Case law

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.

United States v. Newsome

221 F. App'x 627 · Court of Appeals for the Ninth Circuit · Feb 23, 2007

Newsome suggests the available record did not adequately establish that he had two qualifying career offender predicate offenses. … Sandoval-Venegas, 292 F.3d 1101, 1108-09 (9th Cir.2002), any ambiguity is resolved by Newsome’s certified judgment of conviction for this offense contained in the record, which clearly establishes that Newsome pled guilty

Hendricks v. Bank of America

Court of Appeals for the Ninth Circuit · Feb 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)).

Ayala v. KC Environmental Health

262 F. App'x 27 · Court of Appeals for the Ninth Circuit · Dec 27, 2007

Since there is no triable issue of whether a constitutional violation occurred, the district court properly found that the individual defendants were entitled to qualified immunity. See Cunningham v. … II To maintain a § 1983 action against a local government, a plaintiff must establish that the alleged constitutional violation was the product of a policy or custom of the local government unit. Monell v.

Jorge Rojas v. Faa

927 F.3d 1046 · Court of Appeals for the Ninth Circuit · Apr 24, 2019

If the records of such organizations, when drawn directly into the regulatory process, are immune from public inspection, then government by secrecy must surely return. … For reasons explained here, the withheld documents plainly qualify for Exemption 5 protection as “intra-agency” memoranda. 28 ROJAS V.

Intel Corporation v. Commissioner

67 F.3d 1445 · Court of Appeals for the Ninth Circuit · Oct 16, 1995

To qualify as a DISC, I.R.C. Sec. 992(a)(1)(A) (1982) required that "95 percent or more of the gross receipts of such corporation consist of qualified export receipts." I.R.C. … Section 994 provides rules for determining the taxable income of a DISC with respect to qualified sales and leases of export property and qualified services.

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.

Melvin Munir v. Thomas

471 F. App'x 570 · Court of Appeals for the Ninth Circuit · Mar 6, 2012

We lack jurisdiction to consider this interlocutory appeal because “an order denying qualified immunity on the ground that a genuine issue of material fact exists is not a final, immediately appealable order.” … , if proven, would establish a violation of Munir’s clearly established Eighth Amendment rights.

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.

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.

Daniella Slater v. Shannon Deasey

Court of Appeals for the Ninth Circuit · Dec 3, 2019

violate clearly established law. … City of Santa Maria, 665 F.3d 1076, 1083 (9th Cir. 2011), we conclude that Defendants are not entitled to qualified immunity.

Ibrahim v. Department of Homeland Security

669 F.3d 983 · Court of Appeals for the Ninth Circuit · Feb 8, 2012

Fleuti, 374 U.S. 449, 450 , 83 S.Ct. 1804 , 10 L.Ed.2d 1000 (1963) (entry after innocent, casual, and brief excursion abroad did not qualify as “entry” for immigration purposes); Kw ong Hai Chew, 344 U.S. at 593-95 , 73 S.Ct … The circumstances of an alien’s departure may cast some light on whether the alien has established, and wishes to maintain, a voluntarily established connection with the United States.

Steven G. Hill Parilea Hill v. Commissioner of Internal Revenue

204 F.3d 1214 · Court of Appeals for the Ninth Circuit · Mar 1, 2000

The Garfield Partnership offered limited partnership units for sale to qualified investors. … underpayment attributable to tax motivated transactions, the rate of interest established under this section shall be 120 percent of the underpayment rate established under this section.”

Rogelio Reyes v. City of Santa Ana

Court of Appeals for the Ninth Circuit · Oct 22, 2020

The district judge found that the Officers had qualified immunity from Appellant’s unlawful arrest claim because their conduct in detaining him did not violate clearly established law, and granted summary judgment for that … On appeal, Appellant argues that the Officers lack qualified immunity from his unreasonable arrest claim because they violated clearly established law in detaining him.

John E. Wiren v. Donald Eide, as District Director of the Bureau of Customs

542 F.2d 757 · Court of Appeals for the Ninth Circuit · Jul 9, 1976

of sovereign immunity such that money damages are available to redress their violation.” … Clearly, the purpose of requiring the bond under the challenged legislation in the case before us was to make certain there would be a fund available to assist in the payment of the expenses of seizure of the property and

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.

Alexander v. City of Menlo Park

787 F.2d 1371 · Court of Appeals for the Ninth Circuit · Apr 24, 1986

Under the test established by Mathews v. Eldridge, 424 U.S. 319, 335 , 96 S.Ct. 893, 903 , 47 L.Ed.2d 18 (1976), Alexander was deprived of that property interest without due process. … Harm due to “mental and emotional distress” is clearly “compensable under 42 U.S.C. § 1983 ,” providing the plaintiff “demonstrate[s] that [his] injury resulted directly from the wrongful deprivation of due process.”

Crider v. Ashcroft

74 F. App'x 729 · Court of Appeals for the Ninth Circuit · Aug 6, 2003

Crider contends that he qualifies under this provision because he was “born outside of the United States” and both of his (later-adopting) parents are citizens. … But Crider clearly was not born outside the United States “of parents both of whom are citizens.” Id. Crider was born of parents neither of whom were or are citizens of the United States.

Samuels v. Holland American Line-USA Inc.

656 F.3d 948 · Court of Appeals for the Ninth Circuit · Sep 2, 2011

It reasoned that Hutchinson was not qualified to testify as an expert given his lack of personal knowledge with regard to Lover’s Beach, his lack of training in beach safety, his failure to establish that he has the requisite … The material portions of Larson’s declaration were similarly stricken “because she [did] not establish[ ] that she is qualified to testify as an expert on the safety or the standard of care for cruise lines.”

United States v. Yepiz

844 F.3d 1070 · Court of Appeals for the Ninth Circuit · Dec 20, 2016

The court here failed to conduct any inquiry with regard to Yepiz’s April letter, though it clearly understood it was bound by such a duty given the speed with which it scheduled hearings regarding Yepiz’s July and September … If Yepiz still qualified as an indigent defendant at the time he sent his April letter, he was also statutorily entitled to appointed counsel under the CJA. Brown, 785 F.3d at 1346 .