Case law

Agnes Suever v. Kathleen Connell

Court of Appeals for the Ninth Circuit · Aug 26, 2009

Thus, while the Eleventh Amendment is no bar to Plaintiffs’ claims for return of their escheated principal and the sales proceeds therefrom, state sovereign immunity clearly precludes Plaintiffs from successfully obtaining … Schweitzer, 523 F.3d 948, 956 (9th Cir. 2008) (holding that a claim for damages for the unconstitutional denial of just compensation under the Fifth Amendment cannot qualify as available pro- spective relief under Ex parte

Securities & Exchange Commission v. Arthur Young & Co.

590 F.2d 785 · Court of Appeals for the Ninth Circuit · Feb 1, 1979

The trial court’s findings, which are not clearly erroneous, establish beyond dispute that AY and its auditors conformed to this standard. … We cannot say such findings in this respect are clearly erroneous. III. Application of Standards.

In Re Consolidated United States Atmospheric Testing Litigation, Christina Konizeski v. Livermore Labs, Alice P. Broudy v. United States

820 F.2d 982 · Court of Appeals for the Ninth Circuit · Jun 22, 1987

This case is clearly distinguishable. The discretionary function exception was not raised nor discussed. … Although the probability of an epidemic was never established, the public was strongly urged to submit to immunization with little advice respecting its attendant hazards. R.

The Rattlesnake Coalition v. U.S. Environmental Protection Agency

Court of Appeals for the Ninth Circuit · Dec 7, 2007

. § 4321 et seq., the Coali- tion has to establish waiver of immunity under the Administrative Procedure Act (“APA”). See 5 U.S.C. §§ 702, 704. … The APA applies to waive sovereign immunity only after final agency action. 5 U.S.C. § 704.

United States v. Dennis Guy Clark

218 F.3d 1092 · Court of Appeals for the Ninth Circuit · Jul 17, 2000

In our precedents, we have made clear that several well-established rules of interpretation govern our consideration of the plea agreement in dispute. … Thus, it appears that the term “this investigation” clearly and unambiguously refers to the investigation of the postal robberies, and does not encompass the Salmon burglary.

In Re Grand Jury Proceedings. Alfredo Carlos Garcia-Rosell, Witness-Appellant v. United States

889 F.2d 220 · Court of Appeals for the Ninth Circuit · Nov 3, 1989

Schwimmer held that, so long as the government proves that its evidence at any subsequent retrial is derived from sources independent of the immunized testimony, the grant of use immunity to obtain testimony from a convicted … This suggestion is clearly dicta and does not control this case. Garcia-Rosell’s argument that the prosecutor who tried Garcia-Rosell should be prohibited from examining him before a current grand jury fails.

United States v. Sideman & Bancroft, LLP

704 F.3d 1197 · Court of Appeals for the Ninth Circuit · Jan 8, 2013

We now consider whether the district court clearly erred in determining that the foregone exception applies here. … The district court’s findings of existence and possession were not clearly erroneous. B.

Joseph H. Friedrich v. Intel Corporation Intel Corporation Long Term Disability Benefit Plan, Joseph H. Friedrich v. Intel Corporation Intel Corporation Long Term Disability Benefit Plan

181 F.3d 1105 · Court of Appeals for the Ninth Circuit · Jun 29, 1999

After eighteen (18) months of Disability, a Participant must be unable to perform the work of any occupation for which he or she is or becomes reasonably qualified for by training, education or experience. 5 LTD Plan 2.14 … A district court, when exercising de novo review of an ERISA benefits denial decision, may admit additional evidence when " 'circumstances clearly establish that additional evidence is necessary to conduct an adequate de

Renee Morgan, as Personal Representative of the Estate of Gary F. Morgan, Deceased v. The United States of America

709 F.2d 580 · Court of Appeals for the Ninth Circuit · Jun 30, 1983

The 1946 agreement establishes a very general obligation on the government to provide a safe recreational area. … In rebuttal, plaintiff submits the affidavit of a qualified electrician who investigated the accident.

United States v. Bailey

83 F. App'x 869 · Court of Appeals for the Ninth Circuit · Nov 24, 2003

Similarly, the refusal to compel a grant of immunity to Morgan was not error. … The district court did not err in refusing to compel a grant of use immunity. II.

Lussier v. Dollar Tree Stores

Court of Appeals for the Ninth Circuit · Mar 6, 2008

The court also pointed out that courts are familiar with determining whether conduct is objectively reasonable in contexts such as qualified immunity, and that Martin’s objectively reasonable standard balances competing interests … in much the same way as the doctrine of qualified immunity does.

United States v. Diego-Barrera

180 F. App'x 649 · Court of Appeals for the Ninth Circuit · May 9, 2006

He contends that the government failed to meet its burden of establishing that either of his 1991 convictions under California Health and Safety Code §§ 11351 and 11352 qualified as a “drug trafficking offense” for the purpose … We conclude that the documents and judicially noticeable facts presented to the district court do not satisfy the government’s burden of establishing “clearly and unequivocally” — not merely by a preponderance of the evidence

EFF v. Office of the Director of National Intelligence

Court of Appeals for the Ninth Circuit · Feb 9, 2010

Under Title VIII of the Act, section 802, “Procedures for Implementing Statutory Defenses,” established the immunity procedure. … Though this may be a closer question than the government describes, we assume without deciding that the documents at issue here qualify as “similar files.” See Nat’l Ass’n of Home Builders v.

De Witt Long v. Sugai

Court of Appeals for the Ninth Circuit · Feb 5, 2024

The district court also did not conduct a qualified immunity analysis. … If the court concludes, after conducting the Turner analysis, that the burden was not justified, our remand allows the court to conduct a qualified immunity analysis. 2.

Oregon Short Line Railroad v. Department of Revenue Oregon

139 F.3d 1259 · Court of Appeals for the Ninth Circuit · Mar 23, 1998

MHC, 66 F.3d at 1090-91 (clearly deciding a similar interest rate issue as a matter of law without expressly saying so). … While we will say a bit more about our reasoning, we essentially disposed of this claim when we held that: The State’s failure to raise an immunity defense before the district court, at a time where it was clearly foreclosed

Steve Meyers Keith Meyers v. Gregory Nagel, and City of Circle, Montana McCone County, Montana Mark Speer

962 F.2d 14 · Court of Appeals for the Ninth Circuit · Apr 30, 1992

In Mitchell, the Supreme Court clearly defined the appellate court's role when reviewing the appeal from the denial of qualified immunity. … Scherer, 468 U.S. 183, 190 (1984) ("Whether an official may prevail in his qualified immunity defense depends upon the objective reasonableness of [his] conduct as measured by reference to clearly established law.").

No. 79-4542

677 F.2d 1322 · Court of Appeals for the Ninth Circuit · May 26, 1982

from suit because of their qualified immunity. … Economou, 438 U.S. 478, 507 , 98 S.Ct. 2894, 2911 , 57 L.Ed.2d 895 (1978), the Supreme Court held that federal officials are generally entitled to at least the same "qualified immunity" it had previously accorded to state

Philip Galanti v. Ndoc

Court of Appeals for the Ninth Circuit · Apr 25, 2023

immunity shields the officer-defendants from liability, and NDOC is not a proper party. … He asserts that Defendants did 3 Relatedly, Defendants argue that the officer-defendants are entitled to qualified immunity because “Nevada law does not provide inmates with a clearly established liberty interest in parole

Alvarez v. City of Los Angeles

177 F. App'x 742 · Court of Appeals for the Ninth Circuit · Apr 26, 2006

False Arrest, False Imprisonment, Malicious Prosecution and State Tort Claims The Supreme Court has instructed that qualified immunity shields officers from § 1983 actions where a reasonable officer could conclude, even if … This issue should be resolved early in the litigation because it is an immunity from suit rather than a mere defense to liability. See id.

Smiddy v. Varney

665 F.2d 261 · Court of Appeals for the Ninth Circuit · Aug 7, 1981

Baker, 576 F.2d 245 (9th Cir. 1978), we stated that if “reasonable persons might reach different conclusions about the facts, the establishment of those facts is for the jury, and the existence of probable cause is likewise … Ray, 386 U.S. 547 , 87 S.Ct. 1213 , 18 L.Ed.2d 288 (1967), police officers have a qualified immunity under section 1983 such that they are shielded from liability if they reasonably believe in good faith that their actions