Case law

Saul 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.

Li Chen Zheng, AKA Zheng Li Chen v. John Ashcroft, Attorney General

332 F.3d 1186 · Court of Appeals for the Ninth Circuit · Jun 18, 2003

The IJ, however, ruled that Zheng “failed to establish the standard for asylum ... [and] failed to establish the standard for withholding of deportation.” … To qualify for relief under the Convention Against Torture, Zheng must establish that it is more likely than not that if removed to China, the snakeheads would torture him and that the torture would be inflicted with the

Klamath Water Users Protective Ass'n v. Patterson

191 F.3d 1115 · Court of Appeals for the Ninth Circuit · Sep 9, 1999

In recognition of the federal government’s various obligations related to the Project, Reclamation initiated a public process to establish a new operating plan for the Dam. … This language clearly evinces the intent of the parties to limit intended beneficiaries to the contracting parties.

Vedin v. McConnell

22 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.

Jones Intercable of San Diego, Inc. v. City of Chula Vista

67 F.3d 846 · Court of Appeals for the Ninth Circuit · Oct 5, 1995

Jones is clearly wrong in urging that we must review section 555a(a) under a standard of strict scrutiny. Section 555a(a)’s prohibition of damages is content-neutral. … These First Amendment concerns are served by the immunity and they are not applicable to utilities like water, gas and electricity.

Tilcock v. Budge

Court of Appeals for the Ninth Circuit · Aug 14, 2008

Habeas relief is warranted only if the state court’s decision was contrary to, or involved an unreasonable application of, clearly established federal law as determined by the Supreme Court, or resulted in an unreason- able … If Petitioner’s trial counsel had provided effective assistance by objecting to the proffered non-qualifying convictions and thereby limited the trial court’s consideration to two qualifying convictions, Petitioner would

Fields v. Palmdale School District

427 F.3d 1197 · Court of Appeals for the Ninth Circuit · Nov 2, 2005

to quali- fied immunity. … Finally, they argued that they are not liable under California law because their actions were discretionary and state law immunity applies.

In Re John Houtman and Gladys Irene Houtman, Bankrupts. John Houtman and Gladys Irene Houtman v. Edgar F. Mann and Edna M. Mann, Creditors-Appellees

568 F.2d 651 · Court of Appeals for the Ninth Circuit · Jan 25, 1978

Zick be regarded as holding more than this, its more expansive reading must be considered as qualified by the enactment of the 1970 Amendments. … We hold that his findings of fact were not clearly erroneous. 3 A state court judgment based on fraud is sufficient to establish a prima facie case that it represents a debt nondischargeable under § 17(a)(2).

William Schenck v. Tana Wood Tom Rolfs Chase Riveland Evonne Edwards D. Potts Russell Al Scamahorn Warneka, Sgt.

113 F.3d 1242 · Court of Appeals for the Ninth Circuit · May 16, 1997

III 7 Schenck's claim for damages fails because the WSP defendants are entitled to qualified immunity. … An official is entitled to qualified immunity if: (1) the law governing the official's conduct was not clearly established or (2) a reasonable official could have believed the conduct at issue was lawful. See Act Up!

Hudson v. Moore Business Forms, Inc.

827 F.2d 450 · Court of Appeals for the Ninth Circuit · Sep 2, 1987

The facts are in dispute as to whether Hudson was qualified for a transfer or was offered the opportunity to do so. Id. at 473 . … The fact that others may have engaged in abusive pleading practices is not a convincing reason to immunize Littler from sanctions. III.

Living Designs, Inc. And Plant Exchange, Inc., Hawai'i Corporations v. E.I. Dupont De Nemours and Company, a Delaware Corporation, Anthurium Acres, a Hawai'i General Partnership, Successor in Interest to Island Tropicals Mueller Horticultural Partners, a Hawai'i Limited Partnership v. E.I. Dupont De Nemours and Company, a Delaware Corporation, McConnell Inc., a California Corporation v. E.I. Dupont De Nemours and Company, a Delaware Corporation, Living Designs, Inc. And Plant Exchange, Inc., Hawai'i Corporations David Matsuura, Individually and Dba Orchid Isle Nursery Stephen Matsuura, Individually and Dba Hawaiian Dendrobium Farm Fuku-Bonsai, Inc. David W. Fukumoto Living Designs, Inc. And Plant Exchange, Inc. McConnell Inc., a California Corporation Anthurium Acres, a Hawai'i General Partnership, Successor in Interest to Island Tropicals Mueller Horticultural Partners v. E.I. Dupont De Nemours and Company, a Delaware Corporation

431 F.3d 353 · Court of Appeals for the Ninth Circuit · Dec 5, 2005

;" and (3) "there is no stated or clear Congressional intent to abrogate litigation immunity." … "Rule 702 allows admission of `scientific, technical, or other specialized knowledge' by a qualified expert if it will `assist the trier of fact to understand the evidence or to determine a fact in issue.'" Daubert v.

Andrews v. King

398 F.3d 1113 · Court of Appeals for the Ninth Circuit · Feb 22, 2005

Although the Magistrate Judge, relying on the PACER docket records, identified prior cases that potentially qualified as strikes under § 1915(g), only one case plainly qualified as a strike because the docket record showed … The Meaning of a Strike 50 I also do not agree that a dismissal for filing a clearly improper appeal is not a dismissal on the basis of frivolity.

Xue Lu v. United States

921 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.

Annan-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 .

United States v. Virgilio Patricio Flores

753 F.2d 1499 · Court of Appeals for the Ninth Circuit · Feb 21, 1985

To require those persons to reveal their intended illegal action would clearly subject *1507 them to a substantial hazard of self-inerimi-nation. … A use immunity provision is not inconsistent with the goal of regulating the flow of weapons over state and national borders.

Pritikin v. Department of Energy

254 F.3d 791 · Court of Appeals for the Ninth Circuit · Jun 13, 2001

Section 9620 waives the federal government’s sovereign immunity and makes those federal departments and agencies which qualify as PRPs subject to § 9607 liability. … words — to establish that her claim is redressable.

Anselmo Chavez v. Lockheed Missiles & Space Company, Inc.

53 F.3d 337 · Court of Appeals for the Ninth Circuit · Apr 26, 1995

Second, Chavez was not recommended to Keegan, did not apply for the position and failed to present evidence establishing Keegan was aware Chavez was qualified and available for the position. … In light of these facts, the district court's conclusion that Lockheed was not properly served is not clearly erroneous.

Speed Shore Corp. v. Denda

605 F.2d 469 · Court of Appeals for the Ninth Circuit · Oct 1, 1979

We cannot say that such a finding was clearly erroneous. . … But a patent affords no immunity for a monopoly not within the grant (citations omitted), and the use of it to suppress competition in the sale of an unpatented article may deprive the patentee of the aid of a court of equity

United States v. Baker

658 F.3d 1050 · Court of Appeals for the Ninth Circuit · Sep 20, 2011

BAKER 17847 amine from the car and that those amounts clearly totaled more than 50 grams of methamphetamine. … As this Court has pointed out, “parole is an established variation on imprisonment of convicted criminals . . . .

Taisho Marine & Fire Insurance Co., Ltd. v. M/v Sea-Land Endurance Sea-Land Service, Inc.

815 F.2d 1270 · Court of Appeals for the Ninth Circuit · Apr 27, 1987

We review the court’s determination of whether the established facts fall within the parameters of the peril of the sea defense under the deferential, clearly erroneous standard. See United States v. … No Beaufort Scale index exists which divides cases into those qualifying for the peril of the sea exception and those which do not.