Some opinions -- even important ones -- don't take too much time to write. Today's opinion from the Ninth Circuit is a great example. When I first read the thing, I actually wondered why it took almost three weeks -- admittedly, an incredibly rapid disposition -- to write it. But, upon sober reflection, I'm starting to think that, in fact, Judge McKeown actually wrote (and published) the thing a little too quickly.
But I'd love to hear if others disagree.
The cases is about whether you can sue the employer if your spouse negligently gets COVID from work and subsequently gives it to you. The district court thought you couldn't, so dismissed the plaintiff's suit. The Ninth Circuit panel wasn't sure, so it certified the question to the California Supreme Court. On July 6, the California Supreme Court answered the certified question, holding -- unanimously -- that you can't sue.
So you can see why the subsequent Ninth Circuit opinion is fairly easy to write, no? Today, in a half dozen pages, Judge McKeown basically summarizes the California Supreme Court's opinion and holds that, yep, you can't sue, so affirms the district court. The Ninth Circuit opinion basically writes itself, which is why it doesn't take that much time (or space).
So great job by Judge McKeown's chambers getting the thing out so quickly. No need to let the thing linger.
Except for maybe one thing:
Is the California Supreme Court's decision even final yet?
I don't think so. The opinion was issued on July 6. The usual rule is that California Supreme Court decisions are final 30 days after filing, unless the opinion says otherwise (Rule 8.532(b)). The California Supreme Court's opinion nowhere said otherwise, so that means it's not final until a couple of weeks from now. And I'm pretty sure you're supposed to wait until the opinion you're relying on is final before you dismiss a lawsuit based on that other opinion, since, in the meantime, the other opinion could be amended, modified or even reversed.
Of course, you and I both know that there's no way in the universe the California Supreme Court's unanimous opinion on the certified question is materially changing either any time soon, or ever. But technically, I think that the Ninth Circuit probably should have kept this one in chambers for another two weeks before publishing the thing.
No biggie, though. Everyone knew what was going to happen anyway three weeks ago.
Just a formal set of rules about finality and such. Hypertechnical, of course, but rules.
