Case law

City of Tucson v. U.S. West Communications, Inc., a Colorado Corporation, Now Known as Qwest Corporation v. Martha Chase, Ex Rel State of Arizona, County Attorney for Santa Cruz County County of Santa Cruz, Plaintiffs-Intervenors-Appellees

284 F.3d 1128 · Court of Appeals for the Ninth Circuit · Mar 26, 2002

Yet, the language of " § 1447(d) must be read in pari materia with § 1447(c), so that only remands based on grounds specified in § 1447(c) are immune from review under § 1447(d)." Things Remembered Inc. v. … A.R.S. §§ 9-499.01 (establishing that a municipality may not grant a franchise without the consent of a majority of the qualified voters), 12-2041, -2042, -2043.

Diaz v. Baca

203 F. App'x 884 · Court of Appeals for the Ninth Circuit · Nov 2, 2006

established Federal law,” as determined by the Supreme Court. 28 U.S.C. § 2254 (d)(1). … Accordingly, the state court decision was not “contrary to, or involved an unreasonable application of, clearly established Federal law,” as required by § 2254(d)(1).

Kahawaiolaa v. Norton

386 F.3d 1271 · Court of Appeals for the Ninth Circuit · Oct 27, 2004

commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly … Mancari, the Supreme Court explained that employment preferences for certain qualified Indians in the Bureau of Indian Affairs, did not constitute "racial discrimination," or even a "racial" preference. 417 U.S. 535, 553-

Jenks v. Hull

67 F.3d 307 · Court of Appeals for the Ninth Circuit · Sep 28, 1995

the Jenkses failed to show that the contours of their constitutional right to family integrity were clearly established at the time of the alleged violation. 6 The doctrine of qualified immunity is intended to provide government … "Government officials performing discretionary functions enjoy qualified immunity from civil damages so long as their conduct does not violate 'clearly established statutory or constitutional rights of which a reasonable

Bates v. UPS

Court of Appeals for the Ninth Circuit · Dec 27, 2007

The court further con- cluded that Bates did not have the burden to establish at that stage that any plaintiffs were “qualified” in the sense that they were capable of driving safely. … The statute does not require that a person meet each of an employer’s established “qualification standards,” however, to show that he is “qualified.”

Rodrigo Turijan v. Eric Holder, Jr.

744 F.3d 617 · Court of Appeals for the Ninth Circuit · Mar 10, 2014

This realistic probability can be established by showing that, in at least one other case, the state courts in fact did apply the statute in the special (nongeneric) manner .... … categorical crime of moral turpitude . . . even though California courts have held the contrary under their evidentiary standard for purposes of impeachment of a defendant”) (emphasis in original). 4 While the situation was clearly

United States v. Richard Aichele

941 F.2d 761 · Court of Appeals for the Ninth Circuit · Jul 30, 1991

839, 840-41 (9th Cir.1990) (per curiam) (following Perez-Franco); Oliveras, 905 F.2d at 626 (defendant’s statements to probation officer in presen-tence proceedings admissible in subsequent criminal prosecutions unless immunized … I would therefore vacate his sentence and remand with instructions that the district court give defendant an opportunity to qualify for the two-level reduction for acceptance of responsibility.

United States v. Flores-Correa

152 F. App'x 656 · Court of Appeals for the Ninth Circuit · Nov 2, 2005

He contends that the government failed to meet its burden of establishing that his 1988 drug conviction under Cal. … We conclude that the documents and judicially noticeable facts presented to the district court do not satisfy the government’s burden of establishing “clearly and unequivocally” — not merely by a preponderance of the evidence

Local 246 Utility Workers Union of America v. Southern California Edison Co.

83 F.3d 292 · Court of Appeals for the Ninth Circuit · May 6, 1996

We conclude, however, that the supplemental payments fail to qualify as “similar payments which are not made as compensation for [the employee’s] hours of employment.” … Here,-the employees’ claim against Edison is clearly based on the statute; there is no dispute over what the Agreement or Plan provides.

Michelle Lindahl v. Air France, a French Corporation

930 F.2d 1434 · Court of Appeals for the Ninth Circuit · Apr 22, 1991

After considering their qualifications, Kershaw told Lindahl that she was the most qualified and would be given the promotion. … The plaintiff can establish a prima facie case by showing, for example, that she belongs to a protected group, that she applied and was qualified for a job which was open for applications, that she was rejected, and that

Sabil M. Mujahid v. George Sumner

996 F.2d 1226 · Court of Appeals for the Ninth Circuit · Jun 28, 1993

did not have a clearly established right to do so. … This contention lacks merit. 6 Prison officials are entitled to qualified immunity unless their conduct "violates clearly established statutory or constitutional rights of which a reasonable person would have known."

Larry L. Jones Janet Jones v. Etrade Mortgage Corporation Etrade Bank

397 F.3d 810 · Court of Appeals for the Ninth Circuit · Feb 11, 2005

It identified the Joneses and their property and established a loan amount of $201,000 at an interest rate of 7.25 percent. … To that end, the law requires creditors to “clearly and conspicuously disclose” borrowers’ rights to rescind a home mortgage loan, in accordance with regulations of the Federal Reserve Board. 15 U.S.C. § 1635 (a).

Linda Messick v. Novartis Pharmaceuticals Corp.

747 F.3d 1193 · Court of Appeals for the Ninth Circuit · Apr 4, 2014

Other potential causes of osteonecrosis of the jaw (“ONJ”) may include: peridontal and dental disease, osteomyelitis, corticosteroid use, cancer, radiation therapy, compromised immunity, and trauma. … A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert’s scientific, technical

Pritikin v. Department Of Energy

254 F.3d 791 · Court of Appeals for the Ninth Circuit · Jun 13, 2001

Here, DOE qualifies as a PRP under §§ 9607(a)(4) because, as the owner of the Hanford site, it accepted hazardous substances for transport. 8 The 1986 Superfund Amendments and Reauthorization Act ("SARA") established ATSDR … Section 9620 waives the federal government's sovereign immunity and makes those federal departments and agencies which qualify as PRPs subject to §§ 9607 liability.

United States v. Flora Espino

892 F.3d 1048 · Court of Appeals for the Ninth Circuit · Jun 18, 2018

To assist him with qualifying for this loan, he worked with a broker named Jesse Rodriguez to prepare the loan application with a substantially inflated income. … The jury instructions taken as a whole, read in conjunction with the verdict form, clearly outlined the burdens of proof and the reasonable doubt standard.

Eie Guam Corporation, a Guam Corporation v. The Long Term Credit Bank of Japan, Ltd., Now Known as the Shinsei Bank, Ltd., a Japanese Corporation and the Resolution and Collection Corporation, a Japanese Corporation, Eie Guam Corporation, a Guam Corporation v. The Long Term Credit Bank of Japan, Ltd., Now Known as the Shinsei Bank, Ltd., a Japanese Corporation and the Resolution and Collection Corporation, a Japanese Corporation

322 F.3d 635 · Court of Appeals for the Ninth Circuit · Feb 27, 2003

EIEG clearly is asserting a claim against the RCC, even though EIEG did not explicitly name the RCC as a defendant. … See Jonathan Remy Nash, Pendent Party Jurisdiction Under the Foreign Sovereign Immunities Act, 16 B.U. Int'l L.J. 71 , 75 (1998).

98 Cal. Daily Op. Serv. 7387, 98 Daily Journal D.A.R. 10,270, 98 Daily Journal D.A.R. 11,957 Lucille Moreland, Demarrion Quintrell Jett and Dominisha Lanae Jett, Two Minor Children, by and Through Annette Lavon Jett, as Their Natural Mother and General Guardian v. Las Vegas Metropolitan Police Department Officer James G. Burns Officer Jack W. Pope

159 F.3d 365 · Court of Appeals for the Ninth Circuit · Nov 24, 1998

Absent supporting evidence, allegations such as these are insufficient to carry a plaintiff's burden on summary judgment of identifying sufficient evidence to establish a genuine issue of material fact on a challenged element … (emphasis added). 4 We do not reach the qualified immunity question on which the district court based its decision because "the better approach to resolving cases in which the defense of qualified immunity is raised is to

United States v. William T. Taylor, United States of America v. Billy J. Florence

693 F.2d 919 · Court of Appeals for the Ninth Circuit · Dec 1, 1982

Applying the “clearly erroneous” standard, United States v. Wilson, 639 F.2d 500, 503 (9th Cir.1981), we affirm the court’s ruling. … The remaining portion stating that Taylor would not participate in a strike was clearly admissible.

Rendon v. Mukasey

516 F.3d 1087 · Court of Appeals for the Ninth Circuit · Feb 15, 2008

We conclude that it does and therefore it qualifies as an aggravated felony under the immigration laws. I. … Furthermore, the IJ's order very clearly identifies the Utah conviction as the basis for removal.

Basant Sidhu v. S. Garcia

459 F. App'x 613 · Court of Appeals for the Ninth Circuit · Nov 22, 2011

In order to determine if qualified immunity applies, a two-part inquiry should be conducted: (1) did an officer’s conduct violate a constitutional right; and (2) was the right which was violated clearly established at the … If an officer did not violate a constitutional right, then that officer is entitled to qualified immunity. Id.