Case law

Fresh fruit/veg v. NLRB

Court of Appeals for the Ninth Circuit · Aug 20, 2008

See NLRB v. Brown, 380 U.S. 278, 284 (1965). … The Board enjoys broad discretion and the Union, as the party challeng- ing the remedy, must show that the remedy is “clearly inade- quate” in light of the Board’s findings. Teamsters Local Union No. 639 v.

Sofamor Danek Group, Inc. v. Mark Brown, in His Official Capacity as Director of the State of Washington Department of Labor and Industries

124 F.3d 1179 · Court of Appeals for the Ninth Circuit · Sep 15, 1997

See, e.g., Eaglesmith v. Ward, 73 F.3d 857, 859 (9th Cir. 1995); Harrison v. Hickel, 6 F.3d 1347, 1352 (9th Cir. 1993). 3 . … Brown argues for the first time on appeal that he should be entitled to slate action immunity under the doctrine of Parker v. Brown, 317 U.S. 341 , 63 S.Ct. 307 , 87 L.Ed. 315 (1943).

United States v. Giustina

313 F.2d 710 · Court of Appeals for the Ninth Circuit · Dec 17, 1962

BROWNING, Circuit Judge. Appellees’ partnership entered into a “Timber Sale Agreement” with the United States Forest Service with respect to the timber on one hundred ninety acres of government land. … See Commissioner v. Remer, 260 F.2d 337 (8th Cir., 1958); Gowans v. Commissioner, 246 F.2d 448 (9th Cir., 1957); Barker v. Commissioner, 250 F.2d 195 (2d Cir., 1957); Crowell Land & Mineral Corp. v.

Corneli Seed Company, a Corporation v. Union Pacific Railroad Company, a Corporation

263 F.2d 127 · Court of Appeals for the Ninth Circuit · Dec 29, 1958

Co. v. … See Civil Aeronautics Board v. Modern Air Transport, 2 Cir., 1950, 179 F.2d 622 ; see also W. P. Brown & Sons Lumber Co. v. Louisville & Nashville R. Co., 1937, 299 U.S. 393 , 57 S.Ct. 265 , 81 L.Ed. 301 .

Kristin Perry v. Arnold Schwarzenegger - Order Certifying a Question to the Supreme Court of California

628 F.3d 1191 · Court of Appeals for the Ninth Circuit · Jan 4, 2011

Members of the public familiar with cases such as Brown v. Board of Education and Roe v. … Olson hopes will lead to a Supreme Court decision with the potential to reshape the legal and social landscape along the lines of cases like Brown v. Board of Education and Roe v.

United States v. Wallace Ward

973 F.2d 730 · Court of Appeals for the Ninth Circuit · Aug 19, 1992

See, e.g., Thomas v. Review Board, 450 U.S. 707, 713 , 101 S.Ct. 1425, 1429 , 67 L.Ed.2d 624 (1981); Wisconsin v. Yoder, 406 U.S. 205, 215 , 92 S.Ct. 1526, 1533 , 32 L.Ed.2d 15 (1972). … Mason v. General Brown Central School Dist., 851 F.2d 47 , 51 (2d Cir.1988). A “purely secular philosophical concern” is not enough to override the state’s interest in uniform regulation. Callahan v.

John Teixeira v. County of Alameda

873 F.3d 670 · Court of Appeals for the Ninth Circuit · Oct 10, 2017

Sanders v. Brown, 504 F.3d 903, 910 (9th Cir. 2007). … Pa. v.

Michael J. Hason, M.D. v. Medical Board of California Department of Consumer Affairs, State of California Arlene Adams, the Director of the Department of Consumer Affairs of the State of California Neil Fippin, Individually, & as the Manager, Licensing Program of the Medical Board of the State of California Melinda Acosta, Individually & as an Official of the Medical Board of the State of D.C. No. California Ron Joseph, Individually & as Executive Director of the Medical Board of the State of California & as Director of the Department of Consumer Affairs of the State of California Bruce Hasenkamp, Individually & as President of the Division of Licensing of the Medical Board of the State of California Ira Lubell, M.D., Individually & as President of the Division of Medical Quality of the Medical Board of the State of California Carole H. Hurvitz Anabel A. Imbert Raquel D. Arias, Dr. Klea D. Bertakis, Dr. Jack Bruner, Dr. Daniel Livingston Karen McElliot Alan E. Shumacher, Dr. Kip S. Skidmore, Individually & as Member of the Medical Board of the State of California's Division of Medical Quality Thomas A. Joas, Dr. Karen McElliott Individually & as Officer of the Medical Board of the State of California & Its Division of Licensing Bernard Alpert, Individually & as Officer of the Medical Board of the State of California & Its Division of Licensing Michael I. Sidley, Individually & as Executive of the Medical Board of the State of California's Division of Licensing Raja Toke, Dr., Individually & as Executive of the Medical Board of the State of California's Division of Licensing the State of California & Senior Investigator, Michael J. Hason, M.D. v. Medical Board of the State of California Department of Consumer Affairs, State of California Arlene Adams, the Director of the Department of Consumer Affairs of the State of California Neil Fippin, Individually and as the Manager, Licensing Program of the Medical Board of the State of California Melinda Acosta, Individually and as an Official of the Medical Board of the State of California Ron Joseph, Individually and as Executive Director of the Medical Board of the State of California and as Director of the Department of Consumer Affairs of the State of California Bruce Hasenkamp, Individually and as President of the Division of Licensing of the Medical Board of the State of California Ira Lubell, M.D., Individually and as President of the Division of Medical Quality of the Medical Board of the State of California Carole H. Hurvitz Anabel A. Imbert Raquel D. Arias, M.D. Klea D. Bertakis, M.D. Jack Bruner, M.D. Daniel Livingston Karen McElliott Alan E. Schumacher, M.D. Kip S. Skidmore, Individually and as Members of the Medical Board of the State of California's Division of Medical Quality Thomas A. Joas, M.D. Karen McElliott Individually and as Officer of the Medical Board of the State of California and Its Division of Licensing Bernard Alpert, Individually and as Officer of the Medical Board of the State of California and Its Division of Licensing Michael I. Sidley, Individually and as Executive of the Medical Board of the State of California's Division of Licensing Raja Toke, M.D., Individually and as Executive of the Medical Board of the State of California's Division of Licensing the State of California Senior Investigator Medical Board of California

294 F.3d 1166 · Court of Appeals for the Ninth Circuit · Jun 26, 2002

v. … Brown v. N.C. Div. of Motor Vehicles, 166 F.3d 698 , 707 (4th Cir.1999) (holding that a regulation enacted pursuant to Title II did not validly abrogate State sovereign immunity).

Martha J. Brown Kaestner v. Frank S. Schmidt, District Director of Internal Revenue, Los Angeles District, United States of America

473 F.2d 1294 · Court of Appeals for the Ninth Circuit · Apr 10, 1973

That rule was clarified and affirmed in Enochs v. Williams Packing Co., 370 U.S. 1 , 82 S.Ct. 1125 , 8 L.Ed.2d 292 (1962). … This Court addressed this issue in Thrower v. Miller, 440 F.2d 1186 (9th Cir. 1971).

National Labor Relations Board v. Bricklayers & Masons International Union, Local No. 3, and Frank S. Llewellyn, Secretary

405 F.2d 469 · Court of Appeals for the Ninth Circuit · Dec 4, 1968

We uphold the Board’s ruling. … The Board’s order will be enforced. 1 . Examples cited by the Union are no strike clauses (NLRB v. American Nat. Ins.

Keith Brown v. Keith Yordy

Court of Appeals for the Ninth Circuit · Sep 18, 2018

Wilhelm v. … We reject as without merit Brown’s contentions that the district court improperly dismissed his claims against the Idaho Board of Corrections and the Idaho Commission of Pardons and Parole. See S. Pac. Transp. Co. v.

United States v. Ethan Jinian

Court of Appeals for the Ninth Circuit · Jul 23, 2013

In 2006, Jinian informed Leon Brown, Bricsnet’s finance manager, that the company’s chairman of the board of directors authorized Jinian to receive compensation in excess of his annual salary and to draw advances on that … Unbeknownst to Brown, Jinian never received any such authorization.

United States v. James Many White Horses

964 F.3d 825 · Court of Appeals for the Ninth Circuit · Jul 6, 2020

To obtain approval, the defendant shall provide the probation officer with the purpose of his visit to Browning, the  UNITED STATES V. … See United States v. Napulou, 593 F.3d 1041, 1044 (9th Cir. 2010). 10 UNITED STATES V.

Robinson v. County of Fresno

882 F.2d 444 · Court of Appeals for the Ninth Circuit · Aug 16, 1989

The Court reversed the Sixth Circuit’s ruling in Betts v. … The Court’s reasoning implicitly overrules the decisions of two other circuits, Karlen v. City Colleges of Chicago, 837 F.2d 314 (7th Cir.1988) and Cipriano v. Board of Educ., 785 F.2d 51 (2d Cir.1986).

William v. Ficek v. Southern Pacific Company, a Delaware Corporation

338 F.2d 655 · Court of Appeals for the Ninth Circuit · Dec 22, 1964

BROWNING, Circuit Judge. Ficek sued Southern Pacific for damages for breach of contract of employment as a conductor. … I The arbitration agreement involved in this case provided that the arbitration board “shall have jurisdiction of claims and grievances, including discipline, submitted to it under this agreement, arising out of the interpretation

Meredith Oden v. Northern Marianas College Agnes McPhetres John Does, I-V Bruno Dalla Pozza Board of Regents

284 F.3d 1058 · Court of Appeals for the Ninth Circuit · Mar 22, 2002

In April 1998, Oden sued Dalla Pozza, NMC, NMC’s President, NMC’s *1060 Board of Directors, and the United States Secretary of Education. … See Magana v. CNMI, 107 F.3d 1436 , 1443 (9th Cir.1997).

National Labor Relations Board, Construction, Production & Maintenance Laborers' Local Union No. 383, Intervenor v. Hydro Conduit Corporation

813 F.2d 1002 · Court of Appeals for the Ninth Circuit · Mar 27, 1987

Although a reviewing court reviews questions of law de novo, it should give considerable deference to the Board’s expertise in construing and applying the labor laws. United States v. … Ass’n v. NLRB, 732 F.2d 754, 760-61 (10th Cir.) cert denied, 469 U.S. 932 , 105 S.Ct. 327 , 83 L.Ed.2d 264 (1984); NLRB v. Dillon Stores, 643 F.2d 687, 690 (10th Cir.1981); Rock Hill Tel. Co. v.

Simon J. Pinhas v. Summit Health, Ltd. Midway Hospital Medical Center the Medical Staff of Midway Hospital Medical Center Mitchell Feldman

880 F.2d 1108 · Court of Appeals for the Ninth Circuit · Jul 26, 1989

Wilson Indus. v. Chronicle Broadcasting Co., 794 F.2d 1359 , 1363 (9th Cir.1986) (quoting Brown Shoe Co. v. … See Tillamook Cheese and Dairy Ass’n v. Tillamook County Creamery Ass’n, 358 F.2d 115, 118 (9th Cir.1966); Brown v. Donco Enter., Inc., 783 F.2d 644 , 647 (6th Cir.1986) (per curiam).

United States v. Kyle R. Jones, Thayde L. Jones and Robert E. Gevara

607 F.2d 269 · Court of Appeals for the Ninth Circuit · Oct 24, 1979

Brown, 482 F.2d 1359 (9th Cir. 1973). Repeals by implication are not favored, and effect should be given to overlapping statutes where possible. Burnett, 505 F.2d at 816 . See United States v. … See Patagonia Corp. v. Board of Governors of the Federal Reserve System, 517 F.2d 803, 811 (9th Cir. 1975); Eastern Airlines v. Civil Aeronautics Board, 122 U.S.App.D.C. 375 , 354 F.2d 507, 510-11 (D.C.Cir.1965).

Anthony Perez v. City of Fresno

98 F.4th 919 · Court of Appeals for the Ninth Circuit · Apr 15, 2024

Id. at 62–63 (internal quotation marks omitted) (quoting Brown, 520 U.S. at 409). … Cal. 2016); Brown v. City & Cnty. of San Francisco, No. 11-02162, 2014 WL 1364931 at *14 (N.D. Cal. Apr. 7, 2014); Madrid v. City of Fresno, No. 108 CV 00098, 2011 WL 13243581 at *13 (E.D. Cal. Feb. 23, 2011).