The 9th Circuit withdrew its opinion in Sullivan v. Oracle Corp. on Feb. 17, citing the decision's wide-ranging impact on employers and the unclear precedent behind it. Among several issues covered, its November 2008 panel decision applied California's labor code to out-of-state employees working temporarily in-state at California-based companies (see InsideCounsel's February Circuit story). California's labor laws are notoriously stringent, and the decision alarmed many labor attorneys.
"There's just total confusion," Paul Cane, who represented Oracle in the case, told InsideCounsel in February. Before being withdrawn, both parties had asked for an en banc rehearing of the case.