Case law

Morongo Band of Mission Indians v. California State Board of Equalization

849 F.2d 1197 · Court of Appeals for the Ninth Circuit · Jun 14, 1988

As a result of the well-pleaded complaint rule, “few interpleader complaints have been found to qualify for federal question jurisdiction. … The tribe’s claim for declaratory relief was coupled with a claim for breach of contract and damages, over which we clearly had jurisdiction.

Francis H. Holland v. Yellowstone Pipe Line Company, a Corporation

306 F.2d 621 · Court of Appeals for the Ninth Circuit · Aug 7, 1962

The word “warp” was explained by Ricketts to mean that it is possible that the pipeline may not be where the elevation establishes it to be, thus making it necessary to change the grade of the bottom *624 of a ditch to fit … With respect to appellant’s defense of sovereign immunity appellant quoted from 69 A.L.R. 490 as follows: “One who contracts with a public body for the performance of public work is entitled to share immunity of the public

Paul Allen v. Jack McCormick Gary Weer L.E. Bearley

120 F.3d 268 · Court of Appeals for the Ninth Circuit · Jul 17, 1997

clearly established? … Accordingly, we REVERSE the order of the district court denying Appellants qualified immunity, and we REMAND with instructions to grant Appellants qualified immunity.

Newdow v. Lefevre

598 F.3d 638 · Court of Appeals for the Ninth Circuit · Mar 11, 2010

Newdow asserts the reasoning and theory of Aronow is “clearly irreconcilable” with intervening Supreme Court precedent. … That the Supreme Court has developed new Establishment Clause tests does not render Aronow “clearly irreconcilable” with Supreme Court precedent.

UNITED STATES of America, Plaintiff-Appellee, v. Leo RUBIER, Defendant-Appellant

651 F.2d 628 · Court of Appeals for the Ninth Circuit · Jul 10, 1981

Schrader isn't required to testify about a particular person, he is required to tell the truth, that's what he agrees to do, and it clearly specifies that if he doesn't tell the truth, he's going to be prosecuted. 25 "The … He's going to get prosecuted for bank robbery, and the agreement clearly lets the government do that and obligates the government to do that.

Siang Ken Wang v. Immigration and Naturalization Service

413 F.2d 286 · Court of Appeals for the Ninth Circuit · Jun 24, 1969

The board said: “Respondent has established eligibility for suspension of deportation; however, we shall deny relief as a discretionary matter. … Therefore, by copsidering as relevant the manner of petitioner’s 1954 entry into this country, the Board of Immigration Appeals applied a standard contrary to the clearly enunciated policy of Congress.

United States v. Paulo Lara

815 F.3d 605 · Court of Appeals for the Ninth Circuit · Mar 3, 2016

The Eleventh Circuit “had long read Belton to establish a bright-line rule authorizing substantially contemporaneous vehicle searches incident to arrests of recent occupants.” Id. at 2426 (citing United States v. … If the question were qualified immunity, the fact that the precedent is unclear would protect an individual officer from damages. See Saucier v. Katz, 533 U.S. 194, 205 (2001).

Jeffrey A. Sisson v. J. Lynn Helms, Administrator Federal Aviation Administration and Robert Faith, Alaska Regional Administration

751 F.2d 991 · Court of Appeals for the Ninth Circuit · Mar 1, 1985

That he is qualified for the position in spite of his handicap under all but the physical criteria being challenged as discriminatory. Southeastern Community College v. … In deciding whether the district court’s findings are supported by the evidence, however, we must apply the clearly erroneous rule. Thorne v.

William J. Brucker v. United States

338 F.2d 427 · Court of Appeals for the Ninth Circuit · Jan 19, 1965

The Air Force directive under which the Club was organized provided that “appropriate operational and administrative procedures” should be “established and followed to insure maximum safety in flight.” Air Force Reg. … Graves was not negligent is not clearly erroneous. Although not a qualified flight instructor, Lt. Hammack was a licensed pilot, fully competent to fly the plane with Sgt. Brucker as a passenger.

Costco Wholesale v. Hoen

Court of Appeals for the Ninth Circuit · Jan 28, 2008

As “state regulatory programs [can] not violate [the Sherman Act],” we generally must determine whether a “state’s involvement in [a] price-setting program is sufficient to establish antitrust immunity.” … PacifiCorp, 238 F.3d 1189, 1192 n.8 (9th Cir. 2001) (“The Court has not clearly defined the relationship between federal antitrust preemption of state laws restricting competition and the state action immunity doctrine.”)

United States v. Daniel David Kimple

27 F.3d 1409 · Court of Appeals for the Ninth Circuit · Sep 19, 1994

Whether the defendant is entitled to an acceptance of responsibility reduction is a factual determination also subject to the clearly erroneous standard of review. United States v. … In 1992, the Sentencing Commission amended 3 the acceptance of responsibility provision to entitle the defendant to an additional one-level reduction if he establishes that he: (1) qualifies for the two-level decrease under

Monica Reese v. Jefferson School District No. 14j

208 F.3d 736 · Court of Appeals for the Ninth Circuit · Mar 29, 2000

Uncontroverted evidence established a factual basis for the discipline of the plaintiffs. Accordingly, the district court correctly disposed of the S 1983 claim. … immunity from the plaintiffs' S 1983 claim.

United States v. Snellenberger

Court of Appeals for the Ninth Circuit · Apr 3, 2007

The question is not whether the documents are admissible under general rules of evidence, but whether they are adequate to meet the government’s evidentiary burden of clearly and unequivocally establishing the facts underlying … I agree that abstracts of judgment may not independently establish a qualifying conviction, but I do not believe our case law precludes their use altogether when con- ducting the modified categorical analysis, and especially

White v. San Mateo County

37 F. App'x 280 · Court of Appeals for the Ninth Circuit · Jun 7, 2002

The salary test provides that an employee must be compensated on a genuine salary basis to qualify as an executive subject to the overtime exemption. … The district court held that “the [C]ounty has provided evidence sufficient to demonstrate that "White’s biweekly compensation qualifies as ‘salary under the regulations.”

Estate of James Garcia III v. City of Sacramento

559 F. App'x 615 · Court of Appeals for the Ninth Circuit · Feb 28, 2014

Under the circumstances, it was not clearly established that the Fourth Amendment required Dahl to provide an additional warning before deploying his canine again. See Pearson v. … We may not exercise pendant appellate jurisdiction over such claims, because they are not “inextricably intertwined” with the issue of Dahl’s entitlement to qualified immunity. See Watkins v.

Gary Lee Gunderson v. Robert A. Hood, Warden

268 F.3d 1149 · Court of Appeals for the Ninth Circuit · Oct 23, 2001

It is not clear, however, that the 1997 regulation and program statement are immune from attack on procedural grounds. … The label an agency attaches to its pronouncement is clearly not dispositive. See, e.g., Pickus v. United States Bd. of Parole, 507 F.2d 1107, 1112 (D.C.Cir.1974); Prows v.

Pejic v. Hughes Helicopters, Inc.

840 F.2d 667 · Court of Appeals for the Ninth Circuit · Feb 24, 1988

That decision is not clearly erroneous. … Anderson, 656 F.2d 528, 531 (9th Cir.1981). 67 To establish a prima facie case of age discrimination, Pejic must show: 68 1. he was a member of a protected class; 69 2. he applied for a position for which he was qualified

Childs v. San Diego Family Housing, LLC

Court of Appeals for the Ninth Circuit · Aug 28, 2025

federal enclave, (2) 28 U.S.C. § 1442 (federal officer removal statute) because SDFH and Lincoln operated under the Navy’s oversight and control in dealing with the Childs’ complaints, and (3) 28 U.S.C. § 1442 because SDFH qualifies … Under the fourth factor, whether any person other than the government has a proprietary interest in the alleged agency, the answer is clearly yes.

Dagher v. Saudi Refining Inc.

369 F.3d 1108 · Court of Appeals for the Ninth Circuit · Jun 1, 2004

’ classification simply because it is included in some larger joint venture arrangement that is clearly efficient”). … The simple answer is that the Supreme Court has declined to immunize joint ventures from per se antitrust scrutiny.

Pacific Greyhound Lines v. Zane

160 F.2d 731 · Court of Appeals for the Ninth Circuit · Feb 28, 1947

It *735 must be established by clear, convincing and satisfactory evidence. You can not find fraud to exist on a mere suspicion as to the possibility thereof. … It clearly authorized the jury to find for appellees if constructive fraud was shown by the evidence to have characterized acts of appellant’s agents.