Case law

ANA International Inc. v. Way

393 F.3d 886 · Court of Appeals for the Ninth Circuit · Dec 16, 2004

. § 1101 (a)(15)(L) (establishing this visa category); 8 C.F.R. § 214.2 (i) (2003) regulations for admission within the category). The INS approved Yu’s L-1A petition on June 10, 1995. … C.Meaning of § 1252(a)(2)(B)(ii) It is clear that § 1252(a)(2)(B)(ii) immunizes certain discretionary decisions of the Attorney General from judicial review.

Jonathan Neuber v. Joshua Pritt

707 F. App'x 889 · Court of Appeals for the Ninth Circuit · Dec 20, 2017

The district court properly granted summary judgment on the basis of qualified immunity because defendants’ conduct did not violate clearly established law. See Plumhoff v. Rickard, 134 S. … Ct. 2012, 2023 (2014) (officials sued under § 1983 are entitled to qualified immunity unless they violated a right that was clearly established; “a defendant cannot be said to have violated a clearly established right

California Ex Rel. Brown v. Safeway, Inc.

615 F.3d 1171 · Court of Appeals for the Ninth Circuit · Jul 12, 2011

The Court emphasized that theoretical claims of anticompetitive effects that are not evident or established in antitrust law must be carefully con- sidered and clearly explained in order to justify shifting the burden to … NCAA, 134 F.3d 1010, 1023 (10th Cir. 1998) (“[M]ere profitability or cost savings have not qualified as a defense under the antitrust laws.”).

United States v. Charles Perkins

850 F.3d 1109 · Court of Appeals for the Ninth Circuit · Mar 13, 2017

And our ease law did not clearly establish that copies of images alleged to be “lascivious” under § 2256(2)(A)(v) needed to be included in a search warrant application. … Even assuming that the district court clearly erred in crediting Agent Ensley, the majority inappropriately holds Agent Ensley reckless for not following a rule that was not clearly established at the time he submitted his

Drinkwine v. Federated Publications, Inc.

780 F.2d 735 · Court of Appeals for the Ninth Circuit · Jan 16, 1986

The evidence clearly shows that he never qualified for it. … Tying 29 To qualify for the per se analysis against tying, Drinkwine must establish that Statesman is selling two separate products and using its market power in one to force purchase of another.

Beneli v. National Labor Relations Board

873 F.3d 1094 · Court of Appeals for the Ninth Circuit · Oct 17, 2017

We “will not deny enforcement of,a deferral decision unless the Board clearly departs from its own standards or the standards themselves are invalid.” Id. (citing Servair, Inc. v. … The new deferral standard qualifies this case as a case of “first impression.” The Board established a' new standard to replace the Spielberg/Olin deferral standard that had been in existence for decades.

Clair S. Huffman v. Commissioner Of Internal Revenue

978 F.2d 1139 · Court of Appeals for the Ninth Circuit · Dec 4, 1992

In requiring that the prevailing party establish that the United States' position was not substantially justified. … [T]he exception for "limited availability of qualified attorneys for the proceedings involved" must refer to attorneys "qualified for the proceedings" in some specialized sense, rather than just in their general legal competence

Dewayne Bearchild v. Kristy Cobban

Court of Appeals for the Ninth Circuit · Jan 16, 2020

Mitchell sought qualified immunity, primarily arguing that his conduct did not rise to the level of a constitutional violation, even if the disputed facts were assumed in Schwenk’s favor. Id. at 1195. … Schwenk affirmed the district court’s order denying Mitchell qualified immunity, holding “the Eighth Amendment right of prisoners to be free from sexual abuse was unquestionably clearly established prior to the time of this

United States v. Luis Narvaez-Gomez, AKA Manuel Gomez-Feliz

489 F.3d 970 · Court of Appeals for the Ninth Circuit · Jun 6, 2007

B When an offense is not a categorical crime of violence, the sentencing court applies the “modified categorical approach” and “examine[s] the record for ‘documentation or judicially noticeable facts that clearly establish … Diaz-Argueta, 447 F.3d 1167, 1170 (9th Cir.2006) (rejecting argument that only aggravated felonies qualify as crimes of violence); Valencia v.

Aaron Beitch v. Chris Magnus

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

No clearly established law holds that such positioning constitutes excessive force. Id. at 442 (“[E]very reasonable official would have understood that what he is doing violates that right.” … Summary judgment for defendants Reed and Kozda was proper on Beitch’s Fourth Amendment unlawful search and seizure claim on the basis of qualified immunity.

Joshua Nakagawa v. County of Maui

686 F. App'x 388 · Court of Appeals for the Ninth Circuit · Mar 31, 2017

Because the defendant officers did not violate any clearly established constitutional right, the district court found properly that they were entitled to 3 qualified immunity

Chan v. Society Expeditions, Inc.

39 F.3d 1398 · Court of Appeals for the Ninth Circuit · Jul 27, 1994

If so, the forum selection clause would be an additional basis for establishing personal jurisdiction over Discoverer Reederei. C. … In summary, we reverse the order dismissing Benny Chan’s tort claim against Society Expeditions on the ground of workers compensation immunity.

Otto D. Gray Etc. v. Swanney-Mcdonald, Inc., William Lawman v. Swanney-Mcdonald, Inc.

436 F.2d 652 · Court of Appeals for the Ninth Circuit · Feb 1, 1971

Appellants do not challenge appellee’s right to an exemption if the appellee can qualify as a retail or service establishment. … They contend that the district court’s implied finding that appellee was such an establishment was clearly erroneous because appellee did not prove that no more than 25 percent of its business was for resale.

U.S. ex rel. Aflatooni v. Kitsap Physicians Services

163 F.3d 516 · Court of Appeals for the Ninth Circuit · Jan 4, 1999

This closely-held inquiry lacked the institutionalized nature of the qualifying hearings or investigations listed by the statute. … It did not, however, establish that the relators had direct knowledge of the alleged fraud.

Los Angeles Haven Hospice, Inc. v. Sebelius

638 F.3d 644 · Court of Appeals for the Ninth Circuit · Mar 15, 2011

. § 418.302 (establishing rates). When the hospice benefit was established in 1982, beneficiaries were generally limited to six months of hospice care. See TEFRA, § 122, 96 Stat. at 356. … To ensure that payments for hospice care for qualified ben- eficiaries would not exceed the cost of care in a conventional setting, Congress established a retrospective “cap” on the aggregate amount that Medicare would reimburse

Microsoft Corporation v. Motorola Mobility

795 F.3d 1024 · Court of Appeals for the Ninth Circuit · Jul 30, 2015

The panel noted that the doctrine does not immunize a party from actions that amount to a breach of contract. … At that point, Motorola was aware that the present lawsuit could establish RAND rates. “A patentee subject to FRAND commitments may have difficulty establishing irreparable harm.”

Fmali Herb, Inc. v. Margaret M. Heckler

715 F.2d 1385 · Court of Appeals for the Ninth Circuit · Sep 15, 1983

But 21 C.F.R. § 170.3 (f) does not establish an evidentiary standard. … Representative Delaney objected to the term because he felt that it was not adequately defined and therefore would not establish a proper criterion for establishing safety. Food Additives Hearings, supra, at 497.

United States v. Walter Higginbotham

539 F.2d 17 · Court of Appeals for the Ninth Circuit · Jul 19, 1976

This is true whether we hold the district court’s holding as one of law or as an issue of fact under the clearly erroneous rule. … The burden of proof to establish guilt beyond a reasonable doubt remains with the government.

McMahon v. World Vision Inc.

Court of Appeals for the Ninth Circuit · Aug 5, 2025

See id. at 746 (explaining that religious institutions do not enjoy a general immunity from secular laws). … We emphasize that although universal, generic job requirements can be considered in the ministerial analysis, they are alone insufficient to establish that a position qualifies for the ministerial exception.

Himmelfarb v. United States

175 F.2d 924 · Court of Appeals for the Ninth Circuit · Jun 3, 1949

United States, 144 U.S. 263 , 12 S.Ct. 617 , 36 L.Ed. 429 : “Those cases clearly establish the law of this court that courts of justice are invested with the authority to discharge a jury from giving any verdict whenever, … It was urged upon the trial court that all evidence should be suppressed and immunity granted.