Case law

Koohi v. United States

976 F.2d 1328 · Court of Appeals for the Ninth Circuit · Oct 8, 1992

We therefore hold that the waiver of sovereign immunity established by the PVA, like that established by the FTCA, contains an exception for combatant activities during time of war. … Thus, under Johnson , those activities also qualify as "combatant activities.” .

Native Village of Noatak v. Hoffman

872 F.2d 1384 · Court of Appeals for the Ninth Circuit · Mar 30, 1989

It is therefore a tribe with a duly recognized governing body and qualifies for the benefits of § 1362. … Consequently, Circle Village, as well as Noatak, qualifies under § 1362.

Council of Insurance v. Molasky-Arman

Court of Appeals for the Ninth Circuit · Apr 9, 2008

Here, the plaintiffs bear the burden of establishing standing’s three constitutional requirements. Lujan, 504 U.S. at 561. … Sec- ond, they must establish “a causal connection between the injury and the conduct complained of.” Id.

Kaplan v. International Alliance of Theatrical & Stage Employees & Motion Picture Machine Operators

525 F.2d 1354 · Court of Appeals for the Ninth Circuit · Nov 5, 1975

Local 659’s agreement with the producers’ association establishes an Industry Experience Roster (the Roster). … finding of discrimination in part on these statistics was not clearly erroneous.

Michael Gorean Stewart v. United States of America, Charles Joseph Kastigar v. United States

440 F.2d 954 · Court of Appeals for the Ninth Circuit · May 17, 1971

showing that their evidence is not tainted by establishing that they had an independent, legitimate source for the dis *957 puted evidence.” 378 U.S. at 79 n. 18, 84 S.Ct. at 1609. … The statute now under question appears clearly within the protective limitations of the Fifth Amendment as construed by Murphy .

Burlington Northern Railroad Company v. The Blackfeet Tribe of the Blackfeet Indian Reservation Blackfeet Tribal Business Council Blackfeet Tax Administration Division Earl Old Person, Chairman Archie St. Goddard, Vice-Chairman Marvin Weatherwax, Secretary Eloise C. Cobell, Treasurer, Burlington Northern Railroad Company v. Fort Peck Tribal Executive Board Fort Peck Tribal Tax Commission Assiniboine & Sioux Tribes of the Fort Peck Indian Reservation Kenneth E. Ryan, Tribal Chairman Paula Brien, Tribal Secretary/accountant

924 F.2d 899 · Court of Appeals for the Ninth Circuit · Mar 18, 1991

They may not be sued absent express and unequivocal waiver of immunity by the tribe or abrogation of tribal immunity by Congress. Santa Clara Pueblo v. … The Supreme Court has held the latter act "clearly grants only an easement, and not a fee," Great N. Ry. Co. v.

E. B. Weiss v. R. C. Lehman and Wayne Larue

676 F.2d 1320 · Court of Appeals for the Ninth Circuit · May 12, 1982

Indeed, the case was tried to the jury on the issue of whether Lehman was entitled to qualified immunity. … on appeal, 2 are findings that the property *1324 had value and that Lehman’s actions were not entitled to qualified immunity.

John Strahan v. Richard Kirkland Washoe County

287 F.3d 821 · Court of Appeals for the Ninth Circuit · Apr 19, 2002

The district court did not reach the issue of Kirkland’s qualified immunity from suit, although the County raised this issue in its answer to the complaint and its motion for summary judgment. … We note, however, that Strahan’s right not to be disciplined for an association protected by the First Amendment was clearly established before the investigation began in 1996. See Mt.

Quillin v. Oregon

127 F.3d 1136 · Court of Appeals for the Ninth Circuit · Oct 21, 1997

The State’s failure to raise an immunity defense before the district court, at a time-where it was clearly foreclosed by Union Gas , is far from an express or implied waiver. … Given the lack of any other evidence establishing waiver, review by a federal court is foreclosed. Appellants also request this court to avoid the inherent unfairness of dismissal.

Snake River Valley Electric Association v. Pacificorp, (Including Utah Power and Light Company, a Division), and State of Idaho, Defendant-Intervenor

238 F.3d 1189 · Court of Appeals for the Ninth Circuit · Jan 29, 2001

. § 14 (1997). 4 In moving for summary judgment, PacifiCorp argues that Idaho law expressly permits such anticom- *1191 petitive conduct, thereby immunizing Paci-fiCorp from antitrust liability under the state action immunity … the rates or prices have been established as a product of deliberate state intervention, not simply by agreement among private parties”).

Darrell Patterson v. Dan McCarthy

581 F.2d 220 · Court of Appeals for the Ninth Circuit · Aug 28, 1978

Such questioning would be to establish motives for Daniels’ testimony. … This includes not only Daniels’ immunity from prosecution and his prior inconsistent statements, but his parole status as well. *222 The district court decision is clearly correct in light of Davis and is even stronger because

United States v. David J. Shaw

829 F.2d 714 · Court of Appeals for the Ninth Circuit · Oct 1, 1987

That reference clearly suggested to the jury that the detective knew whether the witness was telling the truth and would see that he did. … Shaw’s____ On the following day, immunity was approved and the trial judge entered an order granting Rose immunity and compelling her to testify. Rose nevertheless refused to testify.

Frost v. Symington

197 F.3d 348 · Court of Appeals for the Ninth Circuit · Nov 23, 1999

In response, the Defendants asserted a qualified immunity defense as to the withholding of the magazines. … On this record, there is no evidence that the ADOC officials violated Frost's clearly established rights by returning the CDs.

Siderman de Blake v. Republic of Argentina

965 F.2d 699 · Court of Appeals for the Ninth Circuit · May 22, 1992

Clearly, the FSIA does not specifically provide for an exception to sovereign immunity based on jus cogens. … However, the OPEC decision was rendered prior to the Supreme Court’s opinions in both Verlinden, which clearly establishes that the question of whether there is jurisdiction under the FSIA must be answered "[a]t the threshold

Edwin J. Blair v. Internal Revenue Service Department of the Treasury United States of America James Freitas Thomas Whatley

304 F.3d 861 · Court of Appeals for the Ninth Circuit · Sep 9, 2002

included a statement about medical expenses that does not qualify as a claim for a sum certain. … However, it is also “well established that when the federal government *868 waives its immunity, the scope of the waiver is construed to achieve its remedial purpose.”

United States v. Mark Irvine

756 F.2d 708 · Court of Appeals for the Ninth Circuit · Mar 27, 1985

Kur-zer, 534 F.2d 511, 518 (2d Cir.1976), but that ease is clearly inapplicable here. Kur-zer, an accountant, agreed to be interviewed by government agents regarding possible tax violations by Steinman. … The motion to sever was properly denied since Irvine failed to establish that the joint trial was “manifestly prejudicial”, to him. See United States v. Bronco, 597 F.2d 1300, 1302 (9th Cir.1979).

Dunn & Black Ps v. United States

Court of Appeals for the Ninth Circuit · Jul 10, 2007

or a credit with the IRS and that the claim be disallowed,” but, here, “Dunn & Black is clearly not the taxpayer.” … It is well established that the federal government cannot waive sovereign immunity by failing to raise it before the district court.7 Only Congress enjoys the power to waive the United States’ sovereign immunity.

Gilbert McClendon Bernadine F. McClendon Norman McDanel Connie R. McDanel v. United States of America Colorado River Indian Tribal Council

885 F.2d 627 · Court of Appeals for the Ninth Circuit · Sep 15, 1989

Initiation of a lawsuit necessarily establishes consent to the court’s adjudication of the merits of that particular controversy. … However, this second rationale clearly was independent of the first. Id. at 1014 . Thus, United States v.

United States v. Cappaert

508 F.2d 313 · Court of Appeals for the Ninth Circuit · Dec 4, 1974

The Cappaerts argue that Nevada has adopted the old common law doctrine, established in Acton v. … And in any event, when traditional concepts of res judi-cata do not work well, they should be relaxed or qualified to prevent injustice. 2 Davis, Administrative Law, § 18.03 (1958).”

Hill v. Blind Industries & Services of Maryland

179 F.3d 754 · Court of Appeals for the Ninth Circuit · Jun 4, 1999

Scanlon, 473 U.S. 234, 241 , 105 S.Ct. 3142 , 87 L.Ed.2d 171 (1985) (waiver of sovereign immunity confined to suit in own courts unless state clearly evidences intent to allow suits in federal court). … Finally, a waiver of Eleventh Amendment immunity has been found when the state’s conduct during the litigation clearly manifests acceptance of the federal court’s jurisdiction or is otherwise incompatible with an assertion