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  • John Randolph Johanne Randolph v. Budget Rent-A-Car, and Saudi Arabian Airlines, John Randolph Johanne Randolph v. Automated Transportation, Inc., Dba, Budget Rent-A-Car ("Budget"), and Saudi Arabian Airlines

    97 F.3d 319 · Court of Appeals for the Ninth Circuit · Sep 23, 1996

    The district court's findings of fact relevant to its determination of subject matter jurisdiction must be accepted unless clearly erroneous. Wang v. … In determining whether this required nexus has been established, the courts focus only on those specific acts that form the basis of the lawsuit.

    Cited 0 timesPublished
  • Ramdas Lamb v. University of Hawaii Mie Watanabae Madaleine Goodman Susan Hippensteele Doe 1-25 Lawrence C. Foster Margaret Maaka

    145 F.3d 1338 · Court of Appeals for the Ninth Circuit · May 28, 1998

    Appellees, on the other hand, maintain that they were entitled to qualified immunity because the boundaries of First Amendment rights in the college classroom have not been clearly established. … Thus, investigating the complaint could not have violated Lamb's clearly established constitutional rights and the district court properly granted the University officials qualified immunity. 14 AFFIRMED. * This disposition

    Cited 0 timesUnpublished
  • Stephanie Garcia v. Comm. of Social Security

    768 F.3d 925 · Court of Appeals for the Ninth Circuit · Sep 23, 2014

    See Listing 12.05(B) (providing that intellectual disability may be established by “[a] valid verbal, performance, or full-scale IQ of 59 or less”). … Garcia’s opening brief, however, clearly raised the issue.

    Cited 224 timesPublished
  • Hendricks v. Bank of America

    Court of Appeals for the Ninth Circuit · May 24, 2005

    The district court concluded that the Hendricks established a sufficient probability of success on the merits, because they established a prima facie case of fraud, which Mutual did not challenge in its opposition to the … Conn. 2001) (explaining that a plaintiff must make a showing of irreparable harm to qualify for a preliminary injunction under Minnesota Statute section 336.5-109 (2000)).

    Cited 0 timesPublished
  • Sherry Howard, on Behalf of Sarah Wolff v. Jo Anne Barnhart, Commissioner, Social Security Administration

    341 F.3d 1006 · Court of Appeals for the Ninth Circuit · Aug 29, 2003

    At this time, Sarah qualified for occupational therapy services. On May 28, 1997, Sarah was evaluated by Dr. … On remand, the ALJ will need to clearly state the appropriate legal standard. III.

    Cited 573 timesPublished
  • Predrag Vukmirovic v. John Ashcroft, Attorney General

    362 F.3d 1247 · Court of Appeals for the Ninth Circuit · Apr 5, 2004

    These skirmishes and their motivations qualify as persecution under the law. … In construing a similar provision, Laipenieks clearly held that individual accountability must be established.

    Cited 68 timesPublished
  • Lonberg v. City of Riverside

    571 F.3d 846 · Court of Appeals for the Ninth Circuit · Jun 26, 2009

    The Court noted that Congress clearly intended § 601 to be enforceable through a private right of action, see id. at 280 , 121 S.Ct. 1511 (citing 42 U.S.C. § 2000d-7, which' “expressly abrogated States’ sovereign immunity … The plain language of § 202 prohibits public entities from discriminating against qualified disabled individuals in its administration of services and programs.

    Cited 27 timesPublished
  • Riedel v. Coldiron & Peeples Oil Co.

    356 F.2d 266 · Court of Appeals for the Ninth Circuit · Jan 14, 1966

    Far from establishing that the referee’s determination constituted an abuse of discretion because clearly arbitrary and utterly lacking rational support, the *269 record is prophetic of a lengthy hearing to resolve a mere … Prior to the passage of the Chandler Act in 1938, the holder of an unliquidated claim was a qualified petitioner.

    Cited 1 timesPublished
  • United States v. Donald Gene Booth

    669 F.2d 1231 · Court of Appeals for the Ninth Circuit · Feb 8, 1982

    Federal Rule of Evidence 702 requires that a witness qualify as an expert “by knowledge, skill, experience, training, or education . . . . ” The government has failed to show that Aho’s training qualifies him as an expert … Aho is qualified as an expert, however, to state that no fingerprints were found on the vehicle.

    Overruled by United States v. Robert James Poole, 794 F.2d 462 (1986)Cited 255 timesPublished
  • Hudnall v. Dudek

    130 F.4th 668 · Court of Appeals for the Ninth Circuit · Mar 7, 2025

    And amended Social Security regulations may qualify as “intervening higher authority.” Id. … and extent of the proofs and evidence . . . to establish the right to benefits.’”

    Cited 28 timesPublished
  • Salvador Shannon v. Timothy Jones

    Court of Appeals for the Ninth Circuit · Jul 10, 2020

    immunity.” … established” law.

    Cited 0 timesUnpublished
  • Relevant Group, LLC v. Stephen Nourmand

    116 F.4th 917 · Court of Appeals for the Ninth Circuit · Sep 5, 2024

    As N&A notes, there are several alleged “proceedings” in this case that may not actually qualify as such for purposes of the POSCO exception because many of the activities are non-judicial. … In establishing its “series” framework, POSCO relied on a fact pattern that involved twenty-nine lawsuits. POSCO, 31 F.3d at 810–11.

    Cited 5 timesPublished
  • United States v. Peter MacKby

    261 F.3d 821 · Court of Appeals for the Ninth Circuit · Aug 16, 2001

    ), or by a qualified physical therapist in independent practice.” … These findings by the district court are not clearly erroneous. B.

    Cited 86 timesPublished
  • Raul Gonzalez, Jr. v. Chandra Spencer Franscell, Strickland, Roberts & Lawrence, a Professional Corporation Los Angeles County

    336 F.3d 832 · Court of Appeals for the Ninth Circuit · May 13, 2003

    Spencer is not entitled to qualified immunity. … I agree with Gonzalez that § 827 establishes the confidentiality of juvenile court case files.

    Abrogated on other grounds by Filarsky v. Delia, 132 S. Ct. 1657 (2012)Cited 30 timesPublished
  • Susana Ferreira v. John Ashcroft, Attorney General Ronald J. Smith

    390 F.3d 1091 · Court of Appeals for the Ninth Circuit · Dec 1, 2004

    If the record of conviction does not establish that the offense the petitioner committed qualifies as an aggravated felony, the government has not met its burden of proving that the defendant committed an aggravated felony … Thus, it punishes conduct that does and conduct that does not qualify as an aggravated felony.

    Abrogated on other grounds by Nijhawan v. Holder, 557 U.S. 29 (2009)Cited 51 timesPublished
  • 98 Cal. Daily Op. Serv. 5249, 98 Daily Journal D.A.R. 7389 Alejandro Madrid, Carlos Lutz, Ronnie Dewberry, Steven Villa, Bruce Vorse, and Moses Johnson v. James Gomez, Steven Cambra, Susan Steinberg, M.D., Robert Ayers, Alejandro Madrid, Carlos Lutz, Ronnie Dewberry, Steven Villa, Bruce Vorse, Moses Johnson, and Salvador Garcia, Intervenor-Plaintiff v. James Gomez, Steven Cambra, Susan Steinberg, M.D., Robert Ayers, and T.K. Boyll, Sgt., Mark Bray, Correctional Officer, John Hagar, Special Master

    150 F.3d 1030 · Court of Appeals for the Ninth Circuit · Jul 2, 1998

    To qualify as a "clear statement," the statutory provision must be unambiguous. See id. at 263 , 114 S.Ct. 1483 . … Rather, ... the stipulation's reference to market rates was simply reflective of the established nature of the law and, hence, the parties' expectations, in light of that established law.

    Cited 0 timesPublished
  • Patrick Allen v. Familycare, Inc.

    Court of Appeals for the Ninth Circuit · Apr 30, 2020

    An official should receive qualified immunity “unless the official’s conduct violated a clearly established constitutional right.” Pearson v. Callahan, 555 U.S. 223, 232, 129 S. Ct. 808, 816, 172 L. Ed. 2d 565 (2009). … immunity because, taking the facts in the light most favorable to FamilyCare,17 it was clearly established that Saxton’s conduct violated the Constitution.

    Cited 0 timesUnpublished
  • Johnson Controls, Inc. v. Phoenix Control Systems, Inc.

    886 F.2d 1173 · Court of Appeals for the Ninth Circuit · Oct 3, 1989

    COPYRIGHT INFRINGEMENT To establish a case of copyright infringement, Johnson must prove ownership of the copyright, and copying of an expression protected by its copyright. Frybarger v. … The district court’s finding of substantial similarity is supported by the record and is not clearly erroneous. B.

    Cited 25 timesPublished
  • AMERICAN FEDERATION OF GOVERNMENT v. Stone

    502 F.3d 1027 · Court of Appeals for the Ninth Circuit · Sep 5, 2007

    It is well established that an organization "may have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself may enjoy." Warth v. … In this case, an increased difficulty in recruiting union members qualifies as a "concrete and demonstrable" injury.

    Cited 1 timesPublished
  • Carepartners LLC v. Pat Lashway

    428 F. App'x 734 · Court of Appeals for the Ninth Circuit · Apr 21, 2011

    We agree with the district court’s conclusions that there would be undue delay and prejudice to the defendants because the defendants had spent almost two years preparing their qualified immunity defenses. … immunity.

    Cited 4 timesUnpublished

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