Case law

Joseph Baumann v. Chase Investment Services Corp

747 F.3d 1117 · Court of Appeals for the Ninth Circuit · Mar 13, 2014

Because this action was commenced in California state court, it clearly was not filed pursuant to Federal Rule of Civil Procedure 23. … We hold only that PAGA is not sufficiently similar to Rule 23 to establish the original jurisdiction of a federal court under CAFA. III.

Alliance for the Wild Rockies v. Carl Petrick

68 F.4th 475 · Court of Appeals for the Ninth Circuit · May 16, 2023

Alliance cites no authority establishing that a “reasonableness” standard applies in this context. … This is not a case, however, where Alliance’s alternative BORZ argument (which is discussed fairly briefly on appeal) clearly has merit.

Robert Chuman Nancy Woo Kyle Townson v. Craig A. Wright City of Los Angeles, and Mark P. Fronterotta Louis Perez Edmund Woods

980 F.2d 736 · Court of Appeals for the Ninth Circuit · Nov 30, 1992

The officers contend that the search of the home was constitutional because it was conducted pursuant to a valid warrant. 5 By the time of this search, this circuit had clearly established that "the reasonableness of a search … Third, in the Ninth Circuit, the law was clearly established that excessive force in the execution of a search may violate the Fourth Amendment. Bergquist, 806 F.2d at 1369

Karluk M. Mayweathers Dietrich J. Pennington Jesus Jihad Terrance Mathews Aswad Jackson Ansar Kees, and United States of America, Intervenor v. Anthony C. Newland, Individually and in His Official Capacity Barry Smith, Individually and in His Official Capacity Cal A. Terhune N. Bennett M.E. Valdez, Karluk M. Mayweathers Dietrich J. Pennington Jesus Jihad Terrance Mathews Aswad Jackson Ansar Kees v. Anthony C. Newland Individually and in His Official Capacity Barry Smith, Individually and in His Official Capacity Cal A. Terhune N. Bennett M.E. Valdez, Karluk M. Mayweathers Dietrich J. Pennington Jesus Jihad Terrance Mathews Aswad Jackson Ansar Kees v. Cal A. Terhune A.C. Newland Barry Smith Bonnie Garibay N. Fry M.E. Valdez N. Bennett F.X. Chavez

314 F.3d 1062 · Court of Appeals for the Ninth Circuit · Dec 27, 2002

The Establishment Clause 15 The Establishment Clause of the First Amendment prohibits any government from enacting a law that would respect the establishment of religion. … This case falls squarely within the Ex Parte Young exception to sovereign immunity and does not violate the Eleventh Amendment. iv.

L.J. Ex Rel. Hudson v. Pittsburg Unified School District

835 F.3d 1168 · Court of Appeals for the Ninth Circuit · Sep 1, 2016

agreed with the psychologist that L.J. had no qualifying disabilities. … In sum, the School District clearly violated important procedural safeguards set forth in the IDEA.

K.J.P. v. City of Santee

Court of Appeals for the Ninth Circuit · Jan 11, 2019

immunity. … Because the district court did not individually evaluate each defendant’s specific actions and omissions to determine whether that conduct violated clearly established rights, we remand this case to the district court for

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.

William Ramirez v. County of El Dorado

Court of Appeals for the Ninth Circuit · May 31, 2022

The district court properly granted summary judgment for defendants Gerhart and Elledge on the basis of qualified immunity because it would not have been clear to every reasonable officer at the time that referencing their … Ct. 305, 308 (2015) (per curiam) (discussing qualified immunity and explaining that a “clearly established right is one that is sufficiently clear that every reasonable official would have understood that what he is doing

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).

Rendon v. Mukasey

Court of Appeals for the Ninth Circuit · Mar 19, 2008

MUKASEY 2599 mitted the conviction records to establish his removability. Although the BIA acknowledged that KAN. STAT. … Furthermore, the IJ’s order very clearly identifies the Utah conviction as the basis for removal.

Arizona Libertarian Party v. Katie Hobbs

Court of Appeals for the Ninth Circuit · May 31, 2019

The Libertarian, Democratic, and Republican Parties are established statewide. 1 Before 2016, to qualify for the primary ballot, an established party candidate needed to submit signatures 2 exceeding a certain percentage … his primary, while a write-in established party candidate only qualifies for the general election ballot if he wins his primary with votes equaling the number of signatures needed to qualify for the primary ballot.

Gregory Murray v. Sandra Andrade

405 F. App'x 171 · Court of Appeals for the Ninth Circuit · Dec 6, 2010

Judge Henderson expressly did not reach the question of qualified immunity. Murray now appeals the District Court’s grant of summary judgment. II. Analysis A. … Qualified immunity Because the District Court did not rule on qualified immunity, we decline the parties’ invitation to decide the issue at this time and leave it to the District Court to evaluate in the first instance on

Federal Trade Commission v. Hoskins

Court of Appeals for the Ninth Circuit · Aug 4, 2026

Thus, as the text clearly prescribes, not every “amount owing” is a “debt” within the meaning of the FDCPA. 28 U.S.C. § 3001(c). … And the incorporation of state procedure under Rule 69(a)(1) should not be interpreted to abrogate the federal government’s “implied immunity . . . to local statutes of limitations.” Guar.

Vegan Outreach, Inc. v. Petey Chapa

454 F. App'x 598 · Court of Appeals for the Ninth Circuit · Oct 20, 2011

Chapa by grant of qualified immunity. Because we lack jurisdiction to address the district court’s *600 qualified immunity grant, 1 we turn to the preliminary injunction. … grants of qualified immunity).

United States v. Rufino Peralta-Sanchez

847 F.3d 1124 · Court of Appeals for the Ninth Circuit · Feb 7, 2017

The expedited removal process is intended to allow the government to exclude quickly those aliens found at or near the border who are clearly inadmissible— those who have no legal entry documents and who have established … Thus, the first and third factors clearly weigh against him.

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

Pepito Mabalot Almero Quirico David Eustaquio Santa Cruz Nemesio Evangelista Marasigan v. Immigration and Naturalization Service

18 F.3d 757 · Court of Appeals for the Ninth Circuit · Mar 9, 1994

The INS and Respondents disagree about how each of these well-established principles of statutory interpretation should be applied to IMMACT § 405 and INA § 329. IV. … We are required to accept this finding on appeal unless it is clearly erroneous. The INS concedes that the finding is not clearly erroneous, but would still deny their applications.

National Labor Relations Board v. Retail Clerks International Ass'n, A.F.L., Retail Clerks Union Local 648

203 F.2d 165 · Court of Appeals for the Ninth Circuit · Mar 31, 1953

However, there is reason for taking such a course where, as here, the single fact question involved is one with which the Board is eminently equipped and qualified to deal. … The Board clearly had jurisdiction to investigate the unfair labor practices charged.

Mendenhall v. National Transportation Safety Board

92 F.3d 871 · Court of Appeals for the Ninth Circuit · Aug 8, 1996

FAA Order 2150.3A, Compliance and Enforcement Program, establishes policies and procedural rules to be followed in enforcement actions. … This certificate clearly states the date of issuance as “5/16/92.”

Hacienda La Puente Unified School District Of Los Angeles v. William Honig

976 F.2d 487 · Court of Appeals for the Ninth Circuit · Sep 28, 1992

Furthermore, other provisions of California law clearly provide B.C. with the avenue he has pursued. See Cal. … Because the requirements of California's Tort Claims Act implicate principles of sovereign immunity, the School District may well be correct. See, e.g., Williams v.