Case law

In Re Hawaii Federal Asbestos Cases. (Four Cases) David K. Kaiu Lillian M. Kaiu v. Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., and Fibreboard Corporation, Formerly Known as Fibreboard Paper Products Corporation, a Delaware Corporation, Antonia Beatrix Sawyer, Individually and as Special Administratrix of the Estate of Stephen Charles Sawyer, Deceased and as Guardian Ad Litem for Andrew John Sawyer, Corrina Antonia Sawyer, and Margaret Ann Sawyer, All Minor Children v. Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., and Fibreboard Corporation, Formerly Known as Fibreboard Paper Products Corporation, a Delaware Corporation, Toledo Monderen Maria L. Monderen v. Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., and Fibreboard Corporation, Formerly Known as Fibreboard Paper Products Corporation, a Delaware Corporation, Ted Mina, Personal Representative for the Estate of Mariano Gamurot, Deceased Domingo Del Rosario Alice C. Digos v. Fibreboard Corporation, Formerly Known as Fibreboard Paper Products Corporation a Delaware Corporation, and Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., Ted Mina, Personal Representative for the Estate of Mariano Gamurot, Deceased Domingo Del Rosario Alice C. Digos v. Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., and Owens-Illinois, Inc.

960 F.2d 806 · Court of Appeals for the Ninth Circuit · Mar 31, 1992

The offer of proof which the appellants made to the district court went only to establish that they did not know the dangers of asbestos until very late in the day. … Rent-A-Car Corp., 52 Haw. 71 , 470 P.2d 240, 243 (1970), they would adopt the less restrictive approach to questions of asbestos causation embodied in cases like Lockwood. 5 Under this approach, the Sawyer and Mina plaintiffs clearly

Jacqueline R. PIVA, Plaintiff-Appellant, v. XEROX CORPORATION, Defendant-Appellee

654 F.2d 591 · Court of Appeals for the Ninth Circuit · Aug 24, 1981

years the district court was not clearly erroneous. … The district court concluded that this evidence was insufficient to establish a prima facie case of class-wide discrimination in matters of compensation. We conclude that this finding was not clearly erroneous.

Luis Vides-Vides v. Immigration & Naturalization Service

783 F.2d 1463 · Court of Appeals for the Ninth Circuit · Apr 18, 1986

, the applicant does not appear to qualify for asylum.” … . § 1253 (h), has not yet been clearly defined, we have attempted to specify the nature *1467 and amount of proof required to meet that standard.

Rocio Henriquez-Rivas v. Eric Holder, Jr.

707 F.3d 1081 · Court of Appeals for the Ninth Circuit · Feb 13, 2013

The particular kind of group characteristic that will qualify under this construction remains to be determined on a case-by-case basis. … The IJ concluded that Henriquez-Rivas did not establish she was persecuted on account of political opinion, but concluded that Henriquez-Rivas did establish she was a member of the particular social group of “people testifying

United States v. Castro Alavez

Court of Appeals for the Ninth Circuit · Feb 20, 2026

Still, the government insists that Collazo controls because its reasoning is “clearly irreconcilable” with Hunt. … But that expertise, alone, does not qualify him to testify about every matter remotely related to drug trafficking.

Yakima Valley Memorial Hospital v. Washington State Department of Health

654 F.3d 919 · Court of Appeals for the Ninth Circuit · Aug 19, 2011

Even a per se illegal hybrid restraint may be saved from preemption by the “state action” immunity doctrine. See Fisher, 475 U.S. at 265 (citing Parker, 317 U.S. at 341). … immunity and unilateral action analyses can be conflated.

Wayne Wright v. Charles Beck

Court of Appeals for the Ninth Circuit · Dec 1, 2020

. § 1983.1 The district court concluded the individually named Defendants- Appellees were entitled to qualified immunity. … We thus cannot conclude that the law was “clearly established” that the Fourth Amendment protected Wright’s interest against an unreasonable interference with his property.2 2 Because the law was not clearly established

Castillo v. Cigna Healthcare

11 F. App'x 945 · Court of Appeals for the Ninth Circuit · Jun 7, 2001

However, a substantial portion of Castillo’s treatment at Learning Services should qualify as prescribed rehabilitation therapy under the plan. … Here, Castillo’s daily services were provided under the direct instructions of, and following the established plans of, the two non-staff therapists who evaluated Castillo. 2 The plan administrator, therefore, must honor

United States v. Osama Musa Alferahin

433 F.3d 1148 · Court of Appeals for the Ninth Circuit · Jan 11, 2006

We thus hold that a district court’s error is plain when its jury instructions fail to incorporate an element of the crime that has been clearly established by Ninth Circuit precedent. See United States v. … Defense counsel’s alleged ineffectiveness in this case stems from a specific and discrete conversation, recorded clearly in the record, in which Alferahin’s attorney declined a highly favorable instruction on a clearly established

City of Ketchikan v. Cape Fox Corp.

65 F.3d 754 · Court of Appeals for the Ninth Circuit · Sep 6, 1995

(c)(1), and the City’s utility did not qualify as a “nonprofit organization,” 43 U.S.C. § 1613 (c)(2). … The bulk of KPU’s corporate activity clearly did not occur at Beaver Falls.

David Boruchowitz v. Robert Bettinger

654 F. App'x 354 · Court of Appeals for the Ninth Circuit · Jun 27, 2016

will not be adversely affected in their discharge of public duties by the application of the qualified immunity where the allegations suggest malicious prosecution.” … Pachtman, 424 U.S. 409 (1976), which established the test for absolute immunity applicable to malicious prosecution claims brought under 42 U.S.C. § 1983.

Kealii Makekau v. State of Hawaii

943 F.3d 1200 · Court of Appeals for the Ninth Circuit · Nov 26, 2019

Those measures included establishing a commission to maintain and publish “a roll of qualified Native Hawaiians,” thereby “facilitat[ing] the process under which qualified Native Hawaiians may independently commence the organization … of a convention of qualified Native Hawaiians, established for the purpose of organizing themselves.”

Xu Ming Li Xin Kui Yu v. John Ashcroft, Attorney General

356 F.3d 1153 · Court of Appeals for the Ninth Circuit · Jan 29, 2004

Li’s Asylum Claim Li qualifies for asylum under the “other resistance” category of the statute. … Li’s forced pregnancy examination and the events that followed clearly constitute persecution.

Ellen Keates v. Michael Koile

Court of Appeals for the Ninth Circuit · May 6, 2021

and (2) that, if they did, Defendants are entitled to qualified immunity because they did not violate law that was clearly established in the circumstances of this case.” … Consequently, we need not address the issue of qualified immunity. AFFIRMED. 4

United States v. Thomas Dale Peterson

353 F.3d 1045 · Court of Appeals for the Ninth Circuit · Dec 30, 2003

This finding was not clearly erroneous. Accordingly, we adopt Lobdell’s version of the facts. … The Court in Banks confirmed the Ramirez principle that “ § 3109 is subject to an exigent circumstances exception, which qualifies the requirement of refusal after notice, just as it qualifies the obligation to announce in

United States v. Gloria Ann Morales

108 F.3d 1031 · Court of Appeals for the Ninth Circuit · Mar 5, 1997

She proffered this testimony to establish a predicate from which the jury could infer she lacked the necessary mens rea. … The district court determined that Crosby was qualified to testify about auditing and bookkeeping.

Abdullah Akbar Lumumba, AKA Godfrey Carroll v. Joseph Crabtree, Warden

50 F.3d 15 · Court of Appeals for the Ninth Circuit · Mar 14, 1995

II. 3 In deciding whether an official is entitled to qualified immunity from damages actions, we must determine (1) whether the right allegedly violated was clearly established at the time of the alleged violation; and (2 … Lumumba, however, has failed to show that replacing him with an inmate of a different race violated a clearly established constitutional right. See Camarillo, 998 F.2d at 640 .

Hector Lopez v. P. Swaney

Court of Appeals for the Ninth Circuit · Oct 30, 2018

Viewing the evidence in Plaintiff’s favor, Defendants violated clearly established law. Hamby, 821 F.3d at 1090–91. … I would grant qualified immunity to both officers in this case. 2

Teruya Brothers, Ltd v. Cir

Court of Appeals for the Ninth Circuit · Sep 8, 2009

[10] As discussed previously, § 1031(f)(2) establishes sev- eral circumstances where a related party exchange may still qualify for nonrecognition treatment despite technically vio- lating § 1031(f)(1). … However, given the facts of this case, we conclude that the Tax Court did not clearly err in inferring that the qualified intermediary was interposed in this case in an attempt to circumvent the § 1031(f)(1) limitations.

Gutierrez v. Holder

662 F.3d 1083 · Court of Appeals for the Ninth Circuit · Nov 7, 2011

Here, the “establishes” language in Section 1259 is akin to the “demonstrates” language of Section 1186a(c)(4). … time in determining that Gutierrez lacked good moral character.11 A finding of good moral character involves subjective assessments and weighing of types of evidence that will vary considerably from case to case but clearly