EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

v.

FEDERAL LABOR RELATIONS AUTHORITY ET AL.

Citator

Cited By (23 total)

• HAL Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542 (9th Cir. 1989)
  …we decide a claim that involves a novel question of state law, it is the rule in this circuit that we must try to predict how the highest state court would decide the issue. Molsbergen v. United States, 757 F. 2d 1016, 1020 (9th Cir.), cert. denied, 473 U.S. 934, 106 S.Ct. 30, 87 L.Ed.2d 706 (1985); see also Paul v. Watchtower Bible & Tract Society of New York, 819 F. 2d 875, 879 (9th Cir.) (“Federal courts are not precluded from affording relief simply because neither the State Supreme Court nor the state…
• Milgard Tempering, Inc. v. Selas Corp. OF Am., 902 F.2d 703 (9th Cir. 1990)
  …te’s supreme court would resolve it. In undertaking this task, we may draw upon recognized legal sources including statutes, treatises, restatements, and published opinions. Molsbergen v. United States, 757 F. 2d 1016, 1020 (9th Cir.), cert. denied, 473 U.S. 934, 106 S.Ct. 30, 87 L.Ed.2d 706 (1985). We may also look to “well-reasoned decisions from other jurisdictions.” Takahashi v. Loomis Armored Car Serv., 625 F. 2d 314, 316 (9th Cir.1980). We review the district court’s construction of Washington law de…
• Viviana McCALDEN v. Cal. Library Ass'n, 955 F.2d 1214 (9th Cir. 1990)
  …al pleading policy embodied in Rule 8(e)(2) ... a pleading should not be construed as an admission against another alternative or inconsistent pleading in the same case.” Molsbergen v. United States, 151 F. 2d 1016, 1019 (9th Cir.), cert. dismissed, 473 U.S. 934, 106 S.Ct. 30, 87 L.Ed.2d 706 (1985). Following Molsbergen and the clear mandate of Rule 8(e)(2) requires that we reverse the dismissal of appellant’s breach of contract claim, because the district court’s dismissal was based on an impermissibly str…