· 5/16/2012
Herrera v. Churchill McGee, LLC
Citations
- 680 F.3d 539
- 2012 WL 1700381
- 2012 U.S. App. LEXIS 9818
- 114 Fair Empl. Prac. Cas. (BNA) 1636
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “‘federal courts must give the agency’s factfinding the same preclusive effect to which it would be entitled in the State’s courts”’
- noting that a party’s “failure to avail himself of the full procedures provided by state law does not constitute a sign of their inadequacy” (internal quotation marks and brackets omitted)
- noting that a party’s “failure to avail himself of the full procedures provided by state law does not constitute a sign of their inadequacy” (internal quotation marks and brackets omitted)
- noting circuit split over the preclusive effect of unreviewed state administrative decisions and collecting cases
- intermediate appellate decisions are authoritative in Erie cases only to the extent that they accurately reflect state law
- federal courts interpret state law by applying the law of the state’s highest court and according weight to intermediate state appellate decisions
Source: CourtListener parenthetical corpus (CC0).
Judges: Moore, Kethledge, Marbley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.