Unpublished Disposition, 878 F.2d 388 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 878 F.2d 388 (9th Cir. 1989)

Vernon L. WILLIAMS, Plaintiff/Appellant,v.STATE INDUSTRIAL INS. SYSTEM; Laury M. Lewis, Individuallyand as Manager of the State Industrial InsuranceSystem, Defendants/Appellees.

No. 88-1689.

United States Court of Appeals, Ninth Circuit.

Submited*  May 26, 1989.Decided June 19, 1989.

Before PREGERSON, O'SCANNLAIN and TROTT, Circuit Judges.


Vernon L. William appeals the decision of the district court granting summary judgment against him in his suit against the Nevada State Industrial Insurance System (SIIS). In his complaint, Williams contended that the SIIS unfairly and in bad faith denied some 14 years ago his claim for worker's compensation. We affirm.

Williams' original claim against the SIIS was denied by the Nevada Supreme Court in 1975. Thus, his present claim is barred by res judicata. City of Reno v. Nevada First Thrift, 100 Nev. 483, 488, 686 P.2d 231, 234 (1983). In a suit arising under federal diversity jurisdiction, a federal court must give to a state court judgment the same effect as would be given that judgment under the law of the state from which the judgment emerged. Migra v. Warren City School Dist. Bd. of Ed., 465 U.S. 75, 81 (1984).

We find also that the district court was well within its discretion in finding that Williams' repeated litigation in different forms of his claim for worker's compensation should be penalized by paying SIIS' attorneys' fees. Beaudry Motor Co. v. Abko Properties, Inc., 780 F.2d 751, 756 (9th Cir.) cert. denied, 479 U.S. 825 (1986).



This case is suitable for submission without oral argument because the legal standard is established and the result is clear. See Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3