Case law

Merced Production Credit Ass'n v. Sparkman

703 F.2d 1097 · Court of Appeals for the Ninth Circuit · Apr 11, 1983

. § 2098 ), but sovereign immunity is waived in the “sue-and-be-sued” provision in the statute enumerating the powers of a PCA ( 12 U.S.C. § 2122 (4)). This waiver is to be liberally construed. FHA v. … The pronouncement of the Supreme Court in Burr should control this case: [Wjhen .Congress establishes such an agency, authorizes it to engage in commercial and business transactions with the public, and permits it to “sue

Chaganti v. Ceridian Benefits Services, Inc.

208 F. App'x 541 · Court of Appeals for the Ninth Circuit · Nov 29, 2006

In this case, the Release clearly does not waive future torts. … IV The district court did not err in concluding that Ceridian does not qualify as an ERISA fiduciary.

American Federation of Government Employees Local 1 v. Stone

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

It is well established that an organi- zation “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 demon- strable” injury.

Alanis-Alvarado v. Holder

558 F.3d 833 · Court of Appeals for the Ninth Circuit · Mar 3, 2009

We agree that the record does not establish what portion of the protective order Petitioner violated. … Most of that conduct (e.g., “molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, [and] harassing”) clearly involves violence, threats, or harassment.

Barbara Ann Chrisman v. Sisters of St. Joseph of Peace, an Oregon Corporation Doing Business as Sacred Heart General Hospital

506 F.2d 308 · Court of Appeals for the Ninth Circuit · Nov 21, 1974

compelling an individual or hospital to perform any sterilization procedure if the performance of such procedure is prohibited by the hospital on the basis of religious beliefs or moral convictions. 6 Section 401(b) was clearly … The court also found two other factors (state licensing and tax immunity) that established a connection between the hospital and the State sufficient to support jurisdiction.

United States v. Mayer

530 F.3d 1099 · Court of Appeals for the Ninth Circuit · Jun 30, 2008

Even if we agreed with Mayer that Parry was wrongly decided, a three-judge panel may not overrule the decision of another panel in the absence of intervening Supreme Court case law that is “clearly irreconcilable.” … Gammie, 335 F.3d 889, 900 (9th Cir.2003) (en banc) (holding that a three-judge panel may overrule the decision of another panel if there is intervening Supreme Court case law that is “clearly irreconcilable”). 6 .

Norman Lewis v. Washington State University

586 F. App'x 271 · Court of Appeals for the Ninth Circuit · Nov 24, 2014

The Supreme Court has stated that to establish a property interest in a right or benefit, “a person clearly must have more than an abstract need or desire for it,” and “[h]e must have more than a unilateral expectation … Rather, he must set forth an 1 We need not reach the issues of official immunity or qualified immunity because we conclude that Lewis has not been deprived of a constitutionally protected property right.

Chilkat Indian Village v. Johnson

870 F.2d 1469 · Court of Appeals for the Ninth Circuit · Mar 23, 1989

“The federal nature of the right to be established is decisive — not the source of the. authority .to establish it.” 642 F.2d at 279 (quoting, Littell v. … It clearly appears from the complaint that defendant Michael Johnson and his corporation, Michael R. Johnson, Inc., are non-Indians. .

John Walker v. City of Pocatello

Court of Appeals for the Ninth Circuit · Apr 18, 2019

was clearly established at the time of the incident. … Because the record clearly establishes that these claims will proceed only against the City and not against the Individual Defendants, there was no need for the district court to perform a qualified immunity analysis.

Howard Electric Co. v. International Brotherhood of Electrical Workers Local Union No. 570

423 F.2d 164 · Court of Appeals for the Ninth Circuit · Feb 17, 1970

The rules of construction governing the arbitrability of a particular issue in collective bargaining contracts are now well established. … Claimed breaches of no-strike clauses are no less immune from these rules. In Drake Bakeries, Inc. v.

Hoopa Valley Tribe v. Nevins

881 F.2d 657 · Court of Appeals for the Ninth Circuit · Jul 28, 1989

The Tribe 2 The Hoopa Valley Indian Reservation, the ancestral home of the Hoopa Valley Tribe, was established in 1864 and is the largest and most populous in California. … Nor is the immunity claim distinct from preemption. See Mescalero Apache Tribe v.

Ferguson v. International Ass'n of Bridge, Structural & Ornamental Iron Workers

854 F.2d 1169 · Court of Appeals for the Ninth Circuit · Aug 18, 1988

The district court’s findings that appellants’ purpose was to destroy the union rather than to reform it and that the fines were defensive in nature are not clearly erroneous. … We will not set aside the district court’s findings of fact unless they are clearly erroneous.

United States v. Karen Gagarin

950 F.3d 596 · Court of Appeals for the Ninth Circuit · Feb 13, 2020

Pursuant to a grant of immunity, Gilroy testified at trial that she had asked her cousin Gagarin to “sign [her] up for a policy” after experiencing a health scare. … GAGARIN 13 of identification “without lawful authority” “clearly and unambiguously encompasses situations . . . where an individual grants the defendant permission to possess his or her means of identification

Salazar-De Leon v. Ashcroft

69 F. App'x 851 · Court of Appeals for the Ninth Circuit · Jun 24, 2003

Salazar de Leon has clearly suffered past persecution. … Our cases on this topic are limited, and do not clearly establish what is sufficient to show severe past persecution. We have held that harassment and ostracism by teachers and fellow students do not suffice.

C. W. v. Capistrano Usd

Court of Appeals for the Ninth Circuit · Apr 9, 2015

It is well- established that a school district cannot be sued for damages under § 1983. Belanger v. Madera Unified Sch. … Dist, 963 F.2d 248, 254 (9th Cir. 1992), that a school district in California is an arm of the state for purposes of Eleventh Amendment immunity.

Douglas Dibiasi v. Starbucks Corporation

414 F. App'x 948 · Court of Appeals for the Ninth Circuit · Feb 17, 2011

qualify for immunity; the plain language of Wash. … Accordingly, the district court erred in refusing to grant appellants statutory immunity, mandatory attorneys’ fees and costs, and statutory damages under Wash. Rev.

James A. Sowers v. State Board of Equalization of the State of California

600 F.2d 1254 · Court of Appeals for the Ninth Circuit · Jun 8, 1979

The statute does not clearly grant jurisdiction to the bankruptcy court over penalties, nor does it specifically foreclose it. … The government argued that a claim had to be filed to waive sovereign immunity. That court determined that the bankruptcy court did have jurisdiction to determine the dis-chargeability of taxes. See also Zook v.

Gil Ilano Colmenar,petitioner v. Immigration and Naturalization Service

210 F.3d 967 · Court of Appeals for the Ninth Circuit · Apr 14, 2000

Colmenar was clearly prejudiced by the IJ’s conduct. … But when a petitioner has so clearly been denied a full and fair hearing, we have no choice.

Kyle Zoellner v. City of Arcata

Court of Appeals for the Ninth Circuit · Jun 25, 2024

Zoeller’s deliberate indifference to serious medical needs claim fails because Defendants have qualified immunity. … ‘concentrate on the objective aspects of the [pre- Gordon] constitutional standard’ to evaluate whether the law was clearly established.”

C.W. Ex Rel. K.S. v. Capistrano Unified School District

784 F.3d 1237 · Court of Appeals for the Ninth Circuit · Mar 2, 2015

assessment of the pupil from qualified specialists . . . if the parent or guardian disagrees with an assessment obtained by the public education agency”); 34 C.F.R. § 300.502(a) (same). … It is well- established that a school district cannot be sued for damages under § 1983. Belanger v. Madera Unified Sch.