Tuesday, September 04, 2012

Price v. Stevedoring Svcs (9th Cir. - Sept. 4, 2012)

The vote is 10-1 in this en banc case, an opinion that reads like a final exam in a Federal Courts class.  Chevron and/or Skidmore deference as applied to the litigation position of the Office of Workers' Compensation Programs.  Plus an involved policy discussion of simple versus compound interest.

I'd give the opinion an A.  Judge O'Scannlain -- who's the 1 -- would give it no more than a B.

Read the opinion, take a step back in time to your Federal Courts class, and see who's right.