Legal Opinion

McGinnis v. Kentucky Fried Chicken of California

Court of Appeals for the Ninth Circuit

Decided December 15, 1994No. 93-35667PublishedCited by 78 opinions

1Opinion of the Court

KLEINFELD, Circuit Judge:

This case involves two issues, the retroactive availability of punitive damages and attorneys’ fees. Both are questions of Washington law, but Washington state law applies federal law.

I. FACTS

Mr. McGinnis worked as a manager for Kentucky Fried Chicken. He developed cancer and required surgery. He returned to work shortly after his surgery, but required continuing treatment. For six weeks, he opened the restaurant each morning, drove thirty miles for his radiation treatment, then returned to the restaurant and worked until 11:00 at night. He developed depression for…

2Cases cited12 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  3. Farrar v. HobbySupreme Court of the United States · 1992
  4. Kerr v. Screen Extras Guild, Inc.Court of Appeals for the Ninth Circuit · 1975
  5. Kim Clay Oviatt, by and Through His Conservator, Sr. Maria Francis Waugh v. Fred Pearce, Sheriff Multnomah County, Kim Clay Oviatt, by and Through His Conservator, Sr. Maria Francis Waugh v. Fred Pearce, Sheriff Multnomah CountyCourt of Appeals for the Ninth Circuit · 1992

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3Cited by78 opinions

  1. Martin Gonzalez, Sr. v. City of MaywoodCourt of Appeals for the Ninth Circuit · 2013
  2. Juan Manuel Morales v. City of San Rafael and Daniel HulettCourt of Appeals for the Ninth Circuit · 1997
  3. Loretta J. Brokeshoulder SCHWARZ, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1995
  4. McCown v. City of FontanaCourt of Appeals for the Ninth Circuit · 2009
  5. Dailey v. North Coast Life Ins. Co.Washington Supreme Court · 1996

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