Case law

Great Western Bank v. Office of Thrift Supervision

916 F.2d 1421 · Court of Appeals for the Ninth Circuit · Oct 18, 1990

To begin with, the First Federal decision, an informal adjudication without clearly articulated reasoning, does not constitute a well-established practice on which GW-California could justifiably rely. See NLRB v. … Although it was wrongly decided, First Federal clearly was limited to the specific facts of that case. .

Weilburg v. Shapiro

488 F.3d 1202 · Court of Appeals for the Ninth Circuit · Jun 1, 2007

Here, the gravamen of the complaint is that the defendants returned Weilburg to Illinois in violation of state and federal law, by ignoring established extradition procedures and effectively kidnapping Weilburg. … immunity apply here, and whether either Daro Weilburg or Maria Weilburg can possibly prove that the defendants have caused any damages.

Ahmanson Foundation v. United States

674 F.2d 761 · Court of Appeals for the Ninth Circuit · Apr 16, 1982

We therefore review it under the "clearly erroneous" standard. Fed.R.Civ.P. 52(a); Sutton v. … Once the government has established this threshold burden, the burden shifts back to the taxpayer.

Steven Tucker v. Adoc

Court of Appeals for the Ninth Circuit · Jul 16, 2020

The district court properly dismissed plaintiffs’ claims in counts 10 through 13 on the basis of qualified immunity because, at the time of the search in 2015, it would not have been clear to every reasonable prison official … 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

The Daido Line v. Thomas P. Gonzalez, Corporation

299 F.2d 669 · Court of Appeals for the Ninth Circuit · Feb 26, 1962

is not thoroughly dry will deteriorate under the ordinary conditions of a sea voyage, and that, on this evidence, the defense of inherent vice was so clearly established that judgment for the shipper can be explained only … These certificates reflected the results of a thorough examination of the cargo, contemporaneous with the shipment, by a qualified and disinterested person, and both parties properly accorded them great weight.

United States v. Joseph Lamont Stokes

286 F.3d 1132 · Court of Appeals for the Ninth Circuit · Apr 15, 2002

Because Stokes had previous qualifying convictions, he was sentenced to 240 months of incarceration under 18 U.S.C. § 924 (e), the ACCA. … The standard of reasonable suspicion was clearly met. Hayes had informed the police that he had shown the guns to *1136 Stokes, and had seen Stokes place something in the trunk of his car.

Tiffany Aguayo v. S.M.R. Jewell

827 F.3d 1213 · Court of Appeals for the Ninth Circuit · Jul 8, 2016

She attested that the word “election” in the 1997 Constitution “means an established election ordinance, polling places, an election committee, and absentee ballots.” … In California Valley Miwok Tribe, the plaintiff and a very small group of supporters went “rogue” and created a new constitution that was clearly not supported by the majority of the tribe. Id. at 1267.

Amber Wright v. State of Washington

459 F. App'x 647 · Court of Appeals for the Ninth Circuit · Nov 23, 2011

In determining whether a state actor is entitled to qualified immunity, we must consider whether the plaintiff has alleged facts showing that the state actor violated a statutory or constitutional right, and, if so, whether … that right was clearly established at the time of the alleged violation.

Michael Wayne Riggs v. J.W. Fairman, Jr., Warden

399 F.3d 1179 · Court of Appeals for the Ninth Circuit · Mar 7, 2005

Under AED-PA, we may grant the petition only if the state court’s denial of relief: (1) resulted in a decision that was either “contrary to,” or was an “unreasonable application” of “clearly established federal law” as set … "It is past question that the rule set forth in Strickland qualifies as clearly established Federal law, as determined by the Supreme Court of the United States." Williams v.

Shins v. Laytonville Unified School Dist.

46 F.3d 1145 · Court of Appeals for the Ninth Circuit · Feb 8, 1995

We also review de novo whether qualified immunity bars the Shins' claims. Maraziti v. … In addition, "[t]he right the official is alleged to have violated must have been 'clearly established'....

Reynaldo Tongol, Plaintiffs-Appellees/cross-Appellants v. William J. Usery, Jr., Defendants-Appellants/cross-Appellees

601 F.2d 1091 · Court of Appeals for the Ninth Circuit · Aug 6, 1979

Under the Emergency Extended Benefits program established by the Act, federal funds were provided for states to pay up to 26 weeks of addition unemployment compensation to persons exhausting their rights to compensation under … “Anyone who ventures into the thicket of the legislative history of § 1983 quickly realizes that there is no clearly marked path to the correct interpretation of this statute.” ( Chapman, supra, - U.S. at -, 99 S.Ct. at 1919

United States v. Lonnie Lillard

935 F.3d 827 · Court of Appeals for the Ninth Circuit · Aug 28, 2019

These considerations are not so weighty, however, that they render the government’s competing interpretation clearly unreasonable. Nor does the legislative history of the MVRA settle the matter. … The issue before us is one of statutory interpretation—whether pretrial detention qualifies as “a period of incarceration” under § 3664(n).

Monster Energy Company v. City Beverages, LLC

940 F.3d 1130 · Court of Appeals for the Ninth Circuit · Oct 22, 2019

The RUAA also establishes a 14 MONSTER ENERGY V. … We note that although judges are bound by somewhat different rules than arbitrators, judges are clearly not immune from recusal requirements when our neutrality might be reasonably questioned. See, e.g., Caperton v.

Lee Fook Chuey, Also Known as Huey Gock Yut and Jimmie Huey v. Immigration and Naturalization Service

439 F.2d 244 · Court of Appeals for the Ninth Circuit · Feb 22, 1971

They should never be construed as establishing statutory schemes which are illogical, unjust or capricious. … Thus, it clearly has little bearing upon this case because it is based upon differing and independent governmental policies.

Kumar v. Gonzales

189 F. App'x 612 · Court of Appeals for the Ninth Circuit · Jul 11, 2006

Second, if he did, his determination was clearly improper. Kumar was detained for nearly a week by the police, during which time he was frequently beaten. … , qualify as persecution); Chand v.

Navajo Nation v. Usdoi

Court of Appeals for the Ninth Circuit · Feb 17, 2022

In doing so, the Court observed that it had previously “found that particular ‘statutes and regulations . . . clearly establish fiduciary obligations of the Government’ in some areas.” … We stress that Winters rights are long-established and clearly qualify as rights “by implication” under a treaty. Gros Ventre, 469 F.3d at 810 (quoting Shoshone-Bannock, 56 F.3d at 1482).

Epic Games, Inc. v. Apple Inc.

Court of Appeals for the Ninth Circuit · Dec 11, 2025

The commission prohibition is clearly not compensatory. … That precise issue was whether the plaintiffs could sue under the UCL’s “unfair” prong assuming that Colgate immunized Apple.

Jerry L. Anderson v. Central Point School District No. 6, a Municipal Corp., Rod Groshong, in His Individual and Official Capacities, Defendant/counter-Claimant/appellant v. Oregon Education Association, Counter-Defendant/appellee

746 F.2d 505 · Court of Appeals for the Ninth Circuit · Oct 29, 1984

Also without merit is the contention that the superintendent enjoys good faith immunity for his March 1981 action. … The district court correctly held that it was "clearly established" in March 1981 that teachers cannot be disciplined for exercising their first amendment rights.

Committee of Dental Amalgam Manufacturers & Distributors v. Stratton

92 F.3d 807 · Court of Appeals for the Ninth Circuit · Aug 5, 1996

The manufacturer argued that plaintiffs state causes of action were preempted by the MDA because they qualified as state “requirement[s] ... different from ... … right of action, Congress would have barred most, if not all, relief for persons injured by defective *812 medical devices_ Medtronic’s construction of § 360k would therefore have the perverse effect of granting complete immunity

Ponce v. Ashcroft

101 F. App'x 734 · Court of Appeals for the Ninth Circuit · Jun 23, 2004

We need not consider whether Huerta Ponce established the requisite ten years of continuous physical presence because his failure to establish the requisite hardship is dispositive. … . § 1229b(b)(l); Romero-Torres, 327 F.3d at 889 (noting that an applicant must establish continuous physical presence, good moral character and hardship to qualify for relief). Pursuant to Desta v.