Case law

Prete v. Bradbury

438 F.3d 949 · Court of Appeals for the Ninth Circuit · Feb 22, 2006

Because the district court did not clearly err in determining that the plaintiffs failed to establish that the challenged measure significantly burdens speech, we cannot hold the Measure imposes a severe burden under the … Remedy 30 The remedy for an improper grant of intervention has not been clearly established.

Robert Henry Moormann v Dora B. Schriro

672 F.3d 644 · Court of Appeals for the Ninth Circuit · Feb 28, 2012

Finally, even if Moormann could now conclusively show that he is currently mentally retarded, he would be entitled to habeas relief only if, at a minimum, the Arizona court violated clearly established federal law. … There is no clearly established federal law that a person who was not mentally retarded at the time of the crime or the trial may nevertheless be exempted from the death penalty pursuant to Atkins, because of subsequent

Wells v. Bnsf Railway Company

Court of Appeals for the Ninth Circuit · Feb 24, 2026

The district court denied BNSF’s motion, reasoning that if Plaintiffs could establish their allegations at trial, “harbor[ing] a toxic asbestos dump in the Libby railyard” would be “removed from BNSF’s role as a [common] … Eddy also held that as a rail carrier, BNSF qualifies as a common carrier for the purposes of the common carrier exception. Id. at 874.

In the Matter of the Complaint of the United States of America, for Exoneration From or Limitation of Liability as Owner of the Coast Guard Vessel, Cg 40427 v. Standard Oil Company of California, in the Matter of the Complaint of the United States of America (Etc.) v. Standard Oil Company of California, in the Matter of the Complaint of Standard Oil Company of California, for Exoneration From or Limitation of Liability as Owner of the Tugboat 'Standard No. 4,' and the Barge 's.o.c.o. No. 18.' v. United States

495 F.2d 911 · Court of Appeals for the Ninth Circuit · Apr 18, 1974

Reversing the lower court's decision which permitted a claim of contribution by Halcyon against Haenn, the Court expressly created an exception to the established admiralty doctrine of apportioning damages equally among mutual … Here, the tort liability of the United States was not limited by statute; on the contrary, the Government's immunity has been expressly waived for its negligence in this type of case.

The Washington Utilities and Transportation Commission (Wutc) v. Federal Energy Regulatory Commission Bonneville Power Administration, Public Power Council Direct Service Industrial Customers (Aluminum Co. Of America, Atochem North America, Columbia Falls Aluminum Company, Georgia-Pacific Corp., Kaiser Aluminum & Chemical Corp., Intalco Aluminum Corp.), Respondents-Intervenors. Puget Sound Power & Light Company v. Federal Energy Regulatory Commission Bonneville Power Administration, Direct Service Industrial Customers (Aluminum Co. Of America, Atochem North America, Columbia Falls Aluminum Company, Georgia-Pacific Corp., Kaiser Aluminum & Chemical Corp., Intalco Aluminum Corp.), Respondents-Intervenors

26 F.3d 935 · Court of Appeals for the Ninth Circuit · Jun 7, 1994

The Northwest Power Act established a power exchange program between BPA and qualified investor owned utilities ("IOUs") of the Pacific Northwest. … While the Act clearly gives us jurisdiction to review BPA's ASC determinations, id.

Estate of Kevin Brown v. Michael Lambert

Court of Appeals for the Ninth Circuit · Jul 24, 2019

Rather, “for purposes of determining whether the alleged conduct violates clearly established law of which a reasonable person would have known, we assume the version of the material facts asserted by the non-moving party … Officer Mekenas-Parga, however, is entitled to qualified immunity on the overbroad warrant claim.

United States v. Alejandro Robles-Rodriguez

281 F.3d 900 · Court of Appeals for the Ninth Circuit · Feb 13, 2002

. § 1101 (a)(43) contains a list of qualifying offenses, including “a drug trafficking crime (as defined in section 924(c) of Title 18).” 8 U.S.C. § 1101 (a)(43)(B) (1994). … Kalinowski, 146 F.3d 196, 200 (3d Cir.1998) (“Congress must clearly express its intent to change a well-established common law construction”). We find no such indication here.

In Re Wadsworth Building Components, Inc., Debtor, Gary L. McClendon Trustee v. Cal-Wood Door

711 F.2d 122 · Court of Appeals for the Ninth Circuit · Jul 1, 1983

The second sentence of the passage seems to indicate clearly that § (c)(4) is intended to be the exclusive net result rule under the Code. … The Commission stated that The Commission’s recommendation does not, however, go as far as the ‘net result rule’ established by some early cases.

Ltc of William Del Biaggio III v. David Freeman

834 F.3d 1003 · Court of Appeals for the Ninth Circuit · Aug 22, 2016

The text of the statute clearly points toward subordination of Freeman’s claim. … IN RE DEL BIAGGIO 15 Those concerns are clearly implicated in Freeman’s case.

Barker Bros. v. National Labor Relations Board

328 F.2d 431 · Court of Appeals for the Ninth Circuit · Feb 20, 1964

In our opinion, this is the type of economic pressure, at least with respect to employers operating retail establishments, from which Congress sought to immunize the employer. … There is a fundamental weakness in much legislative history, particularly in floor debates, on which both parties rely, which is clearly apparent here.

Fisher v. City of San Jose

Court of Appeals for the Ninth Circuit · Nov 19, 2007

See Lindsey, 877 F.2d at 782. 18 The dissent speculates that “the officers would appear to be entitled to qualified immunity.” Dissenting Opinion at 15081, n.9. … exist and continue until the end of the standoff, the officers would appear to be entitled to qualified immunity.

Barnes v. Yahoo, Inc.

Court of Appeals for the Ninth Circuit · Jun 22, 2009

immunity. … It is well established that “[e]very repetition of the defamation is a publication in itself,” whether or not the person repeating the defamation attributes it to its source. Prosser & Keaton § 113, at 799.

Rose Maree Jones v. Aero/chem Corp. And Athea Laboratories, Inc.

921 F.2d 875 · Court of Appeals for the Ninth Circuit · Dec 11, 1990

Accidents--at least avoidable ones--should not be immune from the reach of the rule. 19 Id. at 923. … Indeed, the Anderson court apparently considered only those discovery responses "so ineptly researched or lackadaisical" as qualifying as misrepresentations.

Ball v. Rodgers

492 F.3d 1094 · Court of Appeals for the Ninth Circuit · Jul 17, 2007

States qualify for the program by applying to the Department of Health and Human Services and certifying to that agency that the cost of caring for a qualified individual through HCBS “will be less than or equal to the cost … As Gonzaga explained: Section 1983 provides a remedy only for the deprivation of “rights, privileges, or immunities secured by the Constitution and laws” of the United States.

Lori Beltran v. Santa Clara County

389 F. App'x 679 · Court of Appeals for the Ninth Circuit · Jul 26, 2010

During the proceedings below, Tjhin and Suarez maintained that they were entitled to qualified immunity for their actions to secure the protective custody warrant and the district court so held. … “We . . . review de novo the application of qualified immunity.” Hervey, 65 F.3d at 788.

William Platt v. Jason Moore

15 F.4th 895 · Court of Appeals for the Ninth Circuit · Oct 4, 2021

MOORE immunity defense to the nominal damages claims was waived. VI. … I agree with the district court that the answer to this question is clearly no.

Sidney B. Stern and Vera L. Stern v. Commissioner of Internal Revenue

747 F.2d 555 · Court of Appeals for the Ninth Circuit · Nov 15, 1984

These circumstances, as we noted in Lafargue, 689 F.2d at 849 , clearly established that the taxpayer was a beneficial owner rather than an annuitant-creditor. … Commissioner, 631 F.2d 642, 646 (9th Cir.1980), cert. denied, 452 U.S. 961 , 101 S.Ct. 3110 , 69 L.Ed.2d 972 (1981), establishes that the Tax Court’s holding is subject to the clearly erroneous standard of review.

United States v. George L. Awkard, United States of America v. John Wright Williams, United States of America v. Clarence Hinnant, Jr., United States of America v. Paul Milton Laney, United States of America v. Richard Lafayette Thompson

597 F.2d 667 · Court of Appeals for the Ninth Circuit · Apr 23, 1979

Kroger was qualified as an internationally respected authority on medical hypnosis, and he explained the techniques used in hypnosis. … Fairchild Hiller Corp., supra, as Requiring the expert testimony to establish admissibility.

Boone v. United States

944 F.2d 1489 · Court of Appeals for the Ninth Circuit · Sep 23, 1991

Though the Corps’ view of Grigg’s testimony is remotely plausible, the court’s interpretation was not clearly erroneous. … Though riparian and littoral landowners hold only "a qualified title, a bare technical title, not at [their] absolute disposal ... but to be held at all times subordinate to such use of the submerged lands and of the waters

Wilmington Transp. Co. v. Edwards

95 F.2d 283 · Court of Appeals for the Ninth Circuit · Mar 1, 1938

The lookout was a qualified seaman. Two facts are offered to show his inattention in the approach to the collision. One was that he was ordered to wipe the spray off the pilot house windows. … The testimony clearly supports the finding of the lower court that the motors on the Arbutus, nor the exhaust, did not interfere with the lookout’s hearing.