Doyle

Doyle v. City of Medford

Good Law
565 F.3d 536·2009 WL 1176310·106 Fair Empl. Prac. Cas. (BNA) 524·29 I.E.R. Cas. (BNA) 24·2009 U.S. App. LEXIS 9609
United States Court of Appeals for the Ninth CircuitMay 4, 200907-35753California3,816 words

Opinion

Opinion

ORDER CERTIFYING A QUESTION TO THE SUPREME COURT OF OREGON

ORDER

Plaintiffs, who are former employees of Defendant City of Medford, argue that the City’s policy of denying health insurance coverage to retirees violates Oregon Revised Statutes section 243.303, City Resolution No. 5715, and the Due Process Clause of the United States Constitution. Plaintiffs contend that section 243.303 and Resolution No. 5715 confer on them a vested property interest in health care benefits after retirement, of which the City deprived them without due process of law. Because the question whether the statute and Resolution confer on Plaintiffs a protected property interest raises an important and unresolved issue of Oregon law that will dispose of the only remaining federal claim on appeal, we respectfully certify a question to the Supreme Court of Oregon. We offer the following statement of relevant facts and explanation of the “nature of the controversy in which the question[] arose.” Or.Rev.Stat. § 28.210.

BACKGROUND

A. Factual and Procedural History

In 1981, the Oregon State Legislative Assembly enacted Oregon Revised Statutes section 243.303(2), which read, in pertinent part:

1981 Or.…

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