Case law

Perfect 10, Inc. v. Ccbill LLC

Court of Appeals for the Ninth Circuit · Mar 28, 2007

Even if CCBill’s provision of a hyperlink is immune under § 512(n), CCBill does not receive blanket immunity for its other services. E. … “The majority of federal circuits have interpreted the CDA to establish broad ‘federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the ser

Trina Ray v. County of Los Angeles

935 F.3d 703 · Court of Appeals for the Ninth Circuit · Aug 22, 2019

Because Hess is not clearly irreconcilable with Mitchell, we reject the County’s argument. … The County argues that Hess established “indicators of immunity” that undermine the Mitchell test. We disagree.

Phoenix Trading, Inc. v. Loops LLC

732 F.3d 936 · Court of Appeals for the Ninth Circuit · Oct 4, 2013

If the moving party meets that burden, the responding party mush establish, by clear and convincing evidence, a likelihood of success on the merits. Id. … The statements were made in the context of a business dispute in which Loops clearly had a pecuniary interest in undoing the Amercare contract.

Solarcity Corp. v. Salt River Project Ai&p Dist.

Court of Appeals for the Ninth Circuit · Jun 12, 2017

But despite this similarity to qualified immunity cases, the Court reasoned that “[q]ualified immunity is not the law simply to save trouble for the Government and its employees.” Id. … It also held that state-action immunity is not an “‘entitlement’ of the same magnitude as qualified immunity or absolute immunity, but rather is more akin to a defense to the original claim.” Id.

Jossie Ramos v. Guillermo Garcia

669 F. App'x 486 · Court of Appeals for the Ninth Circuit · Oct 12, 2016

Further, whether governing law was “clearly established” for purposes of qualified immunity, and whether specific facts constitute a violation of established law, are appealable legal questions. See Plumhoff v. … (2) whether that right was clearly established at the time of the alleged violation.

Embassy of the Arab Republic of Egypt v. Lasheen

603 F.3d 1166 · Court of Appeals for the Ninth Circuit · May 10, 2010

LASHEEN 6851 Egyptian Defendants qualifies as a “foreign state” under the FSIA.2 Thus, application of the commercial activities excep- tion turns on whether the claims before us are “based upon a commercial … “The commercial activity relied upon . . . to establish jurisdiction must be the activity upon which the lawsuit is based. The focus must be solely upon those specific acts that form the basis of the suit.” Am. W.

Crain v. Government of Guam

195 F.2d 414 · Court of Appeals for the Ninth Circuit · Mar 21, 1952

The district court’s grounds for the dismissal are that Guam has sovereign immunity from such a suit against it which immunity it has not waived and that the suit is with respect to federal taxes and thus expressly barred … The Puerto Rico case puts great stress upon the fact that, though the Puerto Rican government was clearly subordinate to the sovereignty of the United States, its pattern of government with three separate branches of government

Diaz v. Brewer

656 F.3d 1008 · Court of Appeals for the Ninth Circuit · Sep 6, 2011

Ruben earns $100 too much per month to qualify for indigent health care. … It further argued that the governor was immune from suit. Plaintiffs opposed the motion and sought a preliminary injunction barring enforcement of the law.

United States of America Ex Rel. Norton Sound Health Corporation v. Bering Strait School District

138 F.3d 1281 · Court of Appeals for the Ninth Circuit · Mar 12, 1998

As a result, only an entity qualifying as “any State” enjoys the exemption from liability for reimbursement under the Act. The issue before us is whether the District qualifies as “any State.” III. … , as originally drafted, the exemption also included “political subdivisions” which enjoy no Eleventh Amendment immunity, see Hess v.

Californians For Renewable Energy v. Ca Puco

922 F.3d 929 · Court of Appeals for the Ninth Circuit · Apr 24, 2019

We have previously held that CPUC is immune from suit "as an arm of the state" based on the Supreme Court's determination in Will v. … CPUC Commissioners in their individual capacity have absolute immunity for "acting in a legislative capacity." Lake Country Estates, Inc. v.

Michael Anthony v. Steven Cambra, Jr., Warden

236 F.3d 568 · Court of Appeals for the Ninth Circuit · Dec 15, 2000

Standard of Review Under AEDPA, this court may reverse a state court’s decision denying a petitioner relief only if that decision is “contrary to, or involve[s] an unreasonable application of, clearly established Federal … established legal principle to a new context in a way that is objectively unreasonable.

Pit River Home and Agricultural Cooperative Association v. United States of America, Pit River Tribal Council, Cross-Claimant-Counterclaim-Defendants-Appellees v. Bruce Babbitt, Secretary of the Interior, United States of America, Cross-Claim-Defendants-Counterclaim v. Pit River Home and Agricultural Cooperative Association Erin Forrest, Cross-Claim-Defendants-Counterclaimants-Appellants v. Pit River Home and Agricultural Cooperative Association, Cross-Claim-Defendants-Appellants. Pit River Tribal Council, Cross-Claim-Defendant-Appellant v. Pit River Home and Agricultural Cooperative Association Erin Forrest, Cross-Claim-Defendants-Appellees

30 F.3d 1088 · Court of Appeals for the Ninth Circuit · Jul 21, 1994

Finally, the district court's 1985 decision was not clearly erroneous and would not have worked a manifest injustice. … Sovereign Immunity 43 Federally recognized Indian tribes enjoy sovereign immunity from suit.

Ferguson v. City of Phoenix

157 F.3d 668 · Court of Appeals for the Ninth Circuit · Oct 8, 1998

To determine if an individual is entitled to qualified immunity, we must determine (1) the specific right allegedly violated; (2) whether this right was so "clearly established" as to alert a reasonable officer to its constitutional … Therefore, we conclude that the right at issue was not clearly established, and as a result, Commander Rodabough was entitled to qualified immunity. 37 Because of the district court's careful consideration of all the evidence

The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran, as Successor in Interest to the Ministry of War of the Government of Iran v. Cubic Defense Systems, Inc., as Successor in Interest to Cubic International Sales Corporation v. Stephen M. Flatow, Plaintiff-Intervenor-Appellant, and Dariush Elahi, Plaintiff-Intervenor. The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran, as Successor in Interest to the Ministry of War of the Government of Iran v. Cubic Defense Systems, Inc., as Successor in Interest to Cubic International Sales Corporation v. Stephen M. Flatow, Plaintiff-Intervenor-Appellant, and Dariush Elahi, Plaintiff-Intervenor. The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran, as Successor in Interest to the Ministry of War of the Government of Iran v. Cubic Defense Systems, Inc., as Successor in Interest to Cubic International Sales Corporation v. Stephen M. Flatow, Plaintiff-Intervenor, and Dariush Elahi, Plaintiff-Intervenor-Appellee

385 F.3d 1206 · Court of Appeals for the Ninth Circuit · Oct 7, 2004

We have twice recognized that "a contract to purchase military supplies, although clearly undertaken for public use, is commercial in nature...." Joseph v. … Under 28 U.S.C. § 1603 (a), MOD also qualifies as a "foreign state" for purposes of the FSIA. 14 Prior to the FSIA, foreign states and their instrumentalities enjoyed virtually absolute immunity from having their property

Gupta v. Thai Airways International, Ltd.

Court of Appeals for the Ninth Circuit · May 30, 2007

Orders dealing with foreign sovereign immunity fell within this class of collateral orders, we reasoned, because like claims of absolute or qualified immunity of a public official, foreign sovereign immunity “is an immunity … , however, are clearly unrelated, separate defenses.

Snake River Valley Electric Ass'n v. PacifiCorp

228 F.3d 972 · Court of Appeals for the Ninth Circuit · Oct 3, 2000

the rates or prices have been established as a product of deliberate state intervention, not simply by agreement among private "parties”). … The Court has not clearly defined the relationship between federal antitrust preemption of state laws restricting competition and the state action immunity doctrine.

United States v. Young

86 F.3d 944 · Court of Appeals for the Ninth Circuit · Jun 25, 1996

As the district court itself recognized, this impeachment evidence was clearly relevant to the fact-finding process. II. … On appeal, we refused to reverse the district court’s finding of fact as clearly erroneous. Id.

Kaahumanu v. County of Maui

315 F.3d 1215 · Court of Appeals for the Ninth Circuit · Jan 14, 2003

“The burden of proof in establishing absolute immunity is on the individual asserting it.” Trevino v. Gates, 23 F.3d 1480, 1482 (9th Cir.1994). … We have no occasion to address whether the doctrine of qualified immunity applies in this case, nor do we opine on the merits of plaintiffs' claims.

Bryan v. Las Vegas Metropolitan Police Department

349 F. App'x 132 · Court of Appeals for the Ninth Circuit · Oct 7, 2009

However, the district court erred in granting summary judgment to Officer Rubio on qualified immunity grounds because a key fact is disputed. … Lindsay, 102 F.3d 282, 288 (7th Cir.1996), where the Seventh Circuit held the officers were not entitled to qualified immunity under the plaintiffs version of events.

Smith v. Almada

623 F.3d 1078 · Court of Appeals for the Ninth Circuit · Oct 19, 2010

On the false arrest claim, the district court held that Sergeant Almada was entitled to qualified immunity because a competent officer could reasonably have determined that probable cause existed to arrest Smith for arson … A Smith’s first claim — which the district court dismissed on qualified immunity grounds — is that Sergeant Almada violated his Fourth Amendment rights by arresting him without probable cause.