Case law

John L. Lewis v. United States

680 F.2d 1239 · Court of Appeals for the Ninth Circuit · Jun 24, 1982

The waiver of sovereign immunity contained in the Act would therefore appear to be inapposite to the Banks who have not historically claimed or received general immunity from judicial process. … The Reserve Banks, which further the nation’s fiscal policy, clearly perform an important governmental function.

United States v. Tucor International, Inc.

189 F.3d 834 · Court of Appeals for the Ninth Circuit · Sep 2, 1999

In that case, however, we also noted that section 7 provides antitrust immunity for filed and “foreign-foreign agreements.” Id. at 952 . … The government also attempts to establish the inapplicability of section 7(a)(4) by arguing that the legislative history of the Shipping Act supports its interpretation.

Terry R. Finnegan, Sr. v. David Matthews, Secretary of Health, Education and Welfare of the United States

641 F.2d 1340 · Court of Appeals for the Ninth Circuit · Apr 16, 1981

The new program established uniform standards of eligibility to be enforced by a single decision-making body. … FROM HERE TO ETERNITY: CONCLUSION The tools of statutory interpretation clearly indicate that the grandfather clause was designed to qualify automatically those included within its coverage for SSI benefits, and correlatively

Foremost International Tours, Inc. v. Qantas Airways Limited, Doe One Through Doe Ten, Inclusive

525 F.2d 281 · Court of Appeals for the Ninth Circuit · Jan 16, 1976

that Foremost was faced with being irreparably injured (its very existence was endangered — see, finding 18, C.T. 492), and that the actions taken by Qantas in its vertical-conglomerate expansion into the tour business established … The opinion of the court below indicates to us the District Court had ample evidence to support each of these findings. 5 We do not find the District Court’s granting of *288 the preliminary injunction to be clearly erroneous

Costco Wholesale Corp. v. Maleng

522 F.3d 874 · Court of Appeals for the Ninth Circuit · Apr 1, 2008

As “state regulatory programs [can] not violate [the Sherman Act],” we generally must determine whether a “state’s involvement in [a] price-setting program is sufficient to establish antitrust immunity.” … PacifiCorp, 238 F.3d 1189 , 1192 n. 8 (9th Cir.2001) (“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. Kwan Shun Yue

194 F.2d 225 · Court of Appeals for the Ninth Circuit · Jan 28, 1952

They also clearly show that Congressional enactments supersede treaty provisions inconsistent with them. See Moser v. United States, 1951, 341 U.S. 41 , 71 S.Ct. 553 , 95 L.Ed. 729 ; and Clark v. … (b) Only those entering as immigrants establish formal residence and gain eligibility to citizenship.

Alice Dela Cruz v. Tom Palacios

406 F. App'x 172 · Court of Appeals for the Ninth Circuit · Dec 16, 2010

“clearly established statutory or constitutional rights of which a reasonable person would have known.” … Having failed to establish a necessary element of her § 1983 case, Dela Cruz’s claim necessarily fails, and summary judgment for Palacios on qualified immunity grounds was proper.

United States v. William M. Heywood

469 F.2d 602 · Court of Appeals for the Ninth Circuit · Dec 29, 1972

If a 1-0 registrant does not appear for the examination, he is treated under the regulations as if he had been found qualified. … Hayden, 9 Cir., 445 F.2d 1365 decided April 9, 1971, which is clearly distinguishable.” It is significant that Judge Ely was a member of the panel in De La Parra.

England v. Industrial Commission of Utah

643 F.2d 1356 · Court of Appeals for the Ninth Circuit · May 1, 1981

As discussed above, the Utah State action would thwart the well established equal distribution purpose of the bankruptcy laws. … Clearly the State was merely a stakeholder and not the “real substantial party in interest”. In Kennedy v.

The Indien

71 F.2d 752 · Court of Appeals for the Ninth Circuit · Jun 15, 1934

In the case at bar there could be no question as to the liability of the vessel owner from the established facts of the case, but for the immunity afforded by that act. … A qualified naval architect, likewise called by the appellant, computed the maximum sheer over the entire after deck to be 6¼ inches, and, in a 40-foot section, ¾ inch.

Michael Fuqua v. Charles Ryan

Court of Appeals for the Ninth Circuit · Nov 1, 2024

With respect to Starns, the district court correctly granted summary judgment on the ground of qualified immunity. 4  Government officials are entitled to qualified immunity … The district court correctly concluded that the applicable law was not clearly established and that Starns was entitled to qualified immunity. 3.

Humberto Alvarez-Machain v. United States of America Hector Berellez Bill Waters Pete Gruden Jack Lawn Antonio Garate-Bustamante Francisco Sosa, and Five Unnamed Mexican Nationals Currently in the Federal Witness Protection Program, Humberto Alvarez-Machain v. Francisco Sosa, and Five Unnamed Mexican Nationals Currently in the Federal Witness Protection Program

266 F.3d 1045 · Court of Appeals for the Ninth Circuit · Sep 11, 2001

of the State Party concerned or by a law established pursuant thereto" and that "[n]o one shall be subject to arbitrary arrest or imprisonment." … The needs of the international system are too complex to dictate clearly the choice of either Mexican or federal common law.

Gary Willis v. Joseph Mullins

658 F. App'x 852 · Court of Appeals for the Ninth Circuit · Aug 1, 2016

Under Impink , a reasonable jury could conclude that Kathleen Moye’s consent was ineffective, and that defendants’ subsequent search of Willis’ briefcase violated clearly established Fourth Amendment law. … Willis does not preclude defendants from seeking qualified immunity in this case.

Satnam Singh-Kaur, AKA Hari Singh v. Immigration and Naturalization Service

183 F.3d 1147 · Court of Appeals for the Ninth Circuit · Jul 21, 1999

An alien bears the burden of establishing eligibility for asylum. See Mejia-Paiz v. INS, 111 F.3d 720 , 723 (9th Cir.1997). … Therefore, if an alien fails to establish eligibility for asylum, then the alien necessarily fails to establish eligibility for withholding of deportation. See id.

Intel Corp. & Consolidated Subsidiaries v. Commissioner

76 F.3d 976 · Court of Appeals for the Ninth Circuit · Oct 16, 1995

To qualify as a DISC, I.R.C. § 992(a)(1)(A) (1982) required that “95 percent or more of the gross receipts of such corporation consist of qualified export receipts.” … Section 994 provides rules for determining the taxable income of a DISC with respect to qualified sales and leases of export property and qualified services.

Franklin v. Thornton

983 F.2d 939 · Court of Appeals for the Ninth Circuit · Jan 11, 1993

As the district court conceded, the first and third requirements were clearly met here: Franklin's accrued benefit exceeded $3,500, and the distribution to Franklin was in the form of a lump sum rather than a qualified joint … In reaching this conclusion, the district court apparently failed to consider another critical portion of the Plans — Section 6.04 — which clearly contradicts the district court’s holding.

Leah Kando v. City of Long Beach

Court of Appeals for the Ninth Circuit · Apr 26, 2023

Magaña is not entitled to qualified immunity. … But you must get past qualified immunity first.

Eric Bidwell v. County of San Diego

Court of Appeals for the Ninth Circuit · Nov 8, 2023

The district court ruled that the individual defendants were entitled to qualified immunity on all claims because there was no clearly established law that put the officers on notice that their actions were unlawful, and … Qualified Immunity.

Lyon v. Gila River Indian Community

626 F.3d 1059 · Court of Appeals for the Ninth Circuit · Nov 24, 2010

Hodges in 1929—more than a decade after the land became surrounded by the Reservation—clearly specified that the purchaser received “all the rights, privileges, immunities and appurtenances of whatsoever nature.” … Accord Gemmill, 535 F.2d at 1147-49 (series of federal actions “clearly demonstrate[d]” title extinguished).

United States v. City of Spokane

918 F.2d 84 · Court of Appeals for the Ninth Circuit · Nov 27, 1990

operations, and that this immunity has not been waived by congressional enactment.” … a new principle of law, either by overruling clear past precedent on which litigants may have relied .... or by deciding an issue of first impression whose resolution was not clearly foreshadowed....