Case law
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2.17s
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 timesPublished145 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 timesUnpublishedStephanie 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 timesPublishedCourt 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 timesPublished341 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 timesPublishedPredrag 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 timesPublished571 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 timesPublishedRiedel 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 timesPublishedUnited 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 timesPublished130 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 timesPublishedSalvador Shannon v. Timothy Jones
Court of Appeals for the Ninth Circuit · Jul 10, 2020
immunity.” … established” law.
Cited 0 timesUnpublishedRelevant 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 timesPublished261 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 timesPublished336 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 timesPublishedSusana 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 timesPublished150 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 timesPublishedPatrick 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 timesUnpublishedJohnson 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 timesPublishedAMERICAN 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 timesPublishedCarepartners 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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