Chamber of Commerce of U.S. v. Lockyer

• Decision Date: 13 May 2005
• Docket Number: No. 03-55166.,No. 03-55169.,03-55166.,03-55169.
• Citation: 408 F.3d 590
• Parties: CHAMBER OF COMMERCE OF THE UNITED STATES; California Chamber of Commerce; Employers Group; California Healthcare Association; California Manufacturers and Technology Assn.; California Association of Health Facilities; California Association of Home & Services for the Aging; Bettec Corporation; Marksherm Corporation; Zilaco Inc., Zilaco; Del Rio Healthcare, Inc.; Beverly Health & Rehabilitation Services, Inc. dba Beverly Manor Costa Mesa; Internext Group, Plaintiffs-Appellees, American Federation of Labor and Congress of Industrial Organizations, Plaintiff-Appellant, AFL-CIO & Wholesale Delivery Drivers; California Labor Federation, AFL-CIO, Intervenors-Appellants, v. Bill LOCKYER, Attorney General, in his capacity as Attorney General of the State of California; Department of Health Services; Frank G. Vanacore, as the Chief of the Audit Review and Analysis Section of the California Department of Health Services; Diana M. Bonta, Diana M. Bonta, R.N., Dr., P.h.D, as the Director of the California Department of Health Services, Defendants. Chamber of Commerce of the United States; California Chamber of Commerce; Employers Group; California Healthcare Association; California Manufacturers and Technology Assn.; California Association of Health Facilities; California Association of Home & Services for the Aging; Bettec Corporation; Marksherm Corporation; Zilaco Inc., Zilaco; Del Rio Healthcare, Inc.; Beverly Health & Rehabilitation Services, Inc. dba Beverly Manor Costa Mesa; Internext Group, Plaintiffs-Appellees, and AFL-CIO & Wholesale Delivery Drivers; California Labor Federation, AFL-CIO, Intervenors, v. Bill Lockyer, Attorney General, in his capacity as Attorney General of the State of California; Department of Health Services; Frank G. Vanacore, as the Chief of the Audit Review and Analysis Section of the California Department of Health Services; Diana M. Bonta, Diana M. Bonta, R.N., Dr., P.h.D, as the Director of the California Department of Health Services, Defendants-Appellants.
• Court: U.S. Court of Appeals — Ninth Circuit

408 F.3d 590

CHAMBER OF COMMERCE OF THE UNITED STATES; California Chamber of Commerce; Employers Group; California Healthcare Association;

California Manufacturers and Technology Assn.; California Association of Health Facilities; California Association of Home & Services for the Aging; Bettec Corporation; Marksherm Corporation; Zilaco Inc., Zilaco; Del Rio Healthcare, Inc.; Beverly Health & Rehabilitation Services, Inc. dba Beverly Manor Costa Mesa; Internext Group, Plaintiffs-Appellees, American Federation of Labor and Congress of Industrial Organizations, Plaintiff-Appellant, AFL-CIO & Wholesale Delivery Drivers; California Labor Federation, AFL-CIO, Intervenors-Appellants, v. Bill LOCKYER, Attorney General, in his capacity as Attorney General of the State of California; Department of Health Services; Frank G. Vanacore, as the Chief of the Audit Review and Analysis Section of the California Department of Health Services; Diana M. Bonta, Diana M. Bonta, R.N., Dr., P.h.D, as the Director of the California Department of Health Services, Defendants.

Chamber of Commerce of the United States; California Chamber of Commerce; Employers Group; California Healthcare Association; California Manufacturers and Technology Assn.; California Association of Health Facilities; California Association of Home & Services for the Aging; Bettec Corporation; Marksherm Corporation; Zilaco Inc., Zilaco; Del Rio Healthcare, Inc.; Beverly Health & Rehabilitation Services, Inc. dba Beverly Manor Costa Mesa; Internext Group, Plaintiffs-Appellees, and AFL-CIO & Wholesale Delivery Drivers; California Labor Federation, AFL-CIO, Intervenors, v. Bill Lockyer, Attorney General, in his capacity as Attorney General of the State of California; Department of Health Services; Frank G. Vanacore, as the Chief of the Audit Review and Analysis Section of the California Department of Health Services; Diana M. Bonta, Diana M. Bonta, R.N., Dr., P.h.D, as the Director of the California Department of Health Services, Defendants-Appellants.

No. 03-55166.

No. 03-55169.

United States Court of Appeals, Ninth Circuit.

Filed May 13, 2005.

Stephen A. Bokat, Washington, DC, Bradley W. Kampas, Scott W. Oborne, Jackson Lewis LLP, Mark A. Johnson, Mark E. Reagan, Hooper, Lundy & Bookman, Inc., San Francisco, CA, Plaintiffs-Appellees.

Scott A. Kronland, Altshuler Berzon Nussbaum Rubin & Demain, San Francisco, CA, for Plaintiff-Appellant.

Scott A. Kronland, Altshuler Berzon Nussbaum Rubin & Demain, San...