Case law

Randal T. Barber, and Hawaiian Navigable Waters Preservation Society, a Non Profit Corporation and on Behalf of Its Members and All Others Similarly Situated v. State of Hawai'i United States of America, and United States of America, Hawaiian Navigable Waters Preservation Society, a Non Profit Corporation and on Behalf of Its Members and All Others Similarly Situated v. State of Hawai'i Rex Johnson, in His Capacity as Director of Hawai'i Department of Transportation

42 F.3d 1185 · Court of Appeals for the Ninth Circuit · Nov 30, 1994

PRIVILEGES AND IMMUNITIES. 77 The Preservation Society raises for the first time on appeal the argument that the fee differentials imposed in the small boat harbors violates the Privileges and Immunities Clause (Art. … privileges and immunities claim").

UNITED STATES of America, Plaintiff-Appellee, v. James E. MELVIN, Defendant-Appellant

91 F.3d 1218 · Court of Appeals for the Ninth Circuit · Jul 31, 1996

Here, the evidence shows that Melvin clearly had knowledge of the details of the conspiracy. … See Application Note 2 to the Commentary of § 3B1.1 (to qualify for the enhancement, supervision of one other participant is sufficient). VII.

Seldovia Native Ass'n v. Lujan

904 F.2d 1335 · Court of Appeals for the Ninth Circuit · May 31, 1990

Whether the eleventh amendment immunizes a state from suit is a question of law that we also review de novo. BV Engineering v. … “Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.” Consumer Product Safety Comm’n v.

Ernest W. Hahn, Inc. v. Hugh B. Codding, Codding Enterprises v. Ernest W. Hahn, Inc.

615 F.2d 830 · Court of Appeals for the Ninth Circuit · Mar 20, 1980

Although not denominated as such, this was clearly a dismissal for failure to state a claim for relief under Fed.R.Civ.P. 12(b)(6). … The basic antitrust immunity established by Noerr was reaffirmed in United Mine Workers v. Pennington, 381 U.S. 657 , 85 S.Ct. 1585 , 14 L.Ed.2d 626 (1965).

Association of Public Agency Customers v. Bonneville Power Administration

733 F.3d 939 · Court of Appeals for the Ninth Circuit · Oct 28, 2013

We held that the petitioners had standing to sue EPA, concluding, in part, that their pecuniary injury was “clearly a sufficient basis” upon which to establish an “injury in fact,” as required by Lujan, 25 Id. at 1537 (quotation … BPA will then determine if the IOU qualifies for REP benefits by comparing the IOU’s ASC to the “utility-specific exchange rate” established for that IOU. ROD 112.

Atonio v. Wards Cove Packing Company, Inc.

10 F.3d 1485 · Court of Appeals for the Ninth Circuit · Dec 7, 1993

a clearly superior substitute for the defendants' labor pool figures. … Noting, however, that an agreement with a union provides no immunity for an employer from a discrimination claim, the court in Atonio II instructed the district court to investigate further the workers' messing claims.

UNITED STATES of America, Plaintiff-Appellee, v. Morris D. ENGLISH, Jr., Defendant-Appellant

92 F.3d 909 · Court of Appeals for the Ninth Circuit · Aug 9, 1996

Because the record lends much more- significant support to the *918 district court’s restitution order in this case, Ramilo is clearly inapposite. 10 G. … However, English's bankruptcy testimony was never immunized. Thus, his argument regarding the improper use of his bankruptcy testimony is without merit.

United States v. 313.34 Acres of Land, More or Less, Situated in Jefferson County, State of Washington, and Gary Smith Janice Smith

897 F.2d 1473 · Court of Appeals for the Ninth Circuit · Mar 6, 1990

The government advocates the adoption of the Eighth Circuit’s test of substantial justification as established in Phister. … We therefore also vacate the portion of the judgment establishing the size of the award.

United States v. Benjamin Koziol

Court of Appeals for the Ninth Circuit · Apr 13, 2021

KOZIOL extortionate act and did not otherwise qualify as a predicate offense under RICO. Id. … The uncontested evidence clearly established that Koziol’s threats caused the entertainer to fear economic harm. Therefore, we reject Koziol’s arguments of instructional error.

Bascomb v. City of Seattle

9 F.3d 1550 · Court of Appeals for the Ninth Circuit · Oct 28, 1993

" that they allegedly violated was not "clearly established" at the time of a violation, or (2) if a reasonable officer would have thought that the defendant's actions were constitutional--that is, if the defendant acted … immunity, the court granted the plaintiffs' motion for "summary judgment of dismissal of the qualified immunity defense."

Billy Mayshack v. Robert Gonzales

437 F. App'x 615 · Court of Appeals for the Ninth Circuit · Jun 9, 2011

capacity, qualified immunity is 'unavailable' as a defense. … City of Ridgefield, 439 F.3d 1055, 1066 (9th Cir. 2006) (finding the law clearly established in 1998, and noting that those rights had been clearly established at least ten years before that).

Justin Santos-Ponce v. Robert Wilkinson

987 F.3d 886 · Court of Appeals for the Ninth Circuit · Feb 10, 2021

The BIA concluded that the IJ did not clearly err when she determined that Ponce failed to “establish a nexus to a protected ground . . . , including membership in a [PSG], or demonstrate that it was or will be at least one … To qualify for CAT protection, Ponce bears the burden of proving “that ‘it is more likely than not that … [he] would be tortured if removed to the proposed country of removal.’” Azanor v.

Danny Flores v. City of San Gabriel

824 F.3d 890 · Court of Appeals for the Ninth Circuit · Jun 2, 2016

The employer bears the burden of establishing that it qualifies for an exemption under the Act. Id. … The City bears the burden of establishing that it qualifies for the exemption. Adair, 185 F.3d at 1060 (citations omitted).

C. L. Freier, and All Others Similarly Situated v. New York Life Insurance Co., a Foreign Corporation

679 F.2d 780 · Court of Appeals for the Ninth Circuit · Jun 14, 1982

, or immunity secured by the Constitution or Laws of the United States. … It is clear to us that appellant failed to allege facts which would form a basis for establishing either requirement.

United States v. Tsai

14 F. App'x 834 · Court of Appeals for the Ninth Circuit · Jul 10, 2001

Smith, 196 F.3d 1034 (9th Cir.1999) (holding that granting immunity in exchange for witness’ testimony was not a violation of § 201(c)(2)); United States v. … The government established at trial through Kim’s testimony that Tsai was involved in the fraudulent scam for his own car accident in March 1993.

Mathis v. Pacific Gas & Electric Co.

891 F.2d 1429 · Court of Appeals for the Ninth Circuit · Dec 20, 1989

The complaint, however, clearly alleged that PG & E acted under color of state law, and that it acted as the agent, or at the instance, of the NRC. … PG & E contends that the NRC policy clearly does not specify that PG & E must decide that Mathis himself is an illegal drug user.

David Schwake v. Arizona Board of Regents

Court of Appeals for the Ninth Circuit · Jul 29, 2020

“Qualified immunity shields government officials from civil liability unless a plaintiff establishes that: (1) the official violated a constitutional right; and (2) that right was ‘clearly established’ at the time of the … Schwake failed to identify any law that clearly established a right to informational privacy in the context of university disciplinary proceedings.2 The Defendants are therefore entitled to qualified immunity for alleged

Raphael Gregorian California International Trade Corporation v. Izvestia Ministry of Foreign Trade of the Union of Soviet Socialist Republics V/o Licensintorg, and V/o Medexport, Raphael Gregorian and California International Trade Corporation v. Izvestia Ministry of Foreign Trade of the Union of Soviet Socialist Republics V/o Medexport, and Union of Soviet Socialist Republics V/o Licensintorg

871 F.2d 1515 · Court of Appeals for the Ninth Circuit · Apr 12, 1989

Id. at 521-22 . 59 This last fact clearly differentiates Meadows from the present case. … As the United States observes, contract rights cases will almost always involve commercial activity, and it would have been odd for Congress, without saying so clearly, to have retained immunity for such claims only in the

United States v. James Durward Harper, James Durward Harper v. United States District Court for the Northern District of California, United States of America, Real Party in Interest

729 F.2d 1216 · Court of Appeals for the Ninth Circuit · Apr 24, 1984

Notwithstanding the novel nature of the issues it addresses, we are convinced that the order was clearly erroneous. … It said that [t]he data adduced by the petitioner ... are too tentative and fragmentary to establish that jurors not opposed to the death penalty tend to favor the prosecution in the determination of guilt.

United States v. Johnson

297 F.3d 845 · Court of Appeals for the Ninth Circuit · Jul 12, 2002

The government also sufficiently established that Reloaders had a knowing connection to both conspiracies. Rashada testified that Reloaders made qualifying, front, and reload calls during their tenure at AEA. … The evidence also established that Eames was a partner in these conspiracies.