Case law

Lowenschuss v. Selnick (In re Lowenschuss)

171 F.3d 673 · Court of Appeals for the Ninth Circuit · Mar 17, 1999

In addition, even if the Pension Plan Trustee could establish the same parties requirement, res judicata would not help the Pension Plan Trustee’s cause. … However, after reviewing the record, we find that the district court did not clearly err because neither of Debtor’s sons could have qualified as an employee-participant in the Pension Plan on the petition date.

Lynn Noyes v. Kelly Services, a Corporation

488 F.3d 1163 · Court of Appeals for the Ninth Circuit · May 29, 2007

been established. 411 U.S. 792, 802-04 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). … Mary’s Honor clearly does not alter the burden on summary judgment. In St.

Monet v. Underwood

Court of Appeals for the Ninth Circuit · Feb 13, 2026

immunity. … Briggs, 475 U.S. 335, 341 (1986) (holding that qualified immunity “provides ample protection to all but the plainly incompetent or those who knowingly violate the law”); see also Hyde v.

Lucky Stores, Inc. And Subsidiaries v. Commissioner of Internal Revenue

153 F.3d 964 · Court of Appeals for the Ninth Circuit · Aug 20, 1998

The first payment that Lucky made after the end of the 1986 taxable year was clearly “on account of’ that year because the payment was required under the collective bargaining agreements for hours worked by covered employees … Nor could the IRS establish a binding practice in conflict with § 404(a)(6).

Delange v. Dutra Const. Co., Inc.

183 F.3d 916 · Court of Appeals for the Ninth Circuit · Jun 11, 1999

Papai held that a Jones Act plaintiff who had been hired to perform a one-day painting job aboard a tug established "the sort of `transitory or sporadic' connection to a vessel or group of vessels that . . . does not qualify … III. 15 The LHWCA establishes a worker's compensation regime for workers injured while "engaged in maritime employment." 33 U.S.C. S 902 (3).

United States v. Phoday Phattey

943 F.3d 1277 · Court of Appeals for the Ninth Circuit · Dec 5, 2019

PHATTEY later presented matching fingerprints from the asylum applications of Foday Fatty and Phoday Phattey to establish that the two are the same person. … Under the principles set out in Kokesh, revocation of citizenship does not qualify as a “penalty.”

43 Fair empl.prac.cas. 483, 42 Empl. Prac. Dec. P 36,917 Thanh Lucia Rathgeb v. Air Cal, Inc., a California Corp., Transport Worker Union of America Local 505

812 F.2d 567 · Court of Appeals for the Ninth Circuit · Mar 12, 1987

respective classifications," even if the employees did not meet the qualifications established by the CBA for a particular skill area. 4 Rathgeb was hired by Air Cal as a seamstress in October 1977. … The district court's conclusion to the contrary is clearly erroneous. 15 The district court's ultimate conclusion that Rathgeb had failed to bear her burden of proving discrimination was clearly based on its mistaken conclusion

Sean Kennedy v. Las Vegas Sands Corporation

110 F.4th 1136 · Court of Appeals for the Ninth Circuit · Aug 1, 2024

The checklists and established procedures do not strip the Pilots of discretion. … The district court’s factual findings on this issue were not clearly erroneous. It found that there was no evidence in the record of an agreement to pay the Pilots for on-call time.

Edwards v. Heckler

789 F.2d 659 · Court of Appeals for the Ninth Circuit · Sep 13, 1985

The Secretary appeals the judgment establishing the new standard and the parties cross-appeal the attorney's fee award. … Whether the unconstitutionality of section 411(a)(5)(A) was “clearly foreshadowed” prior to Frontiero is but one factor.

Carbonell v. Immigration & Naturalization Service

429 F.3d 894 · Court of Appeals for the Ninth Circuit · Nov 17, 2005

INS lawsuit “lacks the necessary judicial imprimatur” for a plain- tiff to qualify as a prevailing party. … Its authority to do so clearly establishes a ‘judicially sanctioned change in the legal relationship of the parties,’ as required by Buckhannon, because the plaintiff thereafter may return to court to have the settlement

John M. Quarty, Personal Representative of the Estate of Angele C. Quarty Elizabeth B. Cherne v. United States

170 F.3d 961 · Court of Appeals for the Ninth Circuit · Mar 30, 1999

"{A] waiver of the Government's sovereign immunity will be strictly construed, in terms of its scope, in favor of the sovereign." Lane v. … United States, 64 F.3d 456, 458 (9th Cir.1995) (noting that conditions attached to legislation waiving sovereign immunity must be strictly observed).

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA, Defendant-Appellee

535 F.2d 533 · Court of Appeals for the Ninth Circuit · May 11, 1976

Also, the Johnson Court did not qualify its holding according to the type of relief sought. … Clearly the cause of action “accrues” on the last date on which the allegedly unlawful act or practice occurs. Collins v.

Jackson v. Gomez

142 F.3d 443 · Court of Appeals for the Ninth Circuit · Apr 23, 1998

The prison officials in this case were entitled to qualified immunity. They did not deprive plaintiffs of a clearly established right. … The district court's denial of summary judgment on the issue of the prison officials' qualified immunity is REVERSED. We remand for entry of summary judgment granting qualified immunity.

Price v. Akaka

928 F.2d 824 · Court of Appeals for the Ninth Circuit · Mar 21, 1991

Clearly, under Sec. 1983, a plaintiff may sue a state officer in his individual capacity for alleged wrongs committed by the officer in his official capacity. … The defendants therefore do not share the state's immunity from this suit

Daniel Humberto Chavez-Perez v. John Ashcroft, Attorney General

386 F.3d 1284 · Court of Appeals for the Ninth Circuit · Oct 27, 2004

INS, 36 F.3d 801, 811-12 (9th Cir.1994) (establishing the corollary rule that persons found guilty under state law who would not have qualified under the FFOA were not entitled to receive favorable immigration treatment, … even if they did qualify for expungement under state law).

Steven McClam, II v. Franz Verhelst

Court of Appeals for the Ninth Circuit · Apr 7, 2022

s clearly established constitutional rights. … to qualified immunity.

Humberto Alvarez-Machain v. United States of America Hector Berellez Bill Waters Pete Gruden Jack Lawn Antonio Garate-Bustamante Francisco Sosa, and Five Unnamed Mexican Nationals Currently in the Federal Witness Protection Program, Humberto Alvarez-Machain v. Francisco Sosa, and Five Unnamed Mexican Nationals Currently in the Federal Witness Protection Program

331 F.3d 604 · Court of Appeals for the Ninth Circuit · Jun 3, 2003

We begin with a well-established canon of construction. … The powers of customs officials on the high seas have likewise been clearly articulated.

United States v. Glatfelter

51 F. App'x 780 · Court of Appeals for the Ninth Circuit · Dec 5, 2002

. § 841 (a)(1); establishing a manufacturing operation in violation of 21 U.S.C. §’856(a)(1); endangering human life while manufacturing a controlled substance in violation of 21 U.S.C. § 858 ; and possession of firearms … Although in “rare situations” a defendant that goes to trial nonetheless will qualify for this adjustment, the district court did not clearly err in concluding that the adjustment did not apply in this case.

Gonzalez v. Las Vegas Metropolitan Police Department

445 F. App'x 961 · Court of Appeals for the Ninth Circuit · Aug 3, 2011

An official is entitled to qualified immunity unless the official's conduct violated a clearly established constitutional right. Pearson v. Callahan, 129 S.Ct. 808, 816 (2009). … Analysis of whether an officer is entitled to qualified immunity requires two steps.

Rachel Benjamin v. Stevens County

Court of Appeals for the Ninth Circuit · Dec 16, 2020

In light of our precedent, we affirm the district court’s grant of summary judgment for Walsh and Border on the ground of qualified immunity. … To overcome a defense of qualified immunity, Benjamin must show that she “suffered a deprivation of a constitutional or statutory right,” and that the “right was clearly established at the time of the alleged misconduct