Case law

Fair Housing Council v. Roommate. Com, LLC

666 F.3d 1216 · Court of Appeals for the Ninth Circuit · Feb 2, 2012

The district court initially dismissed the claims, holding that Roommate was immune under section 230 of the Communications Decency Act (“CDA”), 47 U.S.C. § 230 . … Our opinion was limited to CDA immunity and didn’t reach whether the activities, in fact, violated the FHA.

Federal Savings and Loan Insurance Corporation v. John L. Molinaro, and Kurahara & Morrissey, Real Party in Interest-Appellant

923 F.2d 736 · Court of Appeals for the Ninth Circuit · Jan 17, 1991

The basis articulated for dismissal of those claims was sovereign immunity. … United Financial Group, 559 F.2d 557, 560 (9th Cir.1977) Molinaro's Sixth Amendment right to counsel of choice in his criminal action is a qualified right.

The Fidelity & Casualty Company of New York, a Corporation, Plaintiff v. Reserve Insurance Company, C. W. McGrath Inc., a Corporation, Counter-Claimant v. National Indemnity Company, Counter-Defendants, National Indemnity Company

596 F.2d 914 · Court of Appeals for the Ninth Circuit · May 14, 1979

within the scope of the government's waiver of sovereign immunity. 111 F.Supp. at 86 . 10 In Luckenbach Steamship Co. v. … Co., 8 Cal.App.3d 606, 608 , 87 Cal.Rptr. 551 (1970), involved a different definition of automobile, but also the vehicle in issue was clearly Designed for use principally off the public roads.

Day v. Apoliona

496 F.3d 1027 · Court of Appeals for the Ninth Circuit · Aug 7, 2007

While we observed that “[t]he Admission Act clearly mandates establishment of a trust for the betterment of native Hawaiians,” we did not discuss the question in any detail, because “[t]he defendants [did] not seriously contend … For similar reasons, we conclude that Akaka II is also not clearly irreconcilable with Gonzaga, 536 U.S. 273 , 122 S.Ct. 2268 .

Lauritzen v. Lehman

736 F.2d 550 · Court of Appeals for the Ninth Circuit · Jul 5, 1984

Accordingly, the court remanded the case to the district court to determine if the KKK qualified for an award under either § 2412(b) or (d). Id. at 69. . … If the district court is satisfied that the record on the merits establishes that the government’s position had a reasonable basis in law and fact, there is no requirement for a separate hearing on this issue.

Mailloux v. Mailloux

554 F.2d 976 · Court of Appeals for the Ninth Circuit · May 31, 1977

Section 1421b(u): Privileges and Immunities. … The federal nature of the right to be established is decisive — not the source of the authority to establish it. .

James D. MacIel v. James K. Rowland, Individually and as Director of the Dept. Of Corrections, State of California Eddie Ylst

5 F.3d 537 · Court of Appeals for the Ninth Circuit · Sep 2, 1993

This contention lacks merit. 20 Governmental entities which qualify as "arms of the state" under the eleventh amendment are not considered "persons" for purposes of section 1983. Thompson v. … The medical department of a state prison or medical institution is clearly an "arm of the state." Thus, the district court properly granted judgment for the medical departments at Folsom and CMF.

Medic Air Corporation v. Air Ambulance Authority

843 F.2d 1187 · Court of Appeals for the Ninth Circuit · Apr 4, 1988

Consequently, to enjoy immunity from the anti-trust laws, it must show its actions were taken pursuant to a clearly articulated and affirmatively expressed state policy to displace competition and that it was "actively supervised … The alleged anticompetitive conduct was not a "necessary or reasonable consequence" of the decision to establish an exclusive dispatcher. See Springs Ambulance Service, Inc. v.

Michelle Thomas David George Thomas Tyneal Michelle Thomas Shaldon Waide Thomas v. John Ashcroft, Attorney General

359 F.3d 1169 · Court of Appeals for the Ninth Circuit · Mar 2, 2004

Withholding of Deportation In order to qualify for withholding of deportation under 8 U.S.C. § 1231 (b)(3)(A), the petitioners must establish a “clear probability,” Navas v. … “On account of race, religion, nationality, membership in a particular social group, or political opinion” In order to qualify for asylum or withholding of removal, the petitioners must establish that any persecution they

United States v. 14.02 Acres of Land More or Less in Fresno County

547 F.3d 943 · Court of Appeals for the Ninth Circuit · Oct 24, 2008

Because WAPA is an agency of the federal government, its activities “in connection with the construction and operation of the transmission line in question, are wholly immune from local control, unless it can be established … Because WAPA is an agency of the federal government, its activities “in connection with the construction and operation of the transmission line in question, are wholly immune from local control, unless it can be established

Pintos v. Pacific Creditors

Court of Appeals for the Ninth Circuit · Apr 30, 2009

. § 1681e, which immunizes a reporting agency against FCRA violations by the agency’s subscribers so long as the agency takes certain steps. … If a debt has been judicially established, there is a “credit transaction involving the consumer” no mat- ter how it arose. The obligation is established as a matter of law, and the statute is satisfied.

United States v. Sandra Spaise Shirley

884 F.2d 1130 · Court of Appeals for the Ninth Circuit · Aug 24, 1989

A district court’s refusal to issue a subpoena under Rule 17(b) “is clearly appropriate ... when the testimony sought is cumulative.” Sims, 637 F.2d at 629 ; see also United States v. … Shirley also contends that she was precluded from calling James Anthony Gardner as a witness because the court refused to grant him immunity from prosecution.

Clyde Reed v. Town of Gilbert, Arizona

707 F.3d 1057 · Court of Appeals for the Ninth Circuit · Feb 8, 2013

Rather, it simply establishes a minor place restriction on an extremely broad category of communications with unwilling listeners. … Most notably, in Hill , the Supreme Court upheld a statute that clearly distinguished between types of noncommercial speech.

United States v. Colfax Grain Growers, Inc.

157 F.2d 633 · Court of Appeals for the Ninth Circuit · Oct 8, 1946

specifically prevent recovery by taxpayer in this suit and argues that because taxpayer’s non-member business amounted to between 27% and 38% of the total business during the years in question, taxpayer’s employees “do not qualify … A. § 291, The Capper-Volstead law — immunity from anti-trust laws; 12 U.S. C.A. § 1141j, Agricultural Marketing Act.

96 Cal. Daily Op. Serv. 6722, 96 Daily Journal D.A.R. 10,978 Rina Kumari Surita, A.K.A. Rina Kumari Afzal Yunas v. Immigration and Naturalization Service

95 F.3d 814 · Court of Appeals for the Ninth Circuit · Sep 9, 1996

The new constitution also guarantees to Major-General Rabuka, the coup leader, immunity from prosecution. … He will qualify for asylum derivatively if Surita qualifies for asylum. 8 C.F.R. § 208.21 (a). Their application for asylum is also deemed to be an application for withholding of deportation. 8 C.F.R. § 208.3 (b)

Young Ok Kepilino v. Alberto R. Gonzales, Attorney General

454 F.3d 1057 · Court of Appeals for the Ninth Circuit · Jul 25, 2006

Consequently, neither document establishes that Kepilino’s conduct falls within the C.F.R.’s definition of “prostitution.” … [Kepilino] does not have a visa petition, and appears not to be qualified for a Section 212(f) waiver of inadmissibility for lack of sufficient time of seven years.

Danny Monts v. Gregory Millard

570 F. App'x 677 · Court of Appeals for the Ninth Circuit · Apr 18, 2014

As to qualified immunity, the right at issue here was clearly established before the relevant time, McElyea v. … Accordingly, our disposition should not be read as taking a position on whether Monts will ultimately prevail on the merits or whether the chaplains will ultimately prevail on qualified immunity.

In Re Grand Jury Proceedings (Clinton Manges). Clinton Manges, Intervenor-Appellant v. United States

745 F.2d 1250 · Court of Appeals for the Ninth Circuit · Oct 23, 1984

Consequently, the proprietor could only be compelled to produce the records if he were formally granted immunity for the act of production. Id. 104 S.Ct. at 1245 . … These facts render In re Grand Jury Proceedings (Kent), 646 F.2d 963 (5th Cir.1981), clearly distinguishable.

Alexander Behrend v. San Francisco Zen Center, Inc.

108 F.4th 765 · Court of Appeals for the Ninth Circuit · Jul 17, 2024

Behrend’s role as a WPA clearly fits that broad exception, so we affirm the district court’s grant of summary judgment. I. … In his view, only teachers and leaders of the faith qualify for the exception. But precedent clearly forecloses that view, and for good reason.

Cabazon Band Of Mission Indians v. Wilson

124 F.3d 1050 · Court of Appeals for the Ninth Circuit · Sep 2, 1997

Feeney, 495 U.S. 299 , 110 S.Ct. 1868 , 109 L.Ed.2d 264 (1990) (general consent-to-suit provision coupled with statutory venue provision clearly indicate that states waived Eleventh Amendment immunity). 31 B. … Although the majority is correct that the parties could agree to waive their respective immunities, a long line of authority establishes that federal jurisdiction may not be conferred by such an agreement if it does not independently