Case law

Glenn Weible and Patricia Weible v. United States

244 F.2d 158 · Court of Appeals for the Ninth Circuit · Apr 15, 1957

supported by substantial evidence and is not “clearly erroneous.” … These two conditions were clearly met * * In Dunn v.

Townsend v. Benavente

339 F.2d 421 · Court of Appeals for the Ninth Circuit · Dec 16, 1964

Likewise, viewed as a factual resolution, the result does not appear clearly erroneous. … Notes: 1 The nut is indigenous to Guam, freely available, and equivalent in size to a small plum 2 The doctrine of charitable immunity was not raised in this case 3 Derivative liability of an insurer may be established in

California Ass'n of Physically Handicapped, Inc. v. Federal Communications Commission

721 F.2d 667 · Court of Appeals for the Ninth Circuit · Dec 8, 1983

For the reason discussed below, CAPH cannot legally qualify as a prevailing party under Section 505(b). In Fitzharris v. … The Supreme Court’s decision in Gottfried clearly states that the FCC is not a funding agency and therefore has no obligation to enforce Section 504. See discussion of Section 504 in text above. .

Mitchell Fields v. Cheryl Burson

606 F. App'x 340 · Court of Appeals for the Ninth Circuit · May 28, 2015

There is no clearly established law that a prisoner 3 should be released from ad seg immediately upon the prison’s learning of the presence of a hostile guard. … Even if Fields could establish a violation of his rights, the defendants would be entitled to qualified immunity. See id. Fields’s unopposed motion to take judicial notice is granted.

97 Cal. Daily Op. Serv. 6013, 97 Daily Journal D.A.R. 9887 United States of America v. Julio Cesar Ramos-Oseguera, AKA Jesse Sotero Ramos-Oseguera, AKA Placo Maria De Lourdes Reyes-Sandoval, AKA Ana Roberto Ramirez, AKA Carlos Montoy, AKA Prado Samuel Robles-Lopez

120 F.3d 1028 · Court of Appeals for the Ninth Circuit · Jul 30, 1997

The government did not call the one witness, however, who could establish the § 924(c) violations, because it became apparent that the witness would invoke his Fifth Amendment right not to incriminate himself. … as a result of the government's failure to grant them immunity on its own. 40 Immunity is an executive, not a judicial, function, and this court has emphatically rejected the argument that the sixth amendment provides a

Jones v. Bradley

590 F.2d 294 · Court of Appeals for the Ninth Circuit · Feb 20, 1979

The ULC as a Religion 4 It is clearly impermissible to inquire into the "truth" of religious doctrines or beliefs. United States v. Ballard, 322 U.S. 78 , 64 S.Ct. 882 , 88 L.Ed. 1148 (1944). … Under the standards of these cases, the ULC probably would not qualify as a religion. Expert testimony heard by the district court also urged this conclusion. But see Remmers v.

Brett Johnson v. San Benito County

640 F. App'x 649 · Court of Appeals for the Ninth Circuit · Feb 17, 2016

Reviewing the district court’s grant of summary judgment and its qualified immunity determinations de novo, Furnace v. Sullivan, 705 F.3d 1021, 1026 (9th Cir. 2013), we affirm. … -3- Johnson’s argument incorrectly conflates the summary judgment and qualified immunity standards.

Tiffany Hill v. Xerox Business Services

868 F.3d 758 · Court of Appeals for the Ninth Circuit · Aug 7, 2017

9 hourly workers a ‘per-minute’ rate and thereby avoid the Washington law governing workers paid on a per-hour rate.”6 There is certainly merit to this argument; defining a unit of production as a minute is clearly … These documents hardly establish an industry standard, but they do nominally support the idea that compensating employees on a per-minute basis arises out of the unique situation facing call centers.

97 Cal. Daily Op. Serv. 3379, 97 Daily Journal D.A.R. 5849 Barbara Moore v. Dan Glickman, Secretary of Agriculture, Dan Shaw, Thomas Von Garlem, Larry Fleming, Charles Matthews, Pablo R. Reyes, Diane Bowman Friend, Ken White, John Smythe, Floyd Cotton, Ralph Thompson, Freddie Lee, and John Wright Moore

113 F.3d 988 · Court of Appeals for the Ninth Circuit · May 7, 1997

The ASCS was established pursuant to the Soil Conservation and Domestic Allotment Act, Pub.L. No. 46, 49 Stat. 163 (1935). … Defendants filed a motion for summary judgment, asserting that there were "special factors" that precluded the judicial creation of a Bivens remedy and that defendants were entitled to either qualified or absolute immunity

Sardi's Restaurant Corporation, Sardi's Restaurant Services, Inc., and Vincent Sardi v. Lyle Sardie and Western Pubs, Inc.

755 F.2d 719 · Court of Appeals for the Ninth Circuit · Mar 12, 1985

Moreover, although the use of one's surname is not a "defense" to a trademark infringement action, courts generally allow the use of one's own name if reasonable precautions are taken: 30 The concept that there should be some qualified … More importantly, even if appellant had clearly established his right to exclusive use of the mark, that is only relevant to the likelihood of success or the existence of serious issues on the merits.

Poulos v. Caesars World, Inc.

379 F.3d 654 · Court of Appeals for the Ninth Circuit · Aug 10, 2004

INS, 373 F.3d 952, 960-61 (9th Cir.2004) (holding that reaching issues of subject matter jurisdiction is necessary to ensure meaningful review of a qualified immunity ruling on interlocutory appeal); Isaacs v. … Emphasizing the intrinsic link between the district court's preliminary injunction and Younger abstention decisions, we reasoned that, "[l]ike subject matter jurisdiction and qualified immunity, ... resolution of the Younger

Christopher John Dillingham v. Immigration and Naturalization Service

267 F.3d 996 · Court of Appeals for the Ninth Circuit · Sep 14, 2001

The rights established are personal rights.”). … However, Ruckbi is clearly inapposite to Dillingham's petition — not only because it involved state crimes committed on United States soil, but also (and more importantly) because it involved an admission of multiple crimes

Eunice Subia v. Commissioner of Social Security

264 F.3d 899 · Court of Appeals for the Ninth Circuit · Sep 5, 2001

The Appeals Council denied Subia’s request on December 23, 1998, finding that Subia had not established a basis for granting a request for review. … Subia has advanced no rational argument explaining why an ALJ residing in California would be any more qualified to hear her case or more likely to provide her with a fair hearing than an ALJ residing elsewhere.

William S. Peterson and Betty M. Peterson v. Commissioner of Internal Revenue

380 F.2d 1 · Court of Appeals for the Ninth Circuit · Jun 5, 1967

The certificates hardly would qualify as fungible. They were the sort of tailor-made thing that an ordinary man dealing with himself might use. … That the tax court may disregard the form of a transaction in favor of .the substance is established. Gooding Amusement Co. v.

American Fidelity Fire Insurance v. United States District Court

538 F.2d 1371 · Court of Appeals for the Ninth Circuit · Jun 18, 1976

The government first contended that it had not waived its immunity to be sued in the state or district court. … When a district court rules on a venue change motion totally at odds with the relevant facts, it may make sense to review the decision on the basis whether it is clearly erroneous or an abuse of discretion.

Arnold Maxwell Harris v. George Jacobs

621 F.2d 341 · Court of Appeals for the Ninth Circuit · Jun 11, 1980

There are various criteria for determining whether the same cause of action is involved in the two suits: (1) whether rights or interests established in the prior judgment would be destroyed or impaired by prosecution of … Thus, the relevant evidentiary facts clearly differ from those involved in the prior state habeas proceeding. Finally, a res judicata bar is not indicated under the “same right” test.

United States v. Bagdasarian

652 F.3d 1113 · Court of Appeals for the Ninth Circuit · Jul 19, 2011

A statute like § 879, “which makes criminal a form of pure speech, must be interpreted with the commands of the First Amendment clearly in mind.” Watts v. … Although the State cannot criminalize constitutionally protected speech, the First Amendment does not immunize “true threats.” Id. at 708 , 89 S.Ct. 1399 . The Court held in Virginia v.

Valencia v. Terhune

48 F. App'x 269 · Court of Appeals for the Ninth Circuit · Oct 15, 2002

Furthermore, the agent’s suggestion does not qualify as outrageous conduct. Cf. United States v. … Because the state court’s decision was neither contrary to nor an unreasonable application of clearly established Federal law, nor was it based on an unreasonable determination of the facts, the district court properly dismissed

Vikesh Datt SHARMA; Vijanti Devi Sharma, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

89 F.3d 545 · Court of Appeals for the Ninth Circuit · Jul 16, 1996

The BIA correctly found that Petitioners’ traffic difficulties do not qualify as exceptional circumstances beyond Petitioners’ control. … The BIA’s decision further observed that § 242B establishes the "exceptional circumstances” standard to re scind a deportation order entered in absentia.

Joshua Gonzalez v. City of Huntington Beach

Court of Appeals for the Ninth Circuit · Feb 1, 2021

”; and (B) if so, “whether the right in question was clearly established at the time of the officer’s actions, such that any reasonably well-trained officer would have known that his ** The Honorable … Despite the Officers’ constitutional violation, the doctrine of qualified immunity protects them from liability.