Case law

Qualls ex rel. Qualls v. Blue Cross of California, Inc.

22 F.3d 839 · Court of Appeals for the Ninth Circuit · Apr 26, 1994

But the Blue Cross agreement clearly falls within the bare requirements for an ERISA plan provided by Halifax. … In the declaration, the attorney alleged that she needed additional discovery in order “to establish beyond question that the group health insurance policy purchased for Saddleback and its employees was not a ‘qualified retirement

Anderson v. Central Point School District No. 6

746 F.2d 505 · Court of Appeals for the Ninth Circuit · Oct 29, 1984

Applying that test here, the letter clearly addresses a matter of public concern. … The district court correctly held that it was “clearly established” in March 1981 that teachers cannot be disciplined for exercising their first amendment rights.

Tall v. Mukasey

517 F.3d 1115 · Court of Appeals for the Ninth Circuit · Feb 27, 2008

“To determine whether a conviction is for a crime involving moral turpitude, we apply the categorical and modified categorical approaches established by the Supreme Court.” Navarro-Lopez v. … “A crime having as an element the intent to defraud is clearly a crime involving moral turpitude.” Id. (internal quotation omitted).

United States v. Duane Nishiie

996 F.3d 1013 · Court of Appeals for the Ninth Circuit · May 12, 2021

United States, 409 U.S. 151, 162 (1972) (stating “a well-established principle governing the interpretation of provisions altered in the 1948 revision is that ‘no change is to be presumed unless clearly expressed’”) (citation … (“By constitutional design, the branch that is qualified to establish . . . policy and check any excesses in the implementation of that policy is Congress.”) (citing City & Cnty. of San Francisco v. U.S.

Mitchell B. Haisten, Individually and as the Administrator of the Estate of Jean E. Haisten v. Grass Valley Medical Reimbursement Fund, Ltd.

784 F.2d 1392 · Court of Appeals for the Ninth Circuit · Mar 17, 1986

We have established a three-part test for determining whether such limited jurisdiction may be exercised: 1. … Clearly, Haisten, a claimant injured from the insured’s malpractice, falls within the scope of the statute.

Singh v. Ilchert

69 F.3d 375 · Court of Appeals for the Ninth Circuit · Nov 1, 1995

In this case, the BIA found that Singh did not qualify as a refugee because his past persecution was not “on account of’ his political opinion. … Here, Singh clearly was persecuted on account of imputed political opinion. Singh was tortured by the police because they thought he was a supporter of the Sikh separatists.

John-Charles v. California

646 F.3d 1243 · Court of Appeals for the Ninth Circuit · Jul 22, 2011

Finally, for purposes of § 2254(d)(1), the Supreme Court precedent at issue must be “clearly established.” … We disagree; in fact, John-Charles’s position lacks even a toehold in clearly established Supreme Court precedent.

Wendell O. Meeks v. James H. Gomez Eddie Myers, Warden Dr. Blair

107 F.3d 16 · Court of Appeals for the Ninth Circuit · Feb 6, 1997

The court also denied defendants' second motion for summary judgment on qualified immunity grounds, reasoning that the factual dispute as to deliberate indifference precluded it from granting summary judgment on qualified … immunity.

United States v. William E. McLaughlin

663 F.2d 949 · Court of Appeals for the Ninth Circuit · Dec 14, 1981

The contract established a payment scale which placed a ceiling on the. hourly compensation paid to carpenters. The Union wanted the ceiling as a means of preventing piecework by more highly skilled carpenters. … In enacting § 530, Congress clearly looked to the taxpayer’s treatment of the individual, not to particular payments to an individual. The legislative history of the section confirms this.

Greenhorn Farms v. Espy

39 F.3d 963 · Court of Appeals for the Ninth Circuit · Nov 2, 1994

This provision authorizes the Secretary to establish “de minimis yields” below which a crop loss is to be treated as total. … Greenhorn points out that, to qualify for disaster payments based on reduced quality under section 205, a farmer must also qualify for disaster payments based on reduced quantity. See Pub.L. No. 100-387, § 205 (b).

New York Life Ins. v. Rutherford

284 F. 707 · Court of Appeals for the Ninth Circuit · Nov 20, 1922

It is equally well established that the contract of insurance may not be qualified or limited by private instructions from the insurer to its agent. Fried v. Royal Ins. Co., 50 N. Y. 243 ; Going v. Ins. Co., 58 S. … A.) 275 Fed. 657 , but that case is clearly distinguishable from the case at bar in that the insurance there under consideration was not to take effect unless the policy were delivered and received during the lifetime and

Beck v. United Food and Commercial Workers Union

506 F.3d 874 · Court of Appeals for the Ninth Circuit · Nov 1, 2007

Based on our review of the record, the district court’s findings are not clearly erroneous. … . *886 III In sum, we hold that the district court’s inference of discriminatory intent was not clearly erroneous, and accordingly we affirm the district court’s judgment on Beck’s Title VII claim.

United States v. Benjamin Galecki

Court of Appeals for the Ninth Circuit · Dec 27, 2023

GALECKI 17 establish probable cause. … Amendment right against self-incrimination with the purpose of distorting the fact-finding process; or (b) the prosecution granted immunity to a government witness in order to obtain that witness’s testimony, but denied immunity

United States v. Miguel Angel Arellano-Torres

303 F.3d 1173 · Court of Appeals for the Ninth Circuit · Sep 18, 2002

If NRS 453.336 “reaches both conduct that would [be punishable under the Controlled Substances Act] and conduct that would not,” we may examine “documentation or judicially noticeable facts that clearly establish that the … Unlike Arizona, which has clearly limited punishment of first-time drug possession offenders to probation, Nevada has not.

Coos County Board of County Commissioners v. Kempthorne

531 F.3d 792 · Court of Appeals for the Ninth Circuit · Jun 25, 2008

And, because the citizen suit provisions of those statutes act to waive fed- eral sovereign immunity, and Coos County had not stated a claim under those provisions, immunity was not waived. … Because “[t]he United States must waive its sovereign immunity before a federal court may adjudicate a claim brought against a federal agency,” and has done so through the above-discussed ESA and APA provisions, to “establish

Tovar v. Billmeyer

609 F.2d 1291 · Court of Appeals for the Ninth Circuit · Nov 6, 1979

Even if not controlling under the law of the case doctrine, this reservation and its recognition clearly serves to rebut any allegation that the appellants “freely and without reservation submitted their federal claims for … Pape with regard to municipal immunity in section 1983 cases, did nothing to undermine the vitality of this general principle. Neither Younger v. Harris, supra, nor Juidice v. Vail, supra, has altered that law.

Kristine Phillips v. Marion County Sheriff's Office

494 F. App'x 797 · Court of Appeals for the Ninth Circuit · Oct 15, 2012

protected property interest in the arbitration award granting reinstatement of her employment and that Defendant Isham was entitled to qualified immunity. … As for whether Isham should be entitled to qualified immunity, the only question is whether it was clearly established that Isham had to abide by the arbitrator’s award.

The Chippewa Cree Tribe v. Usdoi

900 F.3d 1152 · Court of Appeals for the Ninth Circuit · Aug 21, 2018

To qualify as an “employee,” ARRA requires only that “an individual perform[] services on behalf of an employer.” § 1553(g)(3)(A), 123 Stat. at 301. … The Tribe seems to assume that this timing immunizes it because any prohibited reprisal would have to have taken  CHIPPEWA CREE TRIBE V.

United States v. Hernandez-Hernandez

374 F.3d 808 · Court of Appeals for the Ninth Circuit · Jun 30, 2004

In the stipulated 995 Motion, Hernandez-Hernandez admitted to a particular set of facts that clearly involve violence and the use of force. … The district court properly applied this enhancement because Hernandez-Hernandez’s prior convictions for false imprisonment qualify as “crime[s] of violence.”

County of Amador v. United States Department of the Interior

872 F.3d 1012 · Court of Appeals for the Ninth Circuit · Oct 6, 2017

Commission] retains full discretion to qualify, withdraw or modify such opinions. … It is this grandfather provision that Interior invoked in 2012 when it decided that the Band qualified as a “restored tribe.”