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

Sat Jagroop Singh Randhawa v. John Ashcroft, Attorney General

298 F.3d 1148 · Court of Appeals for the Ninth Circuit · Aug 13, 2002

The IJ held that his conviction was a deportable “theft offense,” finding that the cases cited by Randhawa which establish that a sentence in a half-way house is not a term of imprisonment do not apply in the immigration … Clearly, the first two paragraphs of § 1708 are no more broad on their face than our settled definition of a theft offense.

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.

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.

Caldrone v. Circle K Stores Inc.

Court of Appeals for the Ninth Circuit · Oct 3, 2025

To establish a prima facie case of age discrimination, plaintiffs must demonstrate that (1) they were at least 40 years old, (2) they were qualified for the position they sought, (3) they were denied the position, and (4) … Motorola, Inc., we held that a plaintiff established a prima facie case because “[h]e was clearly within the protected class, had applied for an available position for which he was qualified, and was denied a promotion which

Garcia v. Holder

659 F.3d 1261 · Court of Appeals for the Ninth Circuit · Nov 2, 2011

. § 1255(h), did not qualify as an admission “in any status” as required by 8 U.S.C. § 1229b(a)(2) and, as a result, found Garcia statutorily ineligible for cancellation of removal because he did not establish seven years … [7] Under the principles established in Garcia-Quintero and the cases that have followed it, we perceive that SIJS- based parolees are similarly situated to FUP participants and qualify as having been “admitted in any

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.

Mota v. Mukasey

543 F.3d 1165 · Court of Appeals for the Ninth Circuit · Sep 17, 2008

However, we are not obligated to accept an interpretation clearly contrary to the plain and sensible meaning of the statute.” Kankamalage v. INS, 335 F.3d 858, 861 (9th Cir.2003) (citation omitted). … To qualify for cancellation of removal, Mota must establish that she: (A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application

LEGAL AID SERVICES OF OR. v. Legal Services Corp.

608 F.3d 1084 · Court of Appeals for the Ninth Circuit · Jun 4, 2010

PREGERSON, Circuit Judge, amended partial dissent: In 1974, Congress established the not-for-profit Legal Services Corporation (“LSC”) for the purpose of distributing grants to enable qualifying legal service organizations … immunity judgment should "use its full knowledge of its own and other relevant precedents”) (internal quotation marks omitted); Agyeman v.

Gary Ramsey v. Esther Muna

Court of Appeals for the Ninth Circuit · Jul 13, 2020

named in his associated claim has qualified immunity. … Ramsey “bears the burden of proving that ‘the right allegedly violated was clearly established at the time of the alleged misconduct.’” Martinez v.

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.

Malcolm Johnson v. Kate Brown

Court of Appeals for the Ninth Circuit · Feb 23, 2024

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Rivas-Villegas v. … Governor Brown and Director Allen are entitled to qualified immunity. 4.

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.

Gordon M. Jackson, Jr. v. The American Bar Association, an Unincorporated Association

538 F.2d 829 · Court of Appeals for the Ninth Circuit · Jun 3, 1976

The first of the two criteria appears clearly inapplicable. Here we have multiple plaintiffs seeking to unite to enforce asserted multiple rights. … We find the facts here to fit the profile established by Moose Lodge rather than Wilmington Parking Authority .

In Re Coldiron And Peeples Oil Company

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

Riedel, the sole petitioning creditor, "was not qualified as a petitioning creditor under Section 59, subdivision b, of the Bankruptcy Act (11 U.S.C.A. 95 b)." … A determination of whether a creditor whose claim clearly exceeds $500 is an eligible petitioner does not appear to entail any serious distraction from the `principal issues.'

Perez-Martin v. Ashcroft

Court of Appeals for the Ninth Circuit · Jan 11, 2005

To qualify for this designation, an alien must establish that he or she resided in the United States and per- formed at least 90 days of “seasonal agricultural services” during the twelve-month period ending on May 1, 1986 … [8] Once Perez came forward with the original Ramirez affidavit verifying that he had worked the requisite number of days of qualifying employment, Perez had clearly “produc[ed] sufficient evidence to show the extent

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.

Giebeler v. Associates

343 F.3d 1143 · Court of Appeals for the Ninth Circuit · Sep 15, 2003

We noted that zoning regulations would not always be immune from FHAA requirements: 46 Courts must ask whether a city's zoning satisfied FHAA standards, or whether a city has to alter neutral zoning policies to reasonably … Besides the fact that § 3604's reasonable accommodations requirement contains no exemption for financial costs to the landlord, [footnote omitted] the history of the FHAA clearly establishes that Congress anticipated that