Legal Opinion · Dissent

Campbell v. Apfel

Court of Appeals for the Ninth Circuit

Decided May 25, 1999No. 96-35285Published

1DissentAldisert, Circuit Judge

The majority and I view this case through different lenses. In this Social Security entitlement case in which the deceased putative father had been domiciled in California and the child claimant is from Oregon, I believe that the provisions of 42 U.S.C. § 416(h)(2)(A) require the Commissioner and a reviewing court to make a choice of law analysis to determine whether the laws of California or Oregon govern the grant of Child’s Insurance Benefits under Title 11 of the Social Security Act, 42 U.S.C. § 402(d). Applying this analysis I would hold that the law of Oregon, and not California, should…

2Cases cited16 opinions

  1. Richards v. United StatesSupreme Court of the United States · 1962
  2. Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984
  3. Mastro Plastics Corp. v. National Labor Relations BoardSupreme Court of the United States · 1956
  4. Hurtado v. Superior CourtCalifornia Supreme Court · 1974
  5. Bernhard v. Harrah's ClubCalifornia Supreme Court · 1976

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