Case law

League to Save Lake Tahoe v. Tahoe Regional Planning Agency

507 F.2d 517 · Court of Appeals for the Ninth Circuit · Mar 17, 1975

That* case is not persuasive here because it involved a claim for inverse condemnation clearly arising under the Fifth Amendment. … Clearly both cases rejected the law of the Union doctrine, 79 U.S. at 455 , 20 L.Ed. 458 and 304 U.S. at 109 , 58 S.Ct. 803 , 82 L.Ed. 1202 .

Devas Multimedia Private Ltd. v. Antrix Corp. Ltd.

91 F.4th 1340 · Court of Appeals for the Ninth Circuit · Feb 6, 2024

Ltd., an Indian corporation, under the Foreign Sovereign Immunities Act, because plaintiff failed to establish that Antrix had the requisite minimum contacts for personal jurisdiction. … As a default, the FSIA establishes that foreign states are immune from the jurisdiction of federal courts. Id. § 1604. But Congress set aside sovereign immunity for claims that fall within certain specified exceptions.

Boone v. Redevelopment Agency

841 F.2d 886 · Court of Appeals for the Ninth Circuit · Mar 1, 1988

From this, they conclude that the city and agency cannot rely on the statute to immunize their actions. … The standard governing attacks on economic regulations brought under the equal protection clause is well established.

Howard v. Klicka

242 F. App'x 416 · Court of Appeals for the Ninth Circuit · Jun 12, 2007

A constitutional violation is the threshold step of the qualified immunity analysis. Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). … established in the LeMaire decisions.

Marcus T. Baumann v. Arizona Department of Corrections

754 F.2d 841 · Court of Appeals for the Ninth Circuit · Feb 28, 1985

Immunity In Harlow v. … The district court here found the state officials immune because there was no clearly established constitutional right to work release at the time Baumann’s was denied.

VALADEZ-LOPEZ v. Chertoff

656 F.3d 851 · Court of Appeals for the Ninth Circuit · Aug 26, 2011

The FTCA waives sovereign immunity only for claims alleging “the negligent or wrongful  VALADEZ-LOPEZ v. … caused or contrib- uted to his being deprived of his schizophrenia medication, nor does he state that any other defendants acted on behalf of a federal agency in an official capacity, see 28 U.S.C. § 2671, or that they qualified

Hydranautics v. Filmtec Corporation, Opinion

204 F.3d 880 · Court of Appeals for the Ninth Circuit · Feb 23, 2000

Since Hydra-nautics cannot establish one element of the offense of malicious prosecution, summary judgment is appropriate. … The issues of fraud and perjury which Hydranautics seeks to litigate in its malicious prosecution action are not clearly identical to the issues litigated in the infringement action. B.

Jennifer Donovan v. J. Phillips

685 F. App'x 611 · Court of Appeals for the Ninth Circuit · Mar 29, 2017

We review de novo both a grant of summary judgment and a grant of summary judgment on qualified immunity grounds. Blankenhorn v. City of Orange, 485 F.3d 463, 470 (9th Cir. 2007). … In analyzing qualified immunity, we employ a two-prong analysis; we determine whether the facts show the government actor’s “conduct violated a constitutional right,” and “whether the right was clearly established” at the

Big Sandy Rancheria Enters. v. Rob Bonta

1 F.4th 710 · Court of Appeals for the Ninth Circuit · Jun 16, 2021

California’s qualifying statute is the California Reserve Fund Statute (“Escrow Statute”), Cal. Health & Safety Code §§ 104555–104558. … “litigate such immunity” in federal court.

Mariann HOPKINS, Plaintiff-Appellee, v. DOW CORNING CORPORATION, Defendant-Appellant

33 F.3d 1116 · Court of Appeals for the Ninth Circuit · Aug 26, 1994

Lappe was not qualified to testify as an expert because he was not qualified to recount a causal connection between Hopkins’ implants and the disease from which she suffered. … Lappe testified that his opinion was based on his experience as a toxicologist, his review of medical records and Dow studies, and his general scientific knowledge of silicone’s ability to cause immune disorders as established

Feinstein v. Nettleship Co.

714 F.2d 928 · Court of Appeals for the Ninth Circuit · Sep 1, 1983

In Klamath-Lake, we held that the practice of shifting the risk of pharmacy costs, as well as medical costs, qualified as the business of insurance. Id. at 1287. … The state regulation requirement clearly is satisfied in this case. B.

In Re Town & Country Home Nursing Services, Inc.

963 F.2d 1146 · Court of Appeals for the Ninth Circuit · May 5, 1992

It is well established that when the federal government waives its immunity, the scope of the waiver is construed to achieve its remedial purpose. As the Supreme Court observed in Block v. … activity in which Congress clearly has made waiver of immunity a necessary condition of state participation.

People ex rel. California Department of Fish & Game v. Quechan Tribe of Indians

595 F.2d 1153 · Court of Appeals for the Ninth Circuit · Apr 27, 1979

SOVEREIGN IMMUNITY It is a well-established rule that Indian tribes are immune from suit. Santa Clara Pueblo v. Martinez, 436 U.S. 49, 58 , 98 S.Ct. 1670 , 56 L.Ed.2d 106 (1978); Puyallup Tribe v. … Additionally, it is well-established that the statute authorizing declaratory relief is not a waiver of sovereign immunity. See United States v. King, 395 U.S. 1 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969); 6A J.

John Cominotto v. United States

802 F.2d 1127 · Court of Appeals for the Ninth Circuit · Oct 17, 1986

Cominotto has failed to establish such a proximate connection. D. Proximate Cause The determination of proximate cause is an issue of fact. Leaf, 588 F.2d at 736 . … Factual findings of the district court are reviewed under a clearly erroneous standard. United States v. McConney, 728 F.2d 1195, 1202 (9th Cir.)

Students of California School for the Blind v. Bill Honig, in His Capacity as Superintendent of Public Instruction of the State of California

745 F.2d 582 · Court of Appeals for the Ninth Circuit · Oct 18, 1984

The panel’s construction, in my opinion, is erroneous and clearly unnecessary to the result the panel reached. … Louisiana, 134 U.S. 1 , 10 S.Ct. 504 , 33 L.Ed. 842 (1890), "established that an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another State.”

Daniel Miller v. Chad Wright

705 F.3d 919 · Court of Appeals for the Ninth Circuit · Nov 13, 2012

b) The Dispute Resolution Clause The Supreme Court has held that agreeing to an arbitration clause may establish a clear waiver of sovereign immunity. See C & L, 532 U.S. at 418-19. … In the same vein, the Eighth Circuit has held that the Resource Conservation and Recovery Act of 1976 “clearly indicates congressional intent to abrogate the Tribe’s sovereign immunity . . .” Blue Legs v. U.S.

Phonetele, Inc. v. American Telephone and Telegraph Company Western Electric Company, Incorporated Bell Telephone Laboratories, Incorporated, Dasa Corporation, Etc. v. General Telephone Company of California

664 F.2d 716 · Court of Appeals for the Ninth Circuit · Dec 3, 1981

From these two statutes the argument is that Congress clearly expressed its intent that A.T. & T. be subject to antitrust remedies, except in the limited situation of Section 221(a); and since Section 221(a) clearly has no … This would also put a clearly improper burden upon the manufacturers and users of other devices.

Charley's Taxi Radio Dispatch Corporation v. Sida Of Hawaii, Inc.

810 F.2d 869 · Court of Appeals for the Ninth Circuit · Feb 12, 1987

The requirement of specific authorization that we impose on cities to qualify for Parker immunity is not appropriate for the executive branch of the state government. … Our earlier conclusion that the DOT had Parker immunity to grant SIDA the exclusive contract establishes that the contract does not violate section 1 of the Sherman act.

Bratt v. County of Los Angeles

912 F.2d 1066 · Court of Appeals for the Ninth Circuit · Aug 27, 1990

Good Faith The statutory requirement of good faith and reasonable grounds establishes a *1072 test with both subjective and objective components. Brock v. … The district court’s finding that the County’s actions were taken in good faith, therefore, was not clearly erroneous. B.

United States v. Torf

357 F.3d 900 · Court of Appeals for the Ninth Circuit · Nov 26, 2003

The magistrate judge resolved the dispute in favor of Ponderosa, ruling that the government had “not shown or demonstrated substantial need, hardship or unavailability necessary to overcome the qualified immunity of work … The magistrate judge resolved the dispute in favor of Ponderosa, ruling that the government had “not shown or demonstrated substantial need, hardship or unavailability necessary to overcome the qualified immunity of work