Thursday, October 28, 2021

Harris v. County of Orange (9th Cir. - Oct. 28, 2021)

Want to see a case that took forever to get resolved?

Here you go.

The current lawsuit was filed in 2009 -- a dozen years ago -- and even that suit was a follow-on action to a lawsuit filed in 2007.  In essence, retired Orange County employees claim that they had a vested right to retirement contributions by the County.  The County won the original 2007 suit on summary judgment, the appeal went to the Ninth Circuit and, after oral argument, the panel certified the  underling state law issue to the California Supreme Court, which then answered the question.  During this process, the present suit was filed.

Thus began its own tortured procedural history.  In 2011, the district court granted the County judgment on the pleadings.  Another trip to the Ninth Circuit.  Which reversed in 2012.  Back in the district court, there were a couple of amended complaints filed, and more motions to dismiss, which the district court (again) grants.  Back to the Ninth Circuit again.  Another reversal.  Back to the district court.

Then, on remand, there's discovery, and finally a motion for summary judgment filed by the County.  Which the district court grants.  Yet another appeal to the Ninth Circuit.

Which affirms, albeit in a split opinion.

That ends the case.  At least for now.

Maybe they'll be an en banc call.  Maybe there will be a petition for certiorari.

But, most likely, after a dozen-plus years, the litigation is finally over.

All but the shouting, anyway.