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McGINNIS v. KENTUCKY FRIED CHICKEN OF CALIFORNIA

No. 93-35667.

42 F.3d 1273 (1994)

Patrick McGINNIS, Plaintiff-Appellee, v. KENTUCKY FRIED CHICKEN OF CALIFORNIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 15, 1994.

Attorney(s) appearing for the Case

Stanley Weiner, Jones, Day, Reavis & Pogue, Dallas, TX, and Steven T. Catlett, Jones, Day, Reavis & Pogue, Columbus, OH, for defendant-appellant.

Susan B. Mindenbergs and Jeffrey L. Needle; and Patricia S. Rose, Seattle, WA, for plaintiff-appellee.

Before: ALARCON, BEEZER and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

This case involves two issues, the retroactive availability of punitive damages and attorneys' fees. Both are questions of Washington law, but Washington state law applies federal law.

I. FACTS

Mr. McGinnis worked as a manager for Kentucky Fried Chicken. He developed cancer and required surgery. He returned to work shortly after his surgery, but required continuing treatment. For six weeks, he opened the restaurant...

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