BOARD OF TRUSTEES GLAZING HEALTH v. CHAMBERS

No. 16-15588.

941 F.3d 1195 (2019)

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 November 7, 2019.


Attorney(s) appearing for the Case

Heidi P. Stern (argued), Solicitor General; Melissa L. Flatley , Deputy Attorneys General; Gregory L. Zunino , Bureau Chief; Joseph F. Tartakovsky , Deputy Solicitor General; Adam Paul Laxalt , Attorney General; Office of the Attorney General, Carson City, Nevada; for Defendant-Appellant.

Bryce C. Loveland (argued) and Adam P. Segal , Brownstein Hyatt Farber Schreck LLP, Las Vegas, Nevada; Daryl E. Martin and Wesley J. Smith , Christensen James & Martin, 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.

Before: Sidney R. Thomas, Chief Judge, and William A. Fletcher, Ronald M. Gould, Jay S. Bybee, Consuelo M. Callahan, Milan D. Smith, Jr., Sandra S. Ikuta, Morgan Christen, John B. Owens, Ryan D. Nelson, and Bridget S. Bade, Circuit Judges.


OPINION

We granted rehearing en banc in this case to examine and harmonize our precedent concerning the proper analytical framework to apply when determining whether the repeal, amendment, or expiration of legislation renders a lawsuit challenging the legislation moot. We conclude that such a legislative act creates...

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