WILLIAM E. BROCK, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, PLAINTIFF-APPELLANT,
v.
JOANN SHIRK, INDIVIDUALLY AND DOING BUSINESS AS OREGON MEAT CUTTING SCHOOL; FRANK B. SHIRK, INDIVIDUALLY AND DOING BUSINESS AS OREGON MEAT CUTTING SCHOOL, DEFENDANTS-APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court vacated its prior judgment and remanded the case for reconsideration in light of a new Supreme Court precedent.
The Supreme Court vacated the Ninth Circuit's judgment and remanded the case for further consideration in light of McLaughlin v. Richland Shoe Co.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Controlling Precedent cases and more on FLexlaw
The Supreme Court granted a petition for writ of certiorari, — U.S. -, 109 S.Ct. 38, 102 L.Ed.2d 18, it vacated our judgment of December 8, 1987, Brock v. Shirk, 833 F. 2d 1326 (9th Cir.1987), and remanded the case to this court for further consideration in light of McLaughlin v. Richland Shoe Co., 486 U.S. -, 108 S.Ct. 1677, 100 L.Ed.2d 115 (1988).
In Section II of our opinion, we followed the controlling precedent of this circuit in determining the meaning of the word “willful” in 29 U.S.C. § 255. We relied upon Marshall v. Union Pac. Motor Freight Co., 650 F. 2d 1085, 1092 (9th Cir.1981), and EEOC v. First Citizens Bank of Billings, 758 F. 2d 397 (9th Cir.1985).
Our footnote 2 observed prophetically: We recognize that other circuits have questioned that definition of willful, and that the Supreme Court will likely resolve the existing conflict among the circuits. See Brock v. Richland Shoe, 799 F. 2d 80 (3d Cir.1986), cert. granted [— U.S. -, 108 S.Ct. 63, 98 L.Ed.2d 27] (1987). First Citizens is still the law of this circuit. It controls here.
The Court has indeed resolved the matter in McLaughlin v. Richland Shoe Co. We now remand the cause to the district court for appropriate reconsideration in light of that opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
-
Roberts v. State, 568 So. 2d 1255 (Fla. 1990)
-
Saffle v. Parks, 494 U.S. 484 (U.S. 1990)
-
Bertolotti v. Dugger, 883 F.2d 1503 (11th Cir. 1989)
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McLaughlin v. Richland Shoe Co., 486 U.S. 128 (U.S. 1988)
- Brock v. Richland Shoe Co., 799 F.2d 80 (3d Cir. 1986)
- Marshall v. Union Pac. Motor Freight Co., 650 F.2d 1085 (9th Cir. 1981)
- Equal Emp. Opportunity Comm'n v. First Citizens Bank OF Billings, 758 F.2d 397 (9th Cir. 1985)
- Brock v. Shirk, 833 F.2d 1326 (9th Cir. 1987)