Veliz

Veliz v. Cintas Corp.

Good Law
181 F. App'x 621
United States Court of Appeals for the Ninth CircuitMay 3, 2006No. 04-16843California764 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiffs, “Service Sales Representatives,” appeal the district court’s dismissal of their Tenth Claim for Relief for alleged violations of the Michigan Minimum Wage Law (“MMWL”) asserted against their employer, defendant Cintas Corporation. We have jurisdiction under 28 U.S.C. § 1291 because the district court entered a final judgment dismissing the Tenth Claim for Relief pursuant to Federal Rule of Civil Procedure 54(b). We affirm the district court’s dismissal of the claim.

We review de novo the district court’s dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). See Decker v. Advantage Fund, Ltd., 362 F.3d 593, 595-96 (9th Cir.2004). The district court’s interpretation of state law is also reviewed de novo. Matter of McLinn, 739 F.2d 1395, 1397 (9th Cir.1984) (en banc).

“When interpreting state law, federal courts are bound by decisions of the state’s highest court.” Nelson v. City of Irvine, 143 F.3d 1196, 1206 (9th Cir.1998). “In the absence of such a decision, a federal court must predict how the highest state court would decide the issue using intermediate appellate court decisions, decisions from other jurisdictions,…

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