Case law
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1.81s
Court of Appeals for the Ninth Circuit · Feb 19, 2020
Plaintiffs’ First Amendment rights were clearly established by 2012, when the first termination occurred. … It also was clearly established at least by 2009 that the scope and content of Plaintiffs’ job duties are questions of fact.
Cited 0 timesUnpublishedRobert William Wallace v. Carl G. Hocker, Warden, the Nevada State Prison
441 F.2d 219 · Court of Appeals for the Ninth Circuit · Apr 13, 1971
In the course of the trial, the prosecution presented expert psychiatric testimony in the form of responses of a qualified psychiatrist to hypothetical questions. … A conviction cannot be sustained in the face of a claim that it was the product of the improper admission of self-incriminating statements of the defendant, unless the record clearly establishes compliance with Jackson.
Cited 11 timesPublished977 F.2d 587 · Court of Appeals for the Ninth Circuit · Oct 9, 1992
Under Mitchell, the procedure is as follows: 4 Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement … Even if the plaintiff's complaint adequately alleges the commission of acts that violated clearly established law, the defendant is entitled to summary judgment if discovery fails to uncover evidence sufficient to create
Cited 0 timesUnpublishedJohnson Controls, Inc. v. Phoenix Control Systems, Inc.
886 F.2d 1173 · Court of Appeals for the Ninth Circuit · Oct 3, 1989
COPYRIGHT INFRINGEMENT 6 To establish a case of copyright infringement, Johnson must prove ownership of the copyright, and copying of an expression protected by its copyright. Frybarger v. … The district court's finding of substantial similarity is supported by the record and is not clearly erroneous. 14 B.
Cited 9 timesPublishedUnited States Internal Revenue Service, Creditor-Appellee v. Donald Snyder, Debtor-Appellant
343 F.3d 1171 · Court of Appeals for the Ninth Circuit · Sep 15, 2003
Cases agreeing with Snyder’s position include In re Wingfield, 284 B.R. 787, 790 (E.D.Va.2002) (“The debtor’s interest in his ... plan is not property of the estate for the purposes of establishing the IRS’s secured claim … be treated as secured because it does not have a ‘lien on property in which the estate has an interest,’ as required by 506(a).”); and In re Wilson, 206 B.R. 808, 810 (Bankr.W.D.N.C.1996) (“[A] federal retirement plan is clearly
Cited 27 timesPublishedUnited States v. Marquez-Lerma
203 F. App'x 1 · Court of Appeals for the Ninth Circuit · Sep 27, 2006
Rodriguez-Preciado, 399 F.3d 1118, 1127-28 (9th Cir.2005). 2 That finding was not clearly erroneous. 2. … The court also received the use immunity letters into evidence.
Cited 0 timesPublished146 F.3d 1177 · Court of Appeals for the Ninth Circuit · Jul 2, 1998
B. 28 Having determined that the milk compositional standards are immune from Commerce Clause challenge, we now turn to the pricing and pooling laws. … Shamrock contends that California has no legitimate interest in requiring milk to have a certain level of SNF or in establishing pricing and pooling laws. We do not agree.
Cited 0 timesPublishedAmy Roloff v. Washington County
544 F. App'x 780 · Court of Appeals for the Ninth Circuit · Nov 14, 2013
immunity because precedent in 2010 did not clearly establish that his actions violated the Fourth Amendment. … Ct. 1409, 1414 (2013), had not been decided at the time of Wheeler’s entry onto the Roloffs’ property, and thus play no role in our qualified immunity analysis. 3 did not abuse
Cited 0 timesUnpublishedGregory Dickens v. Charles L. Ryan
740 F.3d 1302 · Court of Appeals for the Ninth Circuit · Jan 23, 2014
The Arizona Supreme Court correctly identified Enmund and Tison as the clearly established federal law governing Dickens’s claim. … Supreme Court precedent, and we know of none, clearly establishing this principle.
Abrogated on other grounds by Shinn v. Martinez Ramirez, 596 U.S. 366 (2022)Cited 263 timesPublishedMary Riggs v. Airbus Helicopters, Inc.
939 F.3d 981 · Court of Appeals for the Ninth Circuit · Sep 20, 2019
We are content to rely on the more clearly articulated common analyses from Watson, Goncalves, and Fidelitad focusing on whether the private entity is engaged in mere compliance with federal regulations. … Accordingly, [the Act] authorizes the Secretary to delegate certain inspection and certification responsibilities to properly qualified private persons.”).
Cited 26 timesPublishedLionel Bogle v. Merrick Garland
21 F.4th 637 · Court of Appeals for the Ninth Circuit · Dec 29, 2021
We further conclude that the circumstances specific to this case clearly establish that the amount of marijuana in Bogle’s possession exceeded thirty grams. 8 BOGLE V. … The circumstances specific to this case clearly establish that Bogle knowingly possessed more than thirty grams of marijuana.
Cited 7 timesPublished136 F.3d 1345 · Court of Appeals for the Ninth Circuit · Feb 27, 1998
Therefore, I respectfully dissent and would not reach the question of qualified immunity, which the majority discusses in Part III. … This court has held that remarks made by counsel in chambers, discussion of law in pretrial memoranda and mere submission of proposed instructions did not clearly show that the issue was focused before the court.
Cited 22 timesPublishedCourt of Appeals for the Ninth Circuit · Dec 23, 2025
The party seeking a stay pending appeal—here, the government— bears the burden of establishing that these factors favor a stay. See id. at 433–34. … challenge to HHS regulations interpreting Title X’s prohibition on funding for abortion services), and Regan (where plaintiffs brought a facial challenge to the IRS’s requirement that organizations refrain from lobbying to qualify
Cited 0 timesPublished705 F.3d 856 · Court of Appeals for the Ninth Circuit · Aug 7, 2012
Additionally, the setting of minimum rates by means of formulas established in the FMMOs is a matter which clearly falls within an area of USDA expertise, which most courts would not possess. … Further, the holding of that case was that the defendants could not establish immunity from antitrust claims on the simple basis that the Secretary had “tacitly” approved the higher maturity standards they issued by his failing
Cited 29 timesPublishedRony Perez-Guzman v. Loretta E. Lynch
835 F.3d 1066 · Court of Appeals for the Ninth Circuit · Aug 31, 2016
If one subsection’s text were clearly intended to take precedence over the other, our inquiry would be at an end. That both provisions are qualified in certain respects moves us no closer to a clear answer. … Both provisions appear to establish broad and conflicting rules.
Cited 70 timesPublished610 F.2d 629 · Court of Appeals for the Ninth Circuit · Jan 2, 1980
As of February 1, 1977, the NIC was administering 583 pensions that qualified for the 20 percent cost-of-living increases. … The Supreme Court has clearly indicated that all simple residency requirements are not free from constitutional infirmity.
Cited 1 timesPublished395 F.3d 1158 · Court of Appeals for the Ninth Circuit · Jan 31, 2005
Clearly, Salgado-Diaz’s arrest and expulsion had a prejudicial impact on his underlying immigration proceedings. … The INS is correct that petitioner would not qualify for relief under IIRIRA’s rules, which took effect in April 1997.
Cited 57 timesPublishedMcBride v. PLM International, Inc.
179 F.3d 737 · Court of Appeals for the Ninth Circuit · Jun 4, 1999
“This statute is clearly meant to protect whistleblowers.” Hashimoto v. Bank of Hawaii, 999 F.2d 408, 411 (9th Cir.1993). … To hold otherwise would allow an employer’s wrongful conduct to immunize it from federal liability.
Cited 28 timesPublished373 F.3d 998 · Court of Appeals for the Ninth Circuit · Jun 25, 2004
Though the existence of a “genuine dispute” will generally immunize an insurer from liability, a jury’s finding that an insurer’s investigation of a claim was biased may preclude a finding that the insurer was engaged in … Defendants respond to Caliri's testimony by stating that under California law the insurer has no obligation to inform the insured about benefits set forth clearly in the policy.
Cited 647 timesPublished656 F.3d 954 · Court of Appeals for the Ninth Circuit · Sep 2, 2011
After the petition is filed, CIS determines if it establishes a qualifying relationship between the citizen or LPR petitioner and the alien relative beneficiary. … If an I-130 petition establishes one of these qualifying relationships, CIS approves it and places the alien beneficiary “in line” in the appropriate preference category.
Cited 5 timesPublished
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