Legal Opinion · Dissent

Suzanne J. Marcy v. Delta Airlines, a Georgia Corporation

Court of Appeals for the Ninth Circuit

Decided February 5, 1999No. 97-35464Published

1DissentGraber, Circuit Judge

I respectfully dissent, because the majority has departed from proper methods of statutory construction and has created an opportunity for forum-shopping in Montana wrongful termination cases.

First, the majority uses an improper method of statutory interpretation when it relies on a proposed legislative amendment that failed, Op. at 1283-84, as a means to interpret the law that survived unchanged. There are many reasons why a proposed amendment fails. Some legislators may believe that the amendment is unnecessary, because the statute already means the same thing; some may oppose the amendment…

2Cases cited8 opinions

  1. Meech v. Hillhaven West, Inc.Montana Supreme Court · 1989
  2. Buck v. Billings Montana Chevrolet, Inc.Montana Supreme Court · 1991
  3. Mysse v. MartensMontana Supreme Court · 1996
  4. Kestell v. Heritage Health Care Corp.Montana Supreme Court · 1993
  5. Cecil v. Cardinal Drilling Co.Montana Supreme Court · 1990

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