Case law

United States v. Cruz

554 F.3d 840 · Court of Appeals for the Ninth Circuit · Feb 10, 2009

Indian blood or more” in order to qualify for descendant status as well. … Under this ordinance, Cruz would not appear to qualify for any tribal status whatsoever.

David Weil v. Citizens Telecom Services Co.

922 F.3d 993 · Court of Appeals for the Ninth Circuit · Apr 29, 2019

Weil: She had made it a – that the statement saying that she felt I was qualified for the job. … KIRKPATRICK, FEDERAL EVIDENCE § 8:53 (4th ed. 2018) (Rule 801(d)(2)(D) “clearly endorses [admission] . . . where the speaker is himself the alleged tortfeasor.”).

Chw West Bay, Dba Seton Medical Center v. Tommy g.thompson, Secretary of Health and Human Services

246 F.3d 1218 · Court of Appeals for the Ninth Circuit · Apr 18, 2001

BACKGROUND The Medicare Act, 42 U.S.C. §§ 1395 -1395ggg, establishes a system of health insurance for the aged and disabled. … Seton exaggerates when it asserts that the TEFRA statute clearly addresses the application of incentive payments to adjustments.

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.

United States v. Kail

612 F.2d 443 · Court of Appeals for the Ninth Circuit · Nov 21, 1979

In paragraph 45 of the affidavit, Shaver averred that confidential informants stated that even if they were immunized and given protective custody they would be unwilling to testify at any proceedings for fear of their safety … The district court’s finding was not clearly erroneous. Shaver explicitly denied that his information was derived from the illegal wiretap.

Forester v. Chertoff

500 F.3d 920 · Court of Appeals for the Ninth Circuit · Aug 29, 2007

Department of Treasury, 500 U.S. 1, 7 , 111 S.Ct. 1562 , 114 L.Ed.2d 1 (1991), establishes that their claims would not have been barred had they waited 30 or more days after filing their notices of intent to sue before filing … Section 633a acts as a waiver of Federal sovereign immunity. Lehman v. Nakshian, 453 U.S. 156, 160 , 101 S.Ct. 2698 , 69 L.Ed.2d 548 (1981).

Timothy Olmos v. Charles Ryan

623 F. App'x 903 · Court of Appeals for the Ninth Circuit · Dec 2, 2015

immunity because it would not have been clear to every reasonable prison official that defendant’s actions were unlawful. … Ct. 2074, 2080, 2083 (2011) (explaining two-part test for qualified immunity).

Nutrition Distribution LLC v. Ironmag Labs, LLC

978 F.3d 1068 · Court of Appeals for the Ninth Circuit · Aug 25, 2020

And White, Buchanan, and Budinich establish that Rule 59 does not extend to issues “collateral” to the merits of a case, such as a post-judgment motion for attorneys’ fees. … The Supreme Court in Budinich squarely rejected an approach “that requires the merits or nonmerits status of each attorney’s fee provision to be clearly established before the time to appeal can be clearly known.” Id.

United States v. Varela-Marquez

45 F. App'x 820 · Court of Appeals for the Ninth Circuit · Sep 16, 2002

Consequently, we remand for re-sentencing to allow the district court to review the existing record and any state court documents that may be obtained in order to determine whether Varela-Marquez’s 1984 burglary conviction qualifies … Rivera-Sanchez, 247 F.3d 905, 908-09 (9th Cir.2001) (en banc) (stating that when a the statute is broader than the generic definition, the court should examine other documents or judicially noticeable facts that clearly establish

27 Fair empl.prac.cas. 1273, 28 Fair empl.prac.cas. 1820, 28 Empl. Prac. Dec. P 32,404 Floyd W. Williams, Jr., Plaintiffs/cross-Appellees, Alice Brice, Plaintiff/appellant/cross-Appellee, Robert Harold and Aunita Jones, Plaintiff-Intervenors/appellants/cross-Appellees, and Charlotte Harris, Plaintiff-Intervenors/cross-Appellees v. Owens-Illinois, Inc., Defendant/appellee/cross-Appellant

665 F.2d 918 · Court of Appeals for the Ninth Circuit · Jan 11, 1982

Local 55, International Association of Firefighters, 633 F.2d 817 , 823 (9th Cir. 1980), clearly establish that proof of intent is required. 2. Jury Trial 32 Section 1981 provides both legal and equitable remedies. … The company must (a) consider all applicants whose skills inventory forms show them to be qualified; (b) if there are no women applicants, solicit female applicants from qualified Oakland plant employees and/or from qualified

Barker Brothers Corporation v. National Labor Relations Board

328 F.2d 431 · Court of Appeals for the Ninth Circuit · Feb 20, 1964

In our opinion, this is the type of economic pressure, at least with respect to employers operating retail establishments, from which Congress sought to immunize the employer. 24 'Thus, it is readily apparent that a quantitive … There is a fundamental weakness in much legislative history, particularly in floor debates, on which both parties rely, which is clearly apparent here.

United States v. Vahe Dadyan

76 F.4th 955 · Court of Appeals for the Ninth Circuit · Aug 7, 2023

The panel held that Artur failed to establish that the district court clearly erred in calculating the amount of restitution. … Accordingly, Artur fell far short of establishing that the district court clearly erred in calculating restitution. IV.

Hunsaker v. Contra Costa County

149 F.3d 1041 · Court of Appeals for the Ninth Circuit · Jul 20, 1998

Crowder clearly established that “section 12132 requires the state to provide ‘meaningful access’ to state services, programs, and activities for the disabled.” Ackley v. … That finding is not clearly erroneous. Denial of “meaningful access” is a necessary element of an actionable disparate impact claim.

United States v. Chake G. Kojayan, United States of America v. Hratch Meguerdity Kalfayan

8 F.3d 1315 · Court of Appeals for the Ninth Circuit · Nov 1, 1993

Defense counsel didn’t say the government had given Nourian immunity; he said it could have done so, which is certainly true. It is equally true that the defense could not give Nourian immunity. … Unlike defense counsel, who carefully preceded each departure from the record with a qualifier like “I submit,” the prosecutor categorically asserted that Nourian “has Fifth Amendment rights.

Federiso v. Holder

605 F.3d 695 · Court of Appeals for the Ninth Circuit · May 19, 2010

Sustain- ing the Government’s appeal, the BIA held that “to be eligible for a waiver of removal” under § 1227(a)(1)(H)(i), “an alien must establish a qualifying relationship to a living relative.” … HOLDER 7179 statutory eligibility requirements that Congress has laid out quite clearly. IV.

Gonzalez Ex Rel. Gonzalez v. City of Anaheim

747 F.3d 789 · Court of Appeals for the Ninth Circuit · Mar 31, 2014

Officers Wyatt and Ellis do not request qualified immunity under prong two of the Saucier v. Katz, 1 Pearson v. … Callahan 2 test on the ground that what they did had not been clearly established to be a violation of the excessive force prohibition of the Fourth Amendment.

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

Brezilien v. Holder

569 F.3d 403 · Court of Appeals for the Ninth Circuit · Jun 18, 2009

Nevertheless, the IJ noted that Brezilien had been granted asylum in 1993, and at that time had established a well-founded fear of persecution. … The BIA improperly relied upon its own factual findings to conclude that Brezilien had not established a well-founded fear of future persecution, had not established that it is more likely than not that he will suffer persecution

Total Tv, a Wisconsin Corporation, Dba Total Tv v. Palmer Communications, Inc. And Colony Communications, Inc.

69 F.3d 298 · Court of Appeals for the Ninth Circuit · Oct 24, 1995

There is a wide range of competitive rates that a cable company could establish that are neither excessive nor below cost. … Exempting rate regulation under the 1984 Act from antitrust laws but then removing that immunity in the 1992 Act would leave an intervening window of eight years.

Mines v. Gardner

8 F.3d 28 · Court of Appeals for the Ninth Circuit · Sep 29, 1993

immunity because at the time it was not clearly established that digital rectal probe searches were unconstitutional even though based on less than probable cause. 1 The defendants also argue that Mines' probe search was … Therefore, the defendants are entitled to summary judgment on the basis of qualified immunity. See Act Up!