Ninth Circuit Rejects Damages Claims Against Union for Collecting Fair-Share Fees in Reliance on Supreme Court Precedent

On December 26, 2019, the United States Court of Appeals for the Ninth Circuit issued its decision in Danielson v. Inslee, 945 F.3d 1096 (9th Cir. 2019).  Affirming the decision below, Danielson held that public employee unions that received fair-share fees from nonmembers before the Supreme Court held such fees unconstitutional in Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018), have a good faith defense to claims for fee refunds or other monetary relief under 42 U.S.C. §1983.  Altshuler Berzon LLP represented the union defendant, Washington Federation of State Employees, AFSCME Council 28, in the district court and the Ninth Circuit.  Altshuler Berzon LLP also represents public employee unions in several dozen other lawsuits filed throughout the country that arise from the Supreme Court’s decision in Janus.

You can read the Ninth Circuit’s decision here.