Legal Opinion · Concurring in the judgment

Scott Teutscher v. Riverside Sheriffs Assn

Court of Appeals for the Ninth Circuit

Decided August 26, 2016No. 13-56411, 13-56659Published

1Concurring in the judgmentM. Smith, Circuit Judge

I concur in the judgment of the majority opinion. However, I disagree with the majority’s Seventh Amendment analysis in Part IV of the opinion. I disagree that the district court “should have viewed itself as bound under the Seventh Amendment” because “Teutscher needed to make the same factual showing and to meet the same defenses” in order to obtain both future lost earnings and reinstatement. Maj. Op. at 947. Instead, I would hold that the district court’s equitable remedy was an improper abuse of discretion, because the district court did not give reasons why additional equitable relief…

2Cases cited6 opinions

  1. Pollard v. E. I. Du Pont De Nemours & Co.Supreme Court of the United States · 2001
  2. Williams v. Pharmacia, Inc.Court of Appeals for the Seventh Circuit · 1998
  3. Downey v. StrainCourt of Appeals for the Fifth Circuit · 2007
  4. Mary Juanita Sellers v. Delgado College and the State of LouisianaCourt of Appeals for the Fifth Circuit · 1986
  5. Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962

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