Case law
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541 F.2d 217 · Court of Appeals for the Ninth Circuit · Aug 17, 1976
Even if it were effective, the record discloses that Dommermuth was better qualified than Morita for the position. … Such treatment clearly does not constitute racial discrimination. The trial court has wide discretion in the admission or exclusion of collateral evidence. See United States v.
Cited 58 timesPublished294 F.3d 1166 · Court of Appeals for the Ninth Circuit · Jun 26, 2002
This, in a nutshell, is where Hason goes astray. 7 A bit of history is required to see clearly the misstep that this opinion takes. 8 * It is beyond dispute that recent decisions of the Supreme Court, including Garrett , … Center, 280 F.3d 98 , 110-12 (2d Cir. 2001) (holding that Title II actions may only be brought against States if the plaintiff can establish that the "violation was motivated by discriminatory animus or ill will based on
Cited 0 timesPublishedAnderson v. Mullaney, Commissioner of Taxation of Territory of Alaska
191 F.2d 123 · Court of Appeals for the Ninth Circuit · Nov 5, 1951
course of business and that their movement' is one of established regularity. … Witsell, supra, as authority for its conclusion that the tax established by the ■ Alaska statute did not burden interstate commerce.
Cited 22 timesPublishedVallabhbhai Kanji Patel, and Ramanlal Maganlal Naik v. Immigration & Naturalization Service
790 F.2d 786 · Court of Appeals for the Ninth Circuit · May 29, 1986
That Act also established six preferences — or priorities— within this quota. Immigrant visas are allocated to the preference classes by numerical order of priority. … The petitioners contend that they clearly come within the meaning of the phrase because they are now in this country.
Cited 4 timesPublished843 F.3d 350 · Court of Appeals for the Ninth Circuit · Nov 7, 2016
. § 924(c)(3), and therefore cannot qualify under the categorical approach. In the order amending the opinion, the panel noted that Voisine v. United States, 136 S. … Springfield’s opposing rule is clearly irreconcilable with the reasoning and the results of Leocal and Fernandez-Ruiz and is no longer good law.
Cited 41 timesPublishedMatt Yamashita v. Lg Chem, Ltd.
62 F.4th 496 · Court of Appeals for the Ninth Circuit · Mar 6, 2023
First, LGC and LGCA’s shipments to and through the port of Honolulu qualified as purposeful availment. Second, LGC’s involvement in the sale of residential solar batteries in Hawaii qualified as purposeful availment. … These contacts also clearly qualify as purposeful availment. Third, Yamashita points to the various consumer products sold in Hawaii containing LGC’s 18650 lithium- ion batteries.
Cited 113 timesPublishedTahoe-Sierra Preservation Co. v. Tahoe Regional Planning Agency
911 F.2d 1331 · Court of Appeals for the Ninth Circuit · Aug 27, 1990
In any event, the reasonableness of the delay and the diligence of the government's efforts are clearly questions of fact that cannot be resolved at this point in the proceedings. … When they act administratively, however, they are only entitled to qualified immunity. Cinevision Corp. v. City of Burbank, 745 F.2d 560, 577-78, 580 (9th Cir.1984).
Cited 1 timesPublished841 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
Cited 2 timesPublishedParis Holloway v. Bartman Horn
701 F. App'x 608 · Court of Appeals for the Ninth Circuit · Jul 7, 2017
Defendant-Appellants moved to dismiss on the basis of qualified immunity, which the district court denied. They now appeal that denial. … United States, 927 F.2d 1504, 1511 (9th Cir. 1991) (denying qualified immunity where officers shot “an unarmed and injured felon lying or kneeling on the floor”).
Cited 3 timesUnpublishedBlack Faculty Ass'n of Mesa College v. San Diego Community College District
664 F.2d 1153 · Court of Appeals for the Ninth Circuit · Dec 28, 1981
Because no injury to BFA is established in the record, we conclude that BFA failed to establish standing to sue in its own right. 2. … Because the trial judge’s findings are contrary to the facts produced at trial, his findings are clearly erroneous. .
Cited 13 timesPublishedRattray v. City of National City
51 F.3d 793 · Court of Appeals for the Ninth Circuit · Oct 7, 1994
Rptr. 82, 84 (1977) (“once [the officer] decided to investigate, any negligence on his part in his ministerial performance of the investigation was clearly beyond the protection of the statutory discretionary immunity”). … According to established practice, all elements of a defamation claim, with the exception of actual malice in the case of a public official, must be proved by a preponderance of the evidence.
Cited 27 timesPublishedPennsylvania Salt Mfg. Co. Of Washington v. Haynes
184 F.2d 355 · Court of Appeals for the Ninth Circuit · Nov 2, 1950
It is undisputed here, and indeed, well established in Washington, that a third party employer is immune from suit by a workman when both are covered by the Industrial Insurance Act of the state, in good standing, and when … point, they do clearly establish two essential requirements which an employer must meet to entitle him to immunity from suit by a workman not in his employ: (1) The employer must be a contributor to the workmen’s compensation
Cited 0 timesPublished768 F.2d 1120 · Court of Appeals for the Ninth Circuit · Aug 16, 1985
However, defendants have established that the relatives hired in at-issue jobs were highly qualified for the positions in which they were hired and were chosen because of their qualifications." … But it is not necessary that plaintiffs' statistics show that they were the best qualified.
Cited 8 timesPublished812 F.2d 1226 · Court of Appeals for the Ninth Circuit · Mar 18, 1987
Sprague had presented no psychiatric or other qualified evidence to establish entitlement to disability based on her mental state. DISCUSSION A. … This conclusion is clearly erroneous.
Cited 1,430 timesPublishedAcademy of Country Music v. Continental Casualty Company
991 F.3d 1059 · Court of Appeals for the Ninth Circuit · Mar 22, 2021
In holding that the district court’s initial order was not reviewable, we clearly stated that we were construing § 1447(c). … ’ the jurisdictional amount, because it failed to ‘allege facts adequate to establish’ the amount.”
Cited 190 timesPublishedAaron Schwarder Donna Eubanks Kathleen Schwarder v. United States
974 F.2d 1118 · Court of Appeals for the Ninth Circuit · Sep 4, 1992
Absent a waiver of sovereign immunity, a wrongful death suit against the United States would be barred under the sovereign immunity doctrine. … their effect, unless such intention is clearly expressed.”
Cited 118 timesPublishedUnited States v. Ruby Company, a Utah Corporation
588 F.2d 697 · Court of Appeals for the Ninth Circuit · Dec 29, 1978
Clearly, these cases do not fully describe the dimensions of government estoppel. … We agree, and we find that the dictates of both morals and justice indicate that the Government is not entitled *703 to immunity from equitable estoppel in this case. Id. at 103 .
Cited 118 timesPublishedAnthony Defrancesco v. Arizona Board of Regents
Court of Appeals for the Ninth Circuit · Jan 19, 2023
The district court ruled that Goldman engaged in unprotected speech, and alternatively, UAHS was entitled to qualified immunity. … The district court also concluded that DeFrancesco’s claims were barred by qualified immunity because DeFrancesco’s First Amendment right to be free from retaliation for the speech of his spouse is not “clearly established
Cited 0 timesUnpublished318 F.2d 162 · Court of Appeals for the Ninth Circuit · May 27, 1963
A cause of action cannot operate within the area of the False Claims Act unless a false or fraudulent claim can be established. See United States v. Farina, 153 F.Supp. 819 (D.N.J.1957) and cases cited therein. … Even so, this does not justify putting an interpretation on the word “claim” as used in the statute which is clearly untenable. Moreover, this is not the Government’s only remedy.
Cited 68 timesPublishedFriends of the Earth v. United States Navy
841 F.2d 927 · Court of Appeals for the Ninth Circuit · Mar 7, 1988
STANDARD OF REVIEW This court reviews a denial of a preliminary injunction motion to determine whether the district court abused its discretion or based its decision on an erroneous legal standard or clearly erroneous findings … The Navy contends this means its sovereign immunity has not been waived for purposes of the CZMA.
Cited 28 timesPublished
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