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  • Walt Hunter v. Daniel Hughes

    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 timesUnpublished
  • Robert 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 timesPublished
  • Avina v. City of Inglewood

    977 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 timesUnpublished
  • Johnson 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 timesPublished
  • United 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 timesPublished
  • United 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 timesPublished
  • 98 Cal. Daily Op. Serv. 5256, 98 Daily Journal D.A.R. 7395 Shamrock Farms Company and Shamrock Foods Company v. Ann M. Veneman, Secretary, Department of Food & Agriculture, State of California, Richard Tate, Chief, Milk and Dairy Foods Control Branch, Division of Animal Industry, Department of Food & Agriculture, State of California

    146 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 timesPublished
  • Amy 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 timesUnpublished
  • Gregory 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 timesPublished
  • Mary 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 timesPublished
  • Lionel 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 timesPublished
  • Gulliford v. Pierce County

    136 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 timesPublished
  • Thakur v. Trump

    Court 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 timesPublished
  • Carlin v. DairyAmerica, Inc.

    705 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 timesPublished
  • Rony 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 timesPublished
  • Fisher v. Reiser

    610 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 timesPublished
  • Ernesto Salgado-Diaz v. John Ashcroft, Attorney General, Ernesto Salgado-Diaz v. John Ashcroft, Attorney General

    395 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 timesPublished
  • McBride 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 timesPublished
  • Joan Hangarter v. Provident Life and Accident Insurance Company, and the Paul Revere Life Insurance Company Unumprovident Corp.

    373 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 timesPublished
  • Cuellar De Osorio v. Mayorkas

    656 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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