James E. Le Vick v. Skaggs Companies, Inc.

James E. LeVick (LeVick) brought this action against his former employer, Skaggs Companies, Inc. (Skaggs), alleging that he had been discharged by Skaggs in violation of 15 U.S.C. § 1674 (a), which prohibits an employer from discharging an employee because the employee’s earnings have been subjected to garnishment. LeVick asked for damages and attorney’s fees.

Skaggs moved for judgment on the pleadings, claiming that LeVick’s complaint failed to state a claim upon which relief could be granted because there was no express or implied civil remedy for a private litigant under 15 U.S.C. § 1674 (a). The district court denied Skaggs’ motion, but certified the issue for interlocutory appeal under 28 U.S.C. § 1292 (b). This court entered the required order permitting the § 1292(b) appeal to be taken.

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In Stewart v. Travelers Corp., 503 F.2d 108 (9th Cir.1974), our court held that an implied private right of action exists under 15 U.S.C. § 1674 (a). Skaggs argues that we should reconsider our holding in Stewart in light of subsequent Supreme Court decisions which have significantly changed the standards for determining whether a federal statute gives rise to a private cause of action,…