 09/17/2014

Judges

Court

• United States Ninth Circuit

Counsel