Case law

George L. Barry v. Otis R. Bowen

825 F.2d 1324 · Court of Appeals for the Ninth Circuit · Aug 19, 1987

The plaintiff has continually claimed with regard to the substantial justification issue that the government defended a clearly unmeritorious case. … An award of bad faith must be based on specific findings that are not clearly erroneous or on sufficient evidence appearing in the record. See Toombs v.

United States v. Barry Bonds

784 F.3d 582 · Court of Appeals for the Ninth Circuit · Apr 22, 2015

Prior to his grand jury testimony, Bonds was granted immunity from prosecution if he complied with the immunity order. Special Agent Novitsky read the immunity order to the jury. … Jeter, 775 F.2d 670, 679 (6th Cir.1985) (concluding that 18 U.S.C. § 1503 was not vague or overbroad because “[t]he reach of the statute is clearly limited to such constitutionally unprotected and purportedly illicit activity

Pintos v. PACIFIC CREDITORS ASS'N

605 F.3d 665 · Court of Appeals for the Ninth Circuit · May 21, 2010

That may have been because Hasbun did not separately discuss that requirement, but our court has discussed it in other cases and it is clearly set out in the statute. … If a debt has been judicially established, there is a “credit transaction involving the consumer” no matter how it arose. The obligation is established as a matter of law, and the statute is satisfied.

Daniel Miller v. Chad Wright

Court of Appeals for the Ninth Circuit · Jan 14, 2013

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. 10 MILLER V . … 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.

Allen v. Scribner

812 F.2d 426 · Court of Appeals for the Ninth Circuit · Sep 29, 1987

Were Scribner and the federal defendants entitled to summary judgment on the ground of qualified immunity? 12 IV. … established constitutional rights."

Oscar W. Jones v. Lou Blanas County of Sacramento

393 F.3d 918 · Court of Appeals for the Ninth Circuit · Dec 27, 2004

Though the court denied Eleventh Amendment immunity to Blanas and determined that the County could be subject to liability for Blanas’s actions under Monell v. … In their briefs, the parties debate the questions whether Blanas may be held liable on a supervisory theory of liability, whether Blanas is entitled to qualified immunity in his personal capacity, and whether the county should

Ets-Hokin v. Skyy Spirits, Inc.

225 F.3d 1068 · Court of Appeals for the Ninth Circuit · Aug 18, 2000

Having found that “the Skyy bottle is clearly a preexisting work,” the court further held that the bottle’s “trade dress (the blue bottle, the gold label, etc.) and copyrighted material (the label and all non-utilitarian … Judge Leon Yankwich has called such [scenes] "scenes á faire” — i.e., "scenes which 'must' be done.” that language is often invoked to immunize from liability similarity of incidents or plot that necessarily follows from

Mitchell v. Office of Los Angeles County Superintendent of Schools

805 F.2d 844 · Court of Appeals for the Ninth Circuit · Dec 2, 1986

Mitchell, the person who successfully applied was better qualified than the plaintiff. … This is clearly not the type of case that justifies the award of attorney's fees to the defendants. Cf. Wood v.

Trustees of the Screen Actors v. Nyca, Inc., a California Corporation

Court of Appeals for the Ninth Circuit · Jul 15, 2009

Our own court also has not been immune from this confusion. We have sometimes implied, though never expressly held, that § 1145 is a jurisdictional provision. See Crotty v. … The ques- tion whether Couples’ “gross compensation” includes sums paid by TaylorMade is not clearly answered.

United States v. James Earl Matthews

374 F.3d 872 · Court of Appeals for the Ninth Circuit · Jul 7, 2004

If the statute is too broad to qualify categorically, but “documentation or judicially noticeable facts ... clearly establish that the conviction is a predicate conviction for enhancement purposes,” then the prior conviction … may qualify under a modified categorical approach established by the Supreme Court in Taylor.

E.M. Ex Rel. E.M. v. Pajaro Valley Unified School District Office of Administrative Hearings

758 F.3d 1162 · Court of Appeals for the Ninth Circuit · Jul 15, 2014

Through this lengthy litigation it has been established that E.M. has an auditory processing disorder or a central auditory processing disorder. … Paragraph 21 alleges that based on the assessments and observations of E.M., he “clearly met the criteria of a learning disability.” Paragraph 22 reiterates that E.M.

Joseph Rollin v. Christine Cook

466 F. App'x 665 · Court of Appeals for the Ninth Circuit · Jan 23, 2012

We review a grant of summary judgment based on qualified immunity de novo. See Stoot v. City of Everett, 582 F.3d 910, 918 (9th Cir. 2009). … Summary Judgment 3  With respect to Count I, we agree with the district court that Cook’s conduct “[did] not violate clearly established statutory or constitutional rights

State of California v. Campbell

138 F.3d 772 · Court of Appeals for the Ninth Circuit · Mar 9, 1998

Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2817-18 , 86 L.Ed.2d 411 (1985), which held that an order denying qualified immunity is immediately appealable. … immunity motions."

United States v. William George Howard

894 F.2d 1085 · Court of Appeals for the Ninth Circuit · Jan 25, 1990

The court also stated that Howard did not qualify as a minor participant merely because he had discussed withdrawing from the conspiracy. The facts support the court’s conclusion. … Section 994 then particularly describes the way in which the Commission is to establish the scope of each range.

Robert Fadem Mary O. Fadem v. United States

52 F.3d 202 · Court of Appeals for the Ninth Circuit · Apr 3, 1995

However, the history of the property’s use by the Fadems and by the Bureau of Land Management (BLM), which manages the United States’ property, does not clearly support the Fadems’ allegation. … Id. at 841 , 106 S.Ct. at 2229 . “ ‘[A] statute of limitations ... constitutes a condition on the waiver of sover *206 eign immunity,’ ” and thus, defines jurisdiction. Id.

Dat Luong v. Napa State Hospital

Court of Appeals for the Ninth Circuit · Dec 22, 2020

Qualified immunity protects government officials from civil liability for damages unless plaintiffs can show that the officials violated a right that was “clearly established” under federal law. Mitchell v. … The district court’s order denying qualified immunity is REVERSED and the matter REMANDED with instructions to grant Defendants-Appellants’ motion for summary judgment on qualified immunity grounds.

Children's Hospital and Health Center, a Washington Corporation v. S. Kimberly Belshe, Director, California Department of Health Services

188 F.3d 1090 · Court of Appeals for the Ninth Circuit · Aug 16, 1999

Mootness and Eleventh Amendment Immunity Belshe contends this appeal should be dismissed and the district court’s orders vacated because the repeal of the Boren Amendment renders any prospective relief moot. … hospital (in-state or out-of- *1097 state) qualifies for DSH payments.

United States v. Lloyd K. Graham

581 F.2d 789 · Court of Appeals for the Ninth Circuit · Sep 11, 1978

He now claims that since his corrupt purpose was not the only reason for his trip, he should be immune from prosecution under the Travel Act. … His behavior may have violated local law, but it clearly violated federal law.

Best Life Assurance Company of California v. Commissioner of Internal Revenue

281 F.3d 828 · Court of Appeals for the Ninth Circuit · Feb 11, 2002

Co., 385 F.2d 1 (9th Cir.1967), since that decision did not “clearly establish a position on the meaning of the term ‘unpaid losses’ under current section 816 that signals to us an inevitable reversal upon appeal.” … If “accrued unpaid losses are included in ‘total reserves’ ... some insurance companies that qualified as life insurers under the old statute would no longer qualify as life insurers under the new statute.” Id.

Arulampalam v. Ashcroft

Court of Appeals for the Ninth Circuit · Feb 28, 2005

GONZALES 2347 Arulampalam submits that because his motion was mailed on August 4, 2004, it qualifies as having been “submit[ted]” for the purposes of 28 U.S.C. § 2412(d)(1)(B). … We have held that “the thirty day limitation period under the EAJA for submitting fee applications . . . should be narrowly construed,” as it is a waiver of sovereign immunity.