Case law

Hilton v. Hallmark Cards

580 F.3d 874 · Court of Appeals for the Ninth Circuit · Aug 31, 2009

Smith, 333 F.3d 1018, 1024-26 (9th Cir.2003) (noting that anti-SLAPP motions to strike assert a form of immunity from suit); but cf. Englert v. … The California Supreme Court has not clearly established what constitutes an issue of public interest, but it has provided some guidance.

O'Neel v. National Ass'n of Securities Dealers, Inc.

667 F.2d 804 · Court of Appeals for the Ninth Circuit · Feb 8, 1982

Appellant took an examination to become a registered representative with the NASD in November, 1966, and in October, 1970, another examination to qualify as an NASD principal. … The principle that an arbitration provision, incorporated by reference into an application to become an allied member of a stock exchange, is enforceable where there has been no fraud in the inducement, is so clearly established

Royce Williams v. Nicole Stolar

616 F. App'x 253 · Court of Appeals for the Ninth Circuit · Sep 4, 2015

Summary judgment was properly granted to Stolar and Fisher because they were entitled to qualified immunity, as it would not have been clear to every reasonable social worker and police officer that the removal of Williams … Ct. 2074, 2080, 2083 (2011) (explaining two-part test for qualified immunity); see also Wallis v.

United States v. Coates

692 F.2d 629 · Court of Appeals for the Ninth Circuit · Nov 18, 1982

The district court applied the legal standard for judicial enforcement of an IRS summons established in United States v. … The district court's finding that examination of the Church's corporate minute books is necessary to make a determination of whether the Church still qualifies as a tax exempt religious organization was not clearly erroneous

Charles H. Carter and Virgie Ann Carter v. Commissioner of Internal Revenue

645 F.2d 784 · Court of Appeals for the Ninth Circuit · May 18, 1981

The Yachting Expenses Appellants contend they are entitled to a deduction for their yachting expenses because the expenses qualified as ordinary and necessary in carrying on the businesses of chartering and writing. … Carter failed to establish the requisite relationship set forth in Fumer. 393 F.2d at 294 . The Tax *788 Court’s finding is supported by the evidence and will not be set aside.

Indian Oasis-Baboquivari Unified School District No. 40 v. Kirk

91 F.3d 1240 · Court of Appeals for the Ninth Circuit · Jul 31, 1996

of authority running from Dartmouth College through the Hunter eases and concluded that the Court’s occasional rhetorical flourishes to the contrary were just that: [i]t is imperative that generalizations, based on and qualified … While Lead-Deadwood does not establish that political subdivisions have standing to secure federal-court jurisdiction over their constitutional claims, it clearly holds that they may assert a claim of preemption when the

City of Vernon v. Southern California Gas Company

92 F.3d 1191 · Court of Appeals for the Ninth Circuit · Mar 27, 1996

To achieve that goal, Vernon established a municipal utility and sought to obtain natural gas for its customers. … To qualify for the immunity, a private party must meet a two-prong test: "(1) the challenged restraint [must] be clearly articulated and affirmatively expressed as state policy; and (2) the state [must] actively supervise

Concepcion Ceguerra Napoleon Ceguerra v. Secretary of Health & Human Services

933 F.2d 735 · Court of Appeals for the Ninth Circuit · May 15, 1991

The Secretary, however, maintains that the transfer or provision of goods or services in kind can never qualify as a loan. … Bowen, 803 F.2d 1377, 1381-82 (5th Cir.1986), that the provision of in-kind maintenance and support can qualify as a loan.

97 Cal. Daily Op. Serv. 3603, 97 Daily Journal D.A.R. 6141 Chee Kin Jang v. Janet Reno, Attorney General of the United States Thomas J. Schiltgen, District Director of the Immigration & Naturalization Service Joseph L. Thomas, Director, Western Service Center of the Immigration & Naturalization Service Doris Meissner, Commissioner, Immigration & Naturalization Service Immigration and Naturalization Service Anthony C. Moscato, Director, Executive Office for Immigration Review Executive Office of Immigration Review United States Department of Justice Madeleine Albright, Secretary of State of the United States U.S. Department of State

113 F.3d 1074 · Court of Appeals for the Ninth Circuit · May 14, 1997

The CPSA waived application of some of the general exclusion categories to otherwise qualifying PRC nationals, but retained others. … As explained in Matter of Ognibene, 10 Clearly, it is not the prerogative or position of the United States to require a dual national alien nonimmigrant to elect to retain one or another of his nationalities.

Cathy Miller Hardy v. Commissioner of Internal Revenue

181 F.3d 1002 · Court of Appeals for the Ninth Circuit · Jul 2, 1999

Therefore, Hardy cannot qualify for innocent spouse protection for tax years 1983 and 1984 under § 66(b). … Thus, the *1008 Tax Court properly concluded that she did not qualify for innocent spouse treatment under § 66(c).

Resisting Environmental Destruction on Indigenous Lands, Redoil v. United States Environmental Protection Agency

716 F.3d 1155 · Court of Appeals for the Ninth Circuit · Dec 26, 2012

REDOIL argued that § 7627 establishes an “unambiguous mandate” requiring the EPA to do so. … qualify as a boundary for defining ambient air.

Gail N. ROLLER, Plaintiff-Appellant, v. CITY OF SAN MATEO Et Al., Defendants-Appellees

572 F.2d 1311 · Court of Appeals for the Ninth Circuit · Dec 30, 1977

She contends, however, that this was no reason for placing her upon sick leave, since she was still qualified for light police work. … The reason for this does not clearly appear but could have been because light duty was not desired by the officers to whom it was offered.

United States v. Shawn Joaquin Smith, AKA "S-Man"

962 F.2d 923 · Court of Appeals for the Ninth Circuit · Apr 24, 1992

Brown entered a guilty plea to Counts I and II of the indictment and agreed to testify against Hall and Smith in exchange for a grant of immunity as to Count III. … Even were we to assume that this first comment, standing alone, would have qualified as an “invited response”, the full exegesis could not properly be so characterized. .

County of San Mateo v. Chevron Corp.

32 F.4th 733 · Court of Appeals for the Ninth Circuit · Apr 19, 2022

We held that federal jurisdiction was proper if the employee’s accident occurred on property that qualified as a federal enclave. … As a result, the Energy Companies have failed to establish that a federal issue is “necessarily raised” by the complaints.

Oscar Garcia , III v. John Pope

Court of Appeals for the Ninth Circuit · Mar 25, 2021

The district court properly granted summary judgment for defendants on Garcia’s deliberate indifference claim on the basis of qualified immunity because defendants’ conduct in providing Garcia with a warm/hot shower as … part of decontamination procedures after he was pepper sprayed did not violate clearly established law.

Johnson v. Pliler

62 F. App'x 180 · Court of Appeals for the Ninth Circuit · Apr 25, 2003

. § 2254 petition challenging this “three-strikes” sentence for selling or furnishing cocaine with five prior qualifying felony convictions. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm. … Andrade, — U.S. -, 123 S.Ct. 1166, 1174-75 , 155 L.Ed.2d 144 (2003) (affirmance of two consecutive 25-years to life sentences for petty theft was *181 not contrary to or an unreasonable application of clearly established

Curtis v. Inslee

Court of Appeals for the Ninth Circuit · Oct 6, 2025

Because we affirm on the basis of Employees’ failure to state a claim, we do not decide the questions of state action and qualified immunity addressed by the district court. … Employees’ substantive due process claim regarding the PREP Act’s grant of immunity also fails.

John P. McKenzie v. General Telephone Company of California, Dba Gtel

41 F.3d 1310 · Court of Appeals for the Ninth Circuit · Dec 5, 1994

As a management level employee of GTEL, McKenzie qualified to participate in the Plan. … Nor has McKenzie claimed Travelers was unfairly administering the Plan by applying standards which are not embraced within its terms; the “any occupation” standard is clearly set forth in the Plan. See Clark v.

Metro Publishing, Ltd., a California Partnership v. San Jose Mercury News, a California Corporation

987 F.2d 637 · Court of Appeals for the Ninth Circuit · Mar 8, 1993

The racks are of the same type and located in the same sorts of establishments as Metro’s racks. … We can reverse the denial only if we find that the district court abused its discretion or based its decision on an erroneous legal standard or on clearly errone *640 ous findings of fact. Id.

Li Bin Lin v. Alberto R. Gonzales, Attorney General

472 F.3d 1131 · Court of Appeals for the Ninth Circuit · Jan 9, 2007

Ill DISCUSSION The Attorney General may grant asylum to any applicant who qualifies as a “refugee.” 8 U.S.C. § 1158 (b)(1)(A). … This case clearly involves a coercive population control program. Birth control officials informed Lin’s brother that he had to be sterilized.