The National Conference Of Personal Managers are still taking California’s Talent Agencies Act personal, and they now want it declared unconstitutional. In a dense and wide-ranging brief filed this week (read it here) with the Ninth Circuit Court of Appeal, NCOPM wants its lawsuit against the state act resurrected and the portion of the California Labor Code itself blunted. This comes seven months after District Court Judge Dean Pregerson tossed the original NCOPM lawsuit, first filed in November 2012. It sought to overturn the state’s ban on managers “procuring” employment, with Nevada-based NCOPM claiming the ban has cost its members more than $500 million in compensation since it was first introduced in the late 1970s. “The District Court’s premature dismissal of the Complaint disregarded serious constitutional questions and the compelling public policy issues presented in this case”, says the new 64-page brief filed Tuesday. “NCOPM seeks a reversal of the District Court’s Order, based on this Court’s finding that the TAA is facially unconstitutional or in the alternative to remand this matter to the District Court with instructions to allow NCOPM the opportunity to amend its Complaint.” Like the previous suit, this week’s filing names Gov. Jerry Brown, state Attorney General Kamala Harris and Labor Commissioner Julie Su as defendants. NCOPM is represented by Stephen F. Rohde of LA firm Rohde Victoroff as well as Ryan Fowler, Christopher B. Good, and William Ferguson of Sherman Oaks firm Fowler & Good, LLP.
Deadline's Dominic Patten - tip him here.