Charles Smith v. Charter Communications, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHARLES DANIEL SMITH, No. 21-35149 Plaintiff-Appellant, D.C. No. v. 1:18-cv-00069-SPW-TJC

CHARTER ORDER CERTIFYING

COMMUNICATIONS, INC., QUESTION TO THE

Defendant-Appellee. SUPREME COURT OF

MONTANA

Filed January 18, 2022

Before: Susan P. Graber and Daniel P. Collins, Circuit Judges, and Jennifer Choe-Groves, * Judge.

Order

* The Honorable Jennifer Choe-Groves, Judge for the United States Court of International Trade, sitting by designation. SUMMARY **

Montana Law

The panel certified to the Supreme Court of Montana the following question:

Whether, in an action for wrongful discharge pursuant to Montana Code Annotated section 39-2-904, an employer may defend a termination solely for the reasons given in a discharge letter, as the court held in Galbreath v. Golden Sunlight Mines, Inc., 890 P.2d 382 (Mont. 1995), or whether the 1999 statutory amendments have superseded the Galbreath rule.

** This summary constitutes no part of the opinion of the court. It has been prepared by…