Hall

Hall v. Raytheon Missile Systems Co.

Good Law
18 F. App'x 669
United States Court of Appeals for the Ninth CircuitSeptember 20, 2001No. 00-16349; D.C. No. CV-00-00051-ACMCalifornia251 words

Opinion

Lead Opinion

*670 MEMORANDUM **

Gary A. Hall appeals pro se the district court’s order, under Fed.R.Civ.P. 12(b)(6), dismissing his claims under Arizona state law for wrongful termination and breach of his employment contract. Because the district court certified its interlocutory order pursuant to Fed.R.Civ.P. 54(b), we have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo dismissals based on the statute of limitations, Williamson v. Gen. Dynamics Corp., 208 F.3d 1144, 1149 (9th Cir.), cert. denied, 531 U.S. 929 , 121 S.Ct. 309 , 148 L.Ed.2d 247 (2000), as well as dismissals based on preemption, Niehaus v. Greyhound Lines, Inc., 173 F.3d 1207, 1211 (9th Cir.), cert. denied, 528 U.S. 986 , 120 S.Ct. 445 , 145 L.Ed.2d 362 (1999). We affirm.

Because Hall did not file the instant complaint until November 17, 1999, more than one year after he first knew of his injury, the district court properly dismissed his wrongful termination claim as time-barred. See Ariz.Rev.Stat. § 12-541 (1996); see also Arnold v. United States, 816 F.2d 1306, 1312-13 (9th Cir.1987). Dismissal of Hall’s state law breach of contract claim was proper because the claim was preempted by federal law. See 29…

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