Case law

Heishman v. Ayers

621 F.3d 1030 · Court of Appeals for the Ninth Circuit · Sep 8, 2010

Both testified that they had been involved in Heishman’s plan to kill Lugassy, and both testified only after receiving complete immunity. … Berg is clearly erroneous. Having so held, we necessarily must reject Heishman’s prejudice argument.

Lindy Pen Company, Inc., and Blackfeet Plastics, Inc. v. Bic Pen Corporation

725 F.2d 1240 · Court of Appeals for the Ninth Circuit · Feb 16, 1984

None of these findings is clearly erroneous. … Lindy challenges both of these findings as clearly erroneous.

Sanchez v. Johnson

416 F.3d 1051 · Court of Appeals for the Ninth Circuit · Aug 2, 2005

Section 1983 provides a remedy only for the deprivation of "rights, privileges, or immunities secured by the Constitution and laws" of the United States. … In those cases we concluded that the statutes at issue created rights enforceable under § 1983, but the statutes did not `clearly and unambiguously,'... intend enforceability under § 1983. ") 4 The Medicaid Act was promulgated

Sandra Jean Smith v. United States

932 F.2d 791 · Court of Appeals for the Ninth Circuit · May 1, 1991

As the Supreme Court has recently reaffirmed, congressional legislation is presumed to apply only within the territorial jurisdiction of the United States, unless the legislation clearly expresses a contrary intent on the … We do not believe that such a negative implication can suffice to establish clear congressional intent to have the FTCA apply to torts in Antarctica.

Ralph L. Williams and Mary Jane Williams, His Wife v. Slade Gorton and Sally Gorton, His Wife, Etc.

529 F.2d 668 · Court of Appeals for the Ninth Circuit · Jan 19, 1976

, privileges, and immunities secured by the Constitution of the United States. … It detailed how the statements were published and how they clearly referred to Williams. It also alleged the basis for diversity jurisdiction.

Quick v. Freeman Decorating Co.

55 F. App'x 450 · Court of Appeals for the Ninth Circuit · Jan 21, 2003

It is well established that the NIIA provides that workers’ compensation constitutes an employee’s exclusive remedy for an industrial injury against both the employer and his or her fellow employees. … Notwithstanding these broader concerns, Freeman clearly constituted a co-employee of Quick under Nevada’s statutory scheme.

Anthony Rios v. Silvia Garcia, Warden

390 F.3d 1082 · Court of Appeals for the Ninth Circuit · Nov 15, 2004

established federal law. … CONCLUSION The California Superior Court’s affir-mance of Rios’s sentence was not contrary to or an unreasonable application of clearly established federal law.

Joseph A. Russ, James Whipple, and the Covelo Indian Community of the Round Valley Indian Reservation, in Intervention and v. Richard E. Wilkins, And

624 F.2d 914 · Court of Appeals for the Ninth Circuit · Aug 1, 1980

However, when read in light of the legislative history of the Act and the surrounding circumstances, the wording of the 1890 Act clearly shows that the intent of Congress was to establish a smaller manageable reservation … There would be no need to use the qualifying phrase “at present existing” if the reservation were to retain its then current boundaries.

Thompson v. Mahre

959 F.2d 241 · Court of Appeals for the Ninth Circuit · Apr 2, 1992

Steen is entitled to qualified immunity if his decision to dispense with knock-notice was "objectively legally reasonable" in light of clearly established law. Anderson v. … The result of our affirmance on this interlocutory appeal of the district court's denial of a summary judgment motion based upon qualified immunity issue is to return the qualified immunity issue to the district court for

Rudy Harris v. Frank P. Alvarado

402 F. App'x 180 · Court of Appeals for the Ninth Circuit · Oct 28, 2010

Even if we assume that Plaintiff can establish that Defendant fired him to accomplish "ethnic balancing" and that doing so was unconstitutional, Defendant is still entitled to qualified immunity. … In these circumstances, any right that Plaintiff had was not "clearly established," Pearson v. Callahan, 129 S. Ct. 808, 815 (2009), so Defendant is entitled to qualified immunity. Cf. Grossman v.

United States v. Kenneth Barker

942 F.2d 585 · Court of Appeals for the Ninth Circuit · Aug 7, 1991

NLRB, 461 U.S. 731, 743 , 103 S.Ct. 2161, 2170 , 76 L.Ed.2d 277 (1983) (baseless litigation is not immunized by the First Amendment right to petition). … The two positions are quite distinct, and the trial judge clearly, stated that he could not say that the verdict was against the weight of evidence, or that the jury had been wrong. .

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.

Naji Antoine Tokatly v. John Ashcroft, Attorney General

371 F.3d 613 · Court of Appeals for the Ninth Circuit · Jun 10, 2004

Accordingly, when the documents that we may consult under the “modified” approach are insufficient to establish that the offense the petitioner committed qualifies as a basis for removal under section 237(a)(2)(E)(i), we … The criteria for determining whether the violence is “domestic” are clearly established in the statute.

The Republic of the Philippines v. Ferdinand E. Marcos, Imelda R. Marcos, Ramon Azurin, Diosdado C. Ordonez and Ancor Holdings, N.V.

818 F.2d 1473 · Court of Appeals for the Ninth Circuit · Jun 24, 1987

In DeRoburt our court clearly drew this distinction. … The act of state doctrine is clearly not a bar under such circumstances.

Albert A. Mros and Doris Mros v. Commissioner of Internal Revenue

493 F.2d 813 · Court of Appeals for the Ninth Circuit · Mar 22, 1974

The record clearly establishes that the Mrqs patent had potential value in fields other than the limited field of use which was the subject of the 1966 agreement with Serka. … In the instant case, the 1966 agreement between taxpayer and Serka clearly involved a transfer of rights to the patent for a limited field-of-use.

Crosby v. Schwartz

678 F.3d 784 · Court of Appeals for the Ninth Circuit · May 4, 2012

We deny Crosby’s petition on this ground because he has not established that there is any clearly established Supreme Court law that holds that the Constitution guarantees a right to a jury trial after a valid waiver of that … To apply the deference required under AEDPA, we first must determine what constitutes clearly established Federal law in this context. As we previously recognized in Gonzalez v.

Jose Manuel Ochoa-Amaya v. Alberto R. Gonzales, Attorney General

472 F.3d 674 · Court of Appeals for the Ninth Circuit · Dec 29, 2006

Rejecting Ochoa-Amaya’s interpretation of the CSPA’s formula for calculating whether an alien qualifies as a child, BIA concluded that Ochoa-Amaya failed to meet his burden to establish prima facie eligibility for adjustment … While subsection (h)(2) does refer to a relationship described in § 1153, it clearly identifies a petition filed under § 1154, which includes the 1-130 petition adjudicated by INS.

Shobna Chandar Lata v. Immigration and Naturalization Service

204 F.3d 1241 · Court of Appeals for the Ninth Circuit · Mar 8, 2000

Thus, should Lata fail to qualify for the discretionary relief of asylum, she would necessarily fail to qualify for the mandatory relief of withholding of deportation. … Lata’s general claims of broader ethnic tension across Fijian society also do not establish statutory persecution. See Singh v. INS, 134 F.3d 962, 970-71 (9th Cir.1998).

Alice Brown v. County of San Bernardino

Court of Appeals for the Ninth Circuit · Mar 19, 2021

Qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … It is not clearly established that there is a Fourteenth Amendment violation in a situation like the one here, where the child’s mother asserts that her rights were violated because her child, who was in protective police

Donnelly v. United States

841 F.2d 968 · Court of Appeals for the Ninth Circuit · Mar 10, 1988

(Section 1346(f) is the jurisdiction-vesting counterpart to § 2409a’s waiver of sovereign immunity.) … In other words, does the existence of an alternate jurisdictional basis preserve jurisdiction for resolving title disputes un *972 der the QTA, or does the qualifying language of § 2409a(e) simply mean that the disclaimer