Case law

United States of America, Ex Rel. Kevin G. Kelly v. The Boeing Company

9 F.3d 743 · Court of Appeals for the Ninth Circuit · Nov 5, 1993

frivolous, clearly vexatious, or brought primarily for purposes of harassment.” … Because the government clearly is capable of establishing injury-in-fact, causation, and redressability, qui tam plaintiffs satisfy these Article III requirements as well.

United States v. Guzman-Mata

Court of Appeals for the Ninth Circuit · Aug 27, 2009

. § 1324(a)(1)(A)(ii)3 qualifies as an “alien smuggling offense” for the purposes of U.S.S.G. § 2L1.2(b)(1)(A). … Unlike the present case, the notes at issue in Allen did not clearly create an exception, but rather  UNITED STATES v.

Howard A. Lambert v. State of Montana

545 F.2d 87 · Court of Appeals for the Ninth Circuit · Oct 26, 1976

. § 95-1807 (1947). 1 On June 27, 1975, the state court dismissed the aggravated assault charge against petitioner and granted him immunity from prosecution. … Whether Lambert’s interrogation was in conjunction with a “judicial proceeding” under the Montana statute is *89 clearly a question of state law and does not transcend any federal constitutional ground.

Gerling Global Reinsurance Corporation of America, U.S. Branch Gerling Global Life Reinsurance Company Gerling Global Life Insurance Company Gerling America Insurance Company Constitution Insurance Company Revios Reinsurance Canada, Ltd. Revios Reinsurance U.S., Inc. Assicurazioni Generali S.P.A. American Insurance Association American Re-Insurance Company, and Winterthur International America Insurance Company Winterthur International America Underwriters Insurance Company General Casualty Company of Wisconsin Regent Insurance Company Republic Insurance Company Southern Insurance Company Unigard Indemnity Company Unigard Insurance Company Blue Ridge Insurance Co. v. John Garamendi, in His Capacity as the Insurance Commissioner of the State of California, American Insurance Association American Re-Insurance Company v. John Garamendi, in His Capacity as the Insurance Commissioner of the State of California

400 F.3d 803 · Court of Appeals for the Ninth Circuit · Mar 10, 2005

The first issue is whether plaintiffs constitute "prevailing parties." 15 The Supreme Court has summarized the "prevailing party" determination as follows: 16 [T]o qualify as a prevailing party, a civil rights plain tiff … Clearly, the ruling of the Supreme Court modified the Commissioner's behavior by "materially alter[ing] the legal relationship between the parties."

Ferrari, Alvarez, Olsen & Ottoboni v. Home Insurance

940 F.2d 550 · Court of Appeals for the Ninth Circuit · Aug 8, 1991

The district court clearly considered the question as one arising under section 1447(c). … The district court clearly invoked section 1447(c) and clearly found that it was without jurisdiction. Thermtron itself has no application.

Gilliam v. Nevada Power Co.

488 F.3d 1189 · Court of Appeals for the Ninth Circuit · May 31, 2007

("NPC Plan"), a non-qualified pension plan intended to provide retirement benefits to certain highly-compensated executives selected by the Board of Directors. … United States, 435 U.S. 21, 25 , 98 S.Ct. 917 , 55 L.Ed.2d 82 (1978) ("Wages usually are income, but many items qualify as income and yet clearly are not wages."). 8 Nevada Power Company also challenges the district court's

Kennebrew v. Peterson

967 F.2d 587 · Court of Appeals for the Ninth Circuit · Jun 19, 1992

III Merits 8 Generally, "[q]ualified immunity is available to government officials if they could reasonably have thought that their actions were lawful in light of the clearly established law and the information they possessed … Moreover, prisoners have a clearly established right to be free from digital rectal searches conducted for purposes unrelated to legitimate penological concerns. Tribble, 860 F.2d at 325-27 .

Daniel Lopez v. Catalina Channel Express, Inc.

974 F.3d 1030 · Court of Appeals for the Ninth Circuit · Sep 9, 2020

Cross, 264 F.3d at 1009, whereas the Second Circuit requires plaintiffs only to “articulate a plausible proposal for barrier removal, ‘the costs of which, facially, do not clearly exceed its benefits,’” Roberts, 542 F.3d … Taylor does not estimate why he is qualified to opine on this issue, or even how he reached his conclusion.

Morongo Band of Mission Indians, Plaintiff-Counter-Defendant/appellant v. Frank Rose Clive "Sonny" Miller, Defendants-Counter-Plaintiffs/appellees

893 F.2d 1074 · Court of Appeals for the Ninth Circuit · Jan 10, 1990

Graham, - U.S. -, 109 S.Ct. 1519 , 103 L.Ed.2d 924 (1989) (state tax claim does not arise under federal law despite federally-based defense of tribal sovereign immunity). … To enforce its ordinance against Rose, the Band will first have to establish its sovereign power to exercise civil authority over Rose. Cf.

Elkin Jesus GOMEZ, Petitioner-Appellee, v. Rosie B. GARCIA, Warden, Respondent-Appellant

81 F.3d 95 · Court of Appeals for the Ninth Circuit · Jun 28, 1996

Garcia, Warden, appeals the qualified grant of habeas corpus by the district court to Elkin Jesus Gomez, a prisoner of the state of California. … Appellants’ ostensible right to the *97 victim’s property was clearly based on illegal narcotics transactions.”

United States v. Trina Devay Harper, United States of America v. Aziz Sharrieff

33 F.3d 1143 · Court of Appeals for the Ninth Circuit · Aug 30, 1994

The requirement of at least one overt act was clearly met. … The application note clearly indicates that the Sentencing Commission did not intend that result.

Malerba v. San Bernardino County

116 F.3d 1486 · Court of Appeals for the Ninth Circuit · Jun 27, 1997

DISCUSSION To determine if an officer is entitled to qualified immunity from liability for a Fourth Amendment violation, a district court must determine: "1) was the law governing the officer's conduct clearly established … We conclude that Price was not entitled to qualified immunity.

James W. White and Intrepid Production Company v. State of Alaska, Oil and Gas Conservation Commission

46 F.3d 1149 · Court of Appeals for the Ninth Circuit · Jan 5, 1995

II. 9 The remaining individual defendants are entitled to qualified immunity. A qualified immunity determination requires a two-part analysis: (1) Was the law governing the official's conduct clearly established? … it may be that the particular action is a violation) violates a clearly established right...."

Kenaitze Indian Tribe v. State of Alaska

860 F.2d 312 · Court of Appeals for the Ninth Circuit · Oct 24, 1988

would also qualify for the more restrictive priority of section 3114(1). … Congress quite clearly intended that section 3113 encompass a larger class of beneficiaries than section 3114(1).

Blixseth v. Yellowstone Mountain Club, LLC

742 F.3d 1215 · Court of Appeals for the Ninth Circuit · Feb 18, 2014

We start with the incident that Blixseth claims most clearly demonstrates the judge’s partiality: that the judge met with representatives of the debtor and bankruptcy bidders in Blixseth’s absence. … His only other significant argument that the judge relied on extrajudicial sources is that the judge improperly took judicial notice of facts established in related proceedings.

United States v. Raymond Carl Skeet

665 F.2d 983 · Court of Appeals for the Ninth Circuit · Jan 15, 1982

be clearly erroneous or a clear result of an abuse of *986 judicial discretion.” … He says this was clearly erroneous.

Vernon Dewitt v. Francisco Silva, Officer

974 F.2d 1341 · Court of Appeals for the Ninth Circuit · Sep 1, 1992

Id. at 8838 . 4 A correctional officer is entitled to qualified immunity from suit if, in light of clearly established legal principles, a reasonable correctional officer in the defendant's position could have believed that … Although ordinarily we should resolve qualified immunity before trial, see Hunter v.

Scott Feldman v. Joel B. Davis

29 F.3d 631 · Court of Appeals for the Ninth Circuit · Jul 20, 1994

Sec. 1983 action based on qualified immunity. … Gillespie, 932 F.2d 816, 817 (9th Cir.1991). 4 In determining whether an officer is protected by qualified immunity, the district court must find, in light of clearly established principles governing the conduct in question

Stapleton v. United States

260 F.2d 415 · Court of Appeals for the Ninth Circuit · Oct 22, 1958

Indictments are now immune from the technical challenges permitted at common law. … This instruction, which clearly and succinctly sets forth all of the essential elements of the crime of grand larceny which the Government was required to establish, strengthens our firm belief that the appellant was not

Associated General Contractors of California, Inc. v. City & County of San Francisco

813 F.2d 922 · Court of Appeals for the Ninth Circuit · Mar 23, 1987

Third, it requires each city department to establish a yearly goal for the percentage of contracting dollars to go to MBEs, WBEs and LBEs. … The rights established are personal rights.” Shelley v. Kraemer, 334 U.S. 1, 22 , 68 S.Ct. 836, 846-47 , 92 L.Ed. 1161 (1948).