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United States Ninth Circuit


Fowler v. Guerin, 16-35052

Held that Washington public school teachers could proceed with their action seeking the return of investment interest that was allegedly skimmed from their state-managed retirement accounts. The teachers claimed that the state retirement system committed an unlawful taking of property in violation of the Fifth and Fourteenth Amendments by withholding some of the daily interest earned on their accounts. On appeal, the Ninth Circuit held that the district court should not have dismissed the plaintiffs' takings claim as prudentially unripe. The panel reversed summary judgment and remanded for the district court to reconsider class certification.

Appellate Information

  • Published 2018/08/16

Judges

  • Gould

Court

  • United States Ninth Circuit

Counsel

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