BD. OF TRUSTEES GLAZING HEALTH v. CHAMBERS

No. 16-15588.

903 F.3d 829 (2018)

The BOARD OF TRUSTEES OF the GLAZING HEALTH AND WELFARE TRUST; Board of Trustees of the Southern Nevada Glaziers and Fabricators Pension Trust Fund; Board of Trustees of the Plumbers and Pipefitters Union Local 525 Pension Plan; The Board of Trustees of the Painters, Glaziers and Floorcoverers Joint Apprenticeship and Journeyman Training Trust; The Board of Trustees of the Painters, Glaziers and Floorcoverers Safety Training Trust Fund; The Board of Trustees of the Painters and Floorcoverers Joint Committee; The Board of Trustees of the Southern Nevada Painters and Decorators and Glaziers Labor-Management Cooperation Committee Trust; The Board of Trustees of the International Union of Painters and Allied Trades Industry Pension Fund; The Board of Trustees of the Employee Painters' Trust; The Board of Trustees of the Construction Industry and Laborers Health and Welfare Trust; The Board of Trustees of the Construction Industry and Laborers Joint Pension Trust; The Board of Trustees of the Construction Industry and Laborers Vacation Trust; The Board of Trustees of Southern Nevada Laborers Local 872 Training Trust; Board of Trustees of the Plumbers and Pipefitters Local 525 Health and Welfare Trust and Plan; Board of Trustees of the Plumbers and Pipefitters Union Local 525 Pension Plan; Board of Trustees of Plumbers and Pipefitters Local Union 525 Apprentice and Journeyman Training Trust for Southern Nevada, Plaintiffs-Appellees, v. Shannon CHAMBERS, Nevada Labor Commissioner, in her official capacity, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2018.


Attorney(s) appearing for the Case

Joseph F. Tartakovsky (argued), Deputy Solicitor General; Adam Paul Laxalt , Attorney General; Office of the Attorney General, Carson City, Nevada; for Defendant-Appellant.

Wesley J. Smith (argued) and Daryl E. Martin , Christensen James & Martin, Las Vegas, Nevada; Bryce C. Loveland and Adam P. Segal , Brownstein Hyatt Farber Schreck LLP, Las Vegas, Nevada; Sean W. McDonald and Michael A. Urban , The Urban Law Firm, Las Vegas, Nevada; for Plaintiffs-Appellees.

Sarah Bryan Fask , Littler Mendelson P.C., Philadelphia, Pennsylvania; Richard N. Hill , Littler Mendelson P.C., San Francisco, California; for Amicus Curiae Nevada Contractors Association.

Kevin C. Powers , Chief Litigation Counsel; Brenda J. Erdoes , Legislative Counsel; Nevada Legislative Counsel Bureau, Legal Division, Carson City, Nevada; for Amicus Curiae Nevada Legislature.

Laurie A. Traktman , Gilbert & Sackman, Los Angeles, California, for Amici Curiae Board of Trustees of the Sheet Metal Workers' Pension Plan of Southern California, Arizona and Nevada, and Board of Trustees of the Sheet Metal Workers' Health Plan of Southern California, Arizona and Nevada.

Dissent by Judge Wallace


OPINION

Nevada law holds general contractors vicariously liable for the labor debts owed by subcontractors to subcontractors' employees on construction projects. In recent years, the Nevada legislature became concerned that its vicarious liability law was unfairly...

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