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OCHOA v. PUBLIC CONSULTING GROUP, INC.

No. 19-35870.

48 F.4th 1102 (2022)

Cindy Ellen OCHOA, as an individual, Plaintiff-Appellant, v. PUBLIC CONSULTING GROUP, INC., a Massachusetts corporation; Public Partnerships LLC, incorporated in Delaware; Cheryl Strange, in her official capacity as Secretary of the Department of Social and Health Services; Jay Robert Inslee, in his official capacity as Governor of the State of Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2022.

Attorney(s) appearing for the Case

Sydney Phillips (argued) and Caleb Jon F. Vandenbos , Freedom Foundation, Olympia, Washington, for Plaintiff-Appellant.

Alicia Young (argued), Assistant Attorney General; Susan Sackett Danpullo , and Cheryl L. Wolfe , Senior Counsel, Labor and Personnel Division; Robert W. Ferguson , Attorney General; Office of the Attorney General, Olympia, Washington; for Defendants-Appellees Cheryl Strange and Jay Robert Inslee.

Scott A. Flage (argued) and Markus W. Louvier , Evans Craven & Lackie PS, Spokane, Washington, for Defendants-Appellees Public Consulting Group, Inc., and Public Partnerships LLC.

Scott A. Kronland , Altshuler Berzon LLP, San Francisco, California; Michael C. Subit , Frank Freed Subit & Thomas LLP, Seattle, Washington; for Amicus Curiae SEIU Local 775.

Before: RICHARD A. PAEZ and JACQUELINE H. NGUYEN, Circuit Judges, and JOHN R. TUNHEIM, District Judge.

OPINION

Cindy Ochoa is a resident of Washington who works as an individual provider ("IP") of in-home care for her disabled adult son. Under Washington law, IPs are considered public employees for the purpose of collective bargaining, and they are represented by Service Employees International Union 775 ("SEIU"). Ochoa...

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