Legal Opinion

Hennighan v. Insphere Insurance Solutions

District Court, N.D. California

Decided April 21, 2014No. Case No. 13-cv-00638-WHOPublishedCited by 9 opinions

1Opinion of the Court

Re: Dkt. Nos. 59; 65

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

WILLIAM H. ORRICK, United States District Judge

INTRODUCTION

Determining whether an individual is an independent contractor or employee requires a fact-intensive analysis that is not often susceptible to resolution on summary judgment. Plaintiff Thomas Hennighan is an insurance sales agent who signed an independent contractor agreement with defendant Insphere Insurance Solutions, Inc., and each party has asked me to determine his classification as a matter of law. Hennighan was paid only commissions, had his own clients, kept his…

2Cases cited29 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Keenan v. AllanCourt of Appeals for the Ninth Circuit · 1996
  5. Kennedy v. Allied Mutual Insurance Co.Court of Appeals for the Ninth Circuit · 1991

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3Cited by9 opinions

  1. Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. De C.V.District Court, District of Columbia · 2014
  2. Bowerman v. Field Asset Services, Inc.District Court, N.D. California · 2017
  3. Lawson v. Grubhub, Inc.District Court, N.D. California · 2018
  4. Valadez v. CSX Intermodal Terminals, Inc.District Court, N.D. California · 2018
  5. (PS) Terry v. Register Tapes Unlimited, Inc.District Court, E.D. California · 2020

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