Case law

95 Cal. Daily Op. Serv. 7234, 95 Daily Journal D.A.R. 12,341 United States of America, Plaintiff-Appellee-Cross-Appellant v. Lynn Dudden, Defendant-Appellant-Cross-Appellee

65 F.3d 1461 · Court of Appeals for the Ninth Circuit · Sep 13, 1995

Findings on the issue of prejudice are reviewed under the clearly erroneous standard, keeping in mind the defendant's heavy burden. … The instruction also directed the jury to decide whether the government had established that Dudden's prosecution was based on evidence entirely independent from her immunized statements, citing Kastigar.

Sylvia Dominguez-Curry v. Nevada Transportation Department Roc Stacey

424 F.3d 1027 · Court of Appeals for the Ninth Circuit · Sep 14, 2005

Here, because Andrews was clearly the most qualified candidate, Stacey's alleged bias was not a "motivating factor." … Where the clearly best-qualified applicant is hired for a position, the existence of a discriminatory motive on the part of a decisionmaker does not in and of itself, even on summary judgment, establish that it played a motivating

Earp v. Cullen

623 F.3d 1065 · Court of Appeals for the Ninth Circuit · Oct 19, 2010

Monguio’s 2002 report clearly establishes that he had organic brain damage at the time of his trial in 1991, his 2 Earp argues that the district court abused its discretion when it struck Dr. Monguio’s testimony. … Monguio was qualified to testify as an expert and that the district court improperly excluded her testimony.

Lyudmyla Pyankovska v. Sean Abid

65 F.4th 1067 · Court of Appeals for the Ninth Circuit · Apr 18, 2023

Thus, the text of these provisions establish that Jones violated the Federal Act unless he is excused by some exculpatory doctrine. On appeal, Jones essentially makes three contentions. … See Embry, 29 F.4th at 540 (expressly foreclosing Noerr-Pennington immunity where “the statute clearly provides otherwise”) (quoting Sosa., 437 F.3d at 931).

United States v. James Earl Matthews

240 F.3d 806 · Court of Appeals for the Ninth Circuit · Feb 21, 2001

The Government conceded that this argument “clearly is improper.” … , certified records of conviction and other clearly reliable evidence.”).

Costco Wholesale Corp. v. Maleng

514 F.3d 915 · Court of Appeals for the Ninth Circuit · Jan 29, 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, *929 238 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

Conservation Force, Inc. v. Manning

301 F.3d 985 · Court of Appeals for the Ninth Circuit · Aug 20, 2002

The Statement explained that “10% was chosen to be consistent with other limits on buffalo and bighorn sheep already established” in Arizona. … “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” .

Friedrich v. Intel Corp.

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

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 … Friedrich collects Social Security, benefits based on a primary diagnosis of generalized anxiety disorder, chemical toxicity, immune dysregulalion, chronic fatigue syndrome and depression. .

Joel Alcox v. City of Lompoc

Court of Appeals for the Ninth Circuit · Feb 3, 2021

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. Pauly, 137 S. … was “clearly established” at the time of the alleged violation.

Victoria Ann Lidie v. State of California

478 F.2d 552 · Court of Appeals for the Ninth Circuit · Apr 10, 1973

But where the original plaintiffs were never qualified to represent the class, a motion to intervene represents a back-door attempt to begin the action anew, and need not be granted. Washington v. … It is clear that the state’s sovereign immunity, if it exists, can be waived.

20 Employee Benefits Cas. 1375, 96 Cal. Daily Op. Serv. 4487, 96 Daily Journal D.A.R. 7305, Pens. Plan Guide P 23921c Gloria Snow v. Standard Insurance Company

87 F.3d 327 · Court of Appeals for the Ninth Circuit · Jun 21, 1996

Snow claimed that she was disabled due to Chronic Fatigue Immune Dysfunction Syndrome (CFS), but her claim was denied. … De Remer, sent a letter to Standard in which she concluded that Snow was disabled from CFS and did qualify for long-term disability benefits.

Nathaniel Smith v. City of Stockton

Court of Appeals for the Ninth Circuit · Jun 26, 2020

They challenge the district court’s denial of qualified immunity. … We also reverse the denial of qualified immunity to Mayer for unleashing his dog to apprehend Smith. No clearly established law proscribed Mayer’s conduct under the circumstances.

Mirsad Hajro v. Uscis

Court of Appeals for the Ninth Circuit · Jan 19, 2016

USCIS 27 “improper” withholding.10 Strictly construing the waiver of immunity in favor of the sovereign, we find no waiver of sovereign immunity to enforce the terms of the Settlement Agreement … Second, if Mayock cannot establish standing for a pattern or practice claim against USCIS delays upon remand, who can?

Yakutat, Inc. v. Gutierrez

407 F.3d 1054 · Court of Appeals for the Ninth Circuit · May 18, 2005

. 50 C.F.R. § 679.4 (establishing the permit system in the BSAI for groundfish fishing). … Id. at 350 (citing Alaska Factory Trawler, 831 F.2d at 1460). 60 Yakutat argues that the FMP amendment qualified two boats that have clearly abandoned the fishing industry, while it excludes the F/V Blue North, thereby demonstrating

Arizona Libertarian Party v. Katie Hobbs

925 F.3d 1085 · Court of Appeals for the Ninth Circuit · May 31, 2019

The Libertarian, Democratic, and Republican Parties are established statewide. 1 Before 2016, to qualify for the primary ballot, an established party candidate needed to submit signatures 2 exceeding a certain percentage … his primary, while a write-in established party candidate only qualifies for the general election ballot if he wins his primary with votes equaling the number of signatures needed to qualify for the primary ballot.

Irma Jean Perez v. Wayne A. Simmons James Nalls Thomas Miller Mark Meske and City of Santa Barbara

859 F.2d 1411 · Court of Appeals for the Ninth Circuit · Oct 26, 1988

The jury was provided a special verdict form which segregated issues of qualified immunity from issues of whether Perez’s constitutional rights were violated. … The jury unanimously found that the police officers did not violate any of Perez’s constitutional rights; thus, they failed to reach any issues of qualified immunity.

Mirsad Hajro v. Uscis

Court of Appeals for the Ninth Circuit · Oct 23, 2015

“Congress clearly intended the FOIA to give any member of the public as much right to disclosure as one with a special interest in a particular document . . . .” U.S. Dep’t of Defense v. Fed. … Third, if Mayock cannot establish standing for a pattern or practice claim against USCIS delays upon remand, who can?

Bonnette v. California Health And Welfare Agency

704 F.2d 1465 · Court of Appeals for the Ninth Circuit · Jun 22, 1983

In order to qualify for the federal funds, the state had to comply with various federal requirements and regulations, and had to submit and receive approval of its plan for in-home services. See 45 C.F.R. … Eckerhart, --- U.S. ---, 103 S.Ct. 1933, 1941 , 75 L.Ed.2d --- (1983). 48 The district court properly considered the twelve factors established in Johnson v.

Manuel Olivas-Motta v. Matthew Whitaker

910 F.3d 1271 · Court of Appeals for the Ninth Circuit · Dec 19, 2018

It is true that the Supreme Court has stated that a new principle of law can be established by “deciding an issue whose resolution was not clearly foreshadowed.” Chevron Oil Co. v. Huson, 404 U.S. 97, 106 (1991). … The Supreme Court has said that a decision can establish a new rule “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

Metronet Services Corporation Metronet Telemanagement Corporation v. Us West Communications

329 F.3d 986 · Court of Appeals for the Ninth Circuit · May 21, 2003

Nina Cornell reported that resale customers had to pay nearly six times more for Centrex features than did medium-sized businesses (who presumably qualified for the per location volume discount). … If that view of implied immunity is correct, then Qwest has waived its implied immunity argument.