Case law
Opinions from 1658 to today.
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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.
Overruled on other grounds by Saffon v. Wells Fargo & Co. Long Term Disability Plan, 522 F.3d 863 (2008)Cited 85 timesPublishedJohn Hancock Mutual Life Insurance v. Watson
917 F.2d 1162 · Court of Appeals for the Ninth Circuit · Oct 25, 1990
On its face, the language clearly refers to all applicable nonbankruptcy law; nowhere does state spendthrift law serve as the referent of “applicable nonbankruptcy law.” … Although the relevant history establishes that Congress intended the phrase to apply to state spendthrift law, it does not establish that Congress intended to limit the phrase to that body of law. See id.
Cited 4 timesPublished152 F.3d 1102 · Court of Appeals for the Ninth Circuit · Aug 10, 1998
The Secretary has never published any regulation describing which independent contractors, if any, qualify as "designated" independent contractors, nor has she established any procedure for "designating" independent contractors … Thus, although it received directions from the owners about where to mine and which material to keep and to process, Blattner clearly exercised sufficient control over the day-to-day working conditions at the mine to warrant
Cited 2 timesPublishedAnnan-Yartey v. Honolulu Police Dept.
351 F. App'x 243 · Court of Appeals for the Ninth Circuit · Nov 5, 2009
Moreover, Officer Pierre was entitled to qualified immunity. See Spoklie v. Montana, 411 F.3d 1051 , 1060 (9th Cir.2005); Jensen v. City of Oxnard, 145 F.3d 1078, 1085 (9th Cir.1998). … Thus, Annan-Yartey failed to establish municipal liability as to Counts 1 and 2. See Gillette, 979 F.2d at 1346-47 .
Cited 0 timesPublishedCourt of Appeals for the Ninth Circuit · Mar 3, 2016
The Eleventh Circuit “had long read Belton to establish a bright-line rule authorizing substantially contemporaneous vehicle searches incident to arrests of recent occupants.” Id. at 2426 (citing United States v. … If the question were qualified immunity, the fact that the precedent is unclear would protect an individual officer from damages. See Saucier v. Katz, 533 U.S. 194, 205 (2001).
Cited 0 timesPublished371 F.3d 593 · Court of Appeals for the Ninth Circuit · Jun 9, 2004
The district court held that Juliet and Piers do not qualify for child's insurance benefits because they are not Netting's "children" under the Act and they were not dependent on Netting at the time of his death. … protection claim 2 Gillett-Netting's complaint also argued that the ALJ's decision unlawfully burdened her substantive due process right to privacy in reproductive decision-making and denied Juliet and Piers the privileges and immunities
Cited 30 timesPublishedRobert Roush v. United States of America, Command Club Management Systems, Enlisted Men's Club
752 F.2d 1460 · Court of Appeals for the Ninth Circuit · Feb 6, 1985
United States, 605 F.2d 721 (4th Cir.1979), we also noted that "Johnson was not subject to any such direct control [as in the case of Mariano ] at the time the negligent act occurred." 704 F.2d at 1440 . 38 This, then, clearly … Tuttle, Senior Circuit Judge, United States Court of Appeals for the Eleventh Circuit, sitting by designation 2 This Act provides in relevant part that the United States waived its sovereign immunity and agreed to be subject
Cited 12 timesPublished841 F.2d 968 · Court of Appeals for the Ninth Circuit · Mar 10, 1988
In other words, does the existence of an alternate jurisdictional basis preserve jurisdiction for resolving title disputes under the QTA, or does the qualifying language of Sec. 2409a(e) simply mean that the disclaimer of … In order to challenge the validity of Eklutna's patents, the Donnellys must establish their own entitlement to the lands. Lee, 809 F.2d at 1410.
Cited 0 timesPublished291 F. App'x 77 · Court of Appeals for the Ninth Circuit · Aug 21, 2008
He argues that Nevada’s burglary statute is broader than the generic definition announced in Taylor , and that the Government failed to unequivocally establish that he pled guilty to burglarizing a building as the term is … Stephens, 237 F.3d 1031, 1034 (9th Cir.2001) (“Because these indictments clearly refer to burglaries of ‘buildings’ within the scope of the definition of ‘burglary’ provided by Taylor , it follows that [the defendant’s prior
Cited 0 timesPublishedCourt of Appeals for the Ninth Circuit · Dec 22, 2025
As an initial matter, the panel addressed its jurisdiction to review the BIA’s determination that Ruiz failed to establish extraordinary circumstances to qualify for an exception to the one-year asylum timeliness requirement … The IJ concluded that Ruiz’s trauma did not qualify as an extraordinary circumstance excusing the untimely asylum application.
Cited 0 timesPublished921 F.3d 850 · Court of Appeals for the Ninth Circuit · Apr 17, 2019
Therefore, the court must “establish a causal link—between the litigant’s misbehavior and legal fees paid by the opposing party.” Id.; see also Miller, 661 F.3d at 1029. … A court would be precluded from assessing attorneys’ fees against the United States unless it waived its sovereign immunity.
Cited 26 timesPublished707 F.2d 1024 · Court of Appeals for the Ninth Circuit · Jun 7, 1983
Xerox conceded that if the machines were in fact leased to the government, they would not qualify as section 38 property. … Since the plain language of the Code and its regulations clearly denies to taxpayer the credit he seeks, we survey the legislative record for “clear contrary evidence of legislative intent.”
Cited 10 timesPublishedSaul E. Bramer v. United States
595 F.2d 1141 · Court of Appeals for the Ninth Circuit · May 16, 1979
State tort law “applies” to the federal government only to the extent that there has been a “clear relinquishment of sovereign immunity.” Dalehite v. United States, supra, 346 U.S. at 31 , 73 S.Ct. 956 . … Second, there is no valid reason why [the employer] should be subjected to more liability simply because it engaged the services of a qualified independent contractor.
Cited 22 timesPublishedUnited 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. .
Cited 128 timesPublished371 F.3d 583 · Court of Appeals for the Ninth Circuit · Jun 9, 2004
the sentencing proceedings and caused the court to impose sentence based upon an incomplete record. 3 The court’s decision to sentence in the face of an incomplete § 5K1.1 motion undermined the clear temporal framework established … However, in order to qualify for a post-sentencing reduction pursuant to Rule 35(b), the defendant is required to provide at least a scintilla of post-sentencing assistance.
Cited 42 timesPublished22 F.2d 753 · Court of Appeals for the Ninth Circuit · Nov 28, 1927
That it must be taken as in some measure qualifying the rule of civiliter mortuus, we have no doubt. Byers v. Sun Savings Bank, 41 Okl. 728 , 139 P. 948 , 52 L. R. A. (N. S.) 320, Ann. Cas. 1916D, 222. … Ed. 331 , are clearly applicable. We pass to a consideration of the question of the sufficiency of defendant’s certificate of location.
Cited 7 timesPublished692 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
Cited 2 timesPublishedRalph B. Mundy v. Household Finance Corporation
885 F.2d 542 · Court of Appeals for the Ninth Circuit · Sep 6, 1989
He can establish a prima facie case of age discrimination by showing that he was (1) over 40 years of age (2) qualified for his position (3) discharged and (4) replaced by a substantially younger employee with equal or inferior … Id. *546 HFC contends that Mundy did not even establish a prima facie case of age discrimination because he failed to prove that he was performing his job satisfactorily and that his replacement, Metzger, was not more qualified
Cited 47 timesPublished288 F. App'x 321 · Court of Appeals for the Ninth Circuit · Jul 11, 2008
But here, & ’ the IJ did relate the ^m%es to the threat a^eSe(ily faced by Vai Vaid’s arrests were clearly part of the government’s reaction to the activities of Sikh militants in the Punjab and, in one case, to a particular … See Gonzalez-Hernandez, 336 F.3d at 1001 n. 5 (holding that, if a petitioner does not qualify for asylum, "it necessarily follows that [he] do[es] not qualify for withholding of removal’’).
Cited 1 timesPublishedOscar 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.
Cited 0 timesUnpublished
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