Case law

James R. Weaver, in His Capacity as Sole Proprietor of Abe's Shop v. Multnomah County Patrick Nelson, Individually and in His Capacity as an Officer for the Portland Police Bureau

142 F.3d 447 · Court of Appeals for the Ninth Circuit · Apr 14, 1998

In the answer, Lieutenant Nelson claimed qualified immunity. … On appeal, Lieutenant Nelson argues that the district court should have granted him qualified immunity. This court reviews the determination of qualified immunity de novo. Newell v.

United States v. Robert James Andrino

501 F.2d 1373 · Court of Appeals for the Ninth Circuit · Jul 10, 1974

Giordano introduced him to Walter Baronick (who was indicted along with Andrino, but was given immunity to testify at the trial). … A more clearly stated, open-ended directive by the legislative branch to the executive branch could not have been phrased. Although the issue was not squarely presented and resolved, the Supreme Court, in Perez v.

United States v. Gomez

Court of Appeals for the Ninth Circuit · Jan 13, 2026

We now overrule our precedent establishing such an exception. … Both before and after Borden, we have consistently held that Section 245(a)(1) qualifies as a crime of violence.

Coughlan v. American Seafoods

Court of Appeals for the Ninth Circuit · Jul 6, 2005

Direct evidence typi- cally consists of clearly sexist, racist, or similarly discrimina- tory statements or actions by the employer. … Coghlan thus suggests that evidence such as ASC’s choice to pass over Coghlan in favor of an allegedly less-qualified Norwe- gian qualifies as “direct.”

Howard Lee Vaughn, Jr. v. James Rowland Eddie Ylst I. Henry G. Mueller M. Montes S.L. Hubbard F.X. Chavez J.M. Batchelor, Jr. E. Terry R.E. Kirkland

79 F.3d 1155 · Court of Appeals for the Ninth Circuit · Mar 18, 1996

Anderson, 924 F.2d 1500, 1509 (9th Cir.1991) (concluding that qualified immunity barred the inmate's suit seeking damages against prison officials because "[a]t the time defendants acted, there was no clearly established … Thus, the district court properly found that defendants were entitled to qualified immunity.

Maria Gonzalez v. State of Arizona

624 F.3d 1162 · Court of Appeals for the Ninth Circuit · Oct 26, 2010

The district court did not clearly err in concluding that Gonzalez failed to establish that Proposition 200’s requirements caused any disparate impact on Latinos. … The state would provide a free photo identification to “qualified voters able to establish their residence and identity.” Id. at 1614.

Assimonye v. Gonzales

173 F. App'x 543 · Court of Appeals for the Ninth Circuit · Mar 3, 2006

Those facts establish clearly that Assimonye suffered past persecution in Nigeria on account of his membership in the Organisation for the Restoration of Biafra (ORB) and “Biafra,” a political music group. … To qualify for such relief, he must demonstrate that “it is more likely than not that he ... would be tortured if removed to [Nigeria].” 8 C.F.R. § 208.16 (c)(2).

Newpoint Financial Corp. v. Bermuda Monetary Authority

Court of Appeals for the Ninth Circuit · Jan 13, 2025

Here, there is no evidence that BMA clearly intended to be subject to suit in the United States, and it is thus entitled to FSIA immunity. We affirm dismissal of Newpoint’s claims as to BMA. 2. … BMA, which is itself immune from suit as established above, must be allowed to conduct its sovereign regulatory activities without subjecting its employees to personal suit in the United States on account of statements

United States v. Casillas

257 F. App'x 39 · Court of Appeals for the Ninth Circuit · Nov 18, 2007

However, because his plea was nolo contendere rather than guilty, Casillas admitted neither the charges nor any facts, and the government points to no documents that “establish clearly and unequivocally the conviction was … based on all of the elements of a qualifying predicate offense.”

Northwest Indian Cemetery Protective Ass'n v. Peterson

795 F.2d 688 · Court of Appeals for the Ninth Circuit · Jul 22, 1986

This finding is not clearly erroneous. 10 IY. … The religious uses described by the Report unquestionably qualify as "religious” by the narrowest definition.

Peter Voggenthaler v. Maryland Square LLC

724 F.3d 1050 · Court of Appeals for the Ninth Circuit · Jul 26, 2013

Maryland Square Has Not Shown That It Qualifies for an Exception to CERCLA Liability, and It Is Clearly Responsible for Reimbursement Under Nevada State Law Maryland Square contends that even if CERCLA may … An owner seeking to qualify as a bona fide prospective purchaser must establish, among other things, that it purchased the 26 VOGGENTHALER V.

League Of Wilderness Defenders v. Forsgren

309 F.3d 1181 · Court of Appeals for the Ninth Circuit · Nov 4, 2002

However, the administrative history of the regulation leaves no doubt that the qualifying phrase "from which there is natural runoff" reaches back to qualify all the listed activities, including pest control. 29 An early … In response to arguments that some of the activities at issue were not clearly point sources, the D.C.

Sarah Weeden v. Deborah Johnson

854 F.3d 1063 · Court of Appeals for the Ninth Circuit · Apr 21, 2017

JOHNSON 15 to, or involved an unreasonable application of,” clearly established Supreme Court law. 28 U.S.C. § 2254(d)(1). B. … Because such action is inconsistent with clearly established Supreme Court precedent and the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), I respectfully dissent. I.

Stephen Wendell v. Glaxosmithkline LLC

858 F.3d 1227 · Court of Appeals for the Ninth Circuit · Jun 2, 2017

Weisenburger is an expert hematopathologist—a physician trained in the study and diagnosis of diseases of the bone marrow and the immune system—with more than 30 years of experience diagnosing non-Hodgkin lymphoma. … While independent research into the topic at issue is helpful to establish reliability, its absence does not mean the experts’ methods were unreliable.

Chula Vista Citizens for Jobs & Fair Competition v. Norris

782 F.3d 520 · Court of Appeals for the Ninth Circuit · Apr 3, 2015

The elector requirement clearly furthers this essential purpose of the initiative system. 11 C. … More than sixty municipal initiatives qualified for the ballot during calendar years 2009-2010, the time period during which the plaintiffs sought to qualify Proposition G for the ballot.

Eli Mesirow and Thomas Morris v. Pepperidge Farm, Inc., a Connecticut Corporation

703 F.2d 339 · Court of Appeals for the Ninth Circuit · Jan 25, 1983

Thus, we are not prevented from holding that the wholesale context of the agreement in the case before us is at least a factor in immunizing Pepperidge from Simpson illegality. … Where there is no proof of market power, however, the conduct to support an inference of specific intent to monopolize should be of a kind clearly threatening to competition or clearly exclusionary.

William E. H. TAGUPA, Plaintiff-Appellant, v. BOARD OF DIRECTORS, Research Corp., University of Hawaii, Defendants-Appellees

633 F.2d 1309 · Court of Appeals for the Ninth Circuit · Dec 12, 1980

Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), for the proposition that the plaintiff bears the initial burden of showing that (1) he belongs to a racial minority; (2) he applied and was qualified for a job … establish that he did not complete the application process, and accordingly summary judgment was appropriately entered against him.

Dillon v. United States

792 F.2d 849 · Court of Appeals for the Ninth Circuit · Jun 19, 1986

Can the fair rental value of the land be allocated to “income derived directly from the land,” to qualify for exemption under the Capoeman rule? … An Indian’s “wardship [status] with limited power over his property does not, without more, render him immune from the common burden [of federal income taxation].” Id. 2.

United States v. Jose Valencia-Mendoza

912 F.3d 1215 · Court of Appeals for the Ninth Circuit · Jan 10, 2019

Martinez, 870 F.3d 1163, 1165 (9th Cir. 2017), we conclude that later Supreme Court decisions are clearly irreconcilable with our precedent on this point. … And so to qualify as an aggravated felony, a conviction for the predicate offense must necessarily establish those factors as well. Moncrieffe, 569 U.S. at 195–96 (one citation omitted).

Ferrari, Alvarez, Olsen & Ottoboni, a California Professional Corporation Edward M. Alvarez, an Individual, Plaintiffs-Counter-Defendants-Appellees v. The Home Insurance Company, a New Hampshire Corporation, Defendant-Counter-Claimant-Appellant. Ferrari, Alvarez, Olsen & Ottoboni, a California Professional Corporation Edward M. Alvarez, an Individual, Plaintiffs-Counter-Defendants-Appellants v. The Home Insurance Company, a New Hampshire Corporation, Defendant-Counter-Claimant-Appellees

940 F.2d 550 · Court of Appeals for the Ninth Circuit · Aug 8, 1991

The district court clearly considered the question as one arising under section 1447(c). 32 The non-reviewability of a remand made, even erroneously, under section 1447(c) has been established by Congress in the clearest … The district court clearly invoked section 1447(c) and clearly found that it was without jurisdiction.