Legal Opinion

Miller v. Farmers Insurance Exchange

Court of Appeals for the Ninth Circuit

Decided October 26, 2006No. Nos. 05-35080, 05-35082, 05-35145, 05-35146, 05-35501, 05-35509PublishedCited by 1 opinion

1Opinion of the Court

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The Opinion filed October 26, 2006, slip op. 17921, and appearing at 466 F.3d 853 (9th Cir.2006), is amended as follows:

1. At slip op. 17934, footnote 4, second paragraph, lines 7 & 9, insert “under the FLSA” after “the claims adjusters in this case are exempt” and “under the statute” after “liquidated damages.”

2. At slip op. 17939, replace citation at the end of the paragraph labeled headnote [6] with “Cheatham v. Allstate Ins. Co., 465 F.3d 578, 586 (5th Cir.2006) (per curiam).”

3. At slip op. 17941, line 3, delete “(Emphasis added.)” at end of…

2Cases cited14 opinions

Auer v. RobbinsSupreme Court of the United States · 1997
Christensen v. Harris CountySupreme Court of the United States · 2000
Alvarez v. IBP, Inc.Court of Appeals for the Ninth Circuit · 2003
Rex L. Bothell v. Phase Metrics, Inc.Court of Appeals for the Ninth Circuit · 2002
Bell v. Farmers Insurance ExchangeCalifornia Court of Appeal · 2001

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3Cited by1 opinion

In Re Farmers Insurance Exchange, Claims Representatives' Overtime Pay Litigation, Dave Miller, on Behalf of Himself and the Class Members in Mdl Case No. 1439 v. Farmers Insurance Exchange, and Farmers Group, Inc. Plan Administrator of the Farmers Group, Inc. Profit Sharing Savings Plan Trust Plan Administrator of the Farmers Group, Inc. Employees' Pension Plan, in Re Farmers Insurance Exchange, Claims Representatives' Overtime Pay Litigation, Dave Miller, on Behalf of Himself and the Class Members in Mdl Case No. 1439 v. Farmers Insurance Exchange, and Farmers Group, Inc. Plan Administrator of the Farmers Group, Inc. Profit Sharing Savings Plan Trust Plan Administrator of the Farmers Group, Inc. Employees' Pension Plan, in Re Farmers Insurance Exchange, Claims Representatives' Overtime Pay Litigation, Jesse Corralez, on Behalf of Himself and the Class Members in Mdl Case No. 1439 v. Farmers Insurance Exchange, and Farmers Group, Inc. Plan Administrator of the Farmers Group, Inc. Profit Sharing Savings Plan Trust Plan Administrator of the Farmers Group, Inc. Employees' Pension Plan, in Re Farmers Insurance Exchange, Claims Representatives' Overtime Pay LitigationUnited States Court of Federal Claims · 2006