in brief: Ninth Circuit opinion in Sullivan, et al. v. Oracle Corporation is withdrawn

The Ninth Circuit issued an Order today in Sullivan, et al. v. Oracle Corporation, withdrawing its prior opinion. The Court said, "We have today issued an order requesting the California Supreme Court to answer three certified questions of California law presented in this case. We hereby withdraw our published opinion in this case, Sullivan v. Oracle Corp., 547 F.3d 1177 (9th Cir. 2008), pending a decision by the California Supreme Court on those questions. Appellants’ Petition for Rehearing and Appellees’ Petition for Rehearing En Banc are dismissed as moot." The Complex Litigator will have more on the certified questions in another post.