Case law

Michael Murray v. Mayo Clinic

934 F.3d 1101 · Court of Appeals for the Ninth Circuit · Aug 20, 2019

Title I of the ADA provides that “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees … Gross and Nassar undermine Head’s reasoning such that the cases are clearly irreconcilable.

Borg v. Boas

231 F.2d 788 · Court of Appeals for the Ninth Circuit · Jan 30, 1956

The truth of whatever charges were made must have been established by defendants for them to prevail on the plea of truth. Testimony as to this feature was submitted by both sides. … The tendered evidence as to procedure in a preliminary hearing, when the prosecuting attorney and complaining witness fail to appear, was clearly immaterial under the circumstances of the case.

Larry P. v. Riles

793 F.2d 969 · Court of Appeals for the Ninth Circuit · Jan 23, 1984

Based on the evidence in the record, the district court finding that the appellant had not established validation of the test is not clearly erroneous. 6 The district court also found that the appellant did not utilize the … The district court’s finding is not clearly erroneous, and thus appellees established a prima facie case of a Title VI violation based upon discriminatory effect.

Fund for Animals, Inc. v. Lujan

962 F.2d 1391 · Court of Appeals for the Ninth Circuit · Apr 29, 1992

The state’s immunity under the Eleventh Amendment may be waived only where the state gives an unequivocal indication that it has consented to suit in a federal court. Atascadero State Hospital v. … A review of the evidence demonstrates that the district court’s findings are not clearly erroneous.

Securities and Exchange Commission v. Dain Rauscher, Inc. Kenneth D. Ough and Virginia O. Horler

254 F.3d 852 · Court of Appeals for the Ninth Circuit · Jun 26, 2001

SEC, 151 F.3d 810, 812 (8th Cir.1998) (GAAS are “well-established norms of the accounting profession”). … City and County of Denver, 100 F.3d 744, 748 (10th Cir.1996) ("Congress also clearly intended that municipal securities would remain subject to the antifraud provisions.”).

Maison v. Confederated Tribes of Umatilla Indian Reservation

314 F.2d 169 · Court of Appeals for the Ninth Circuit · Feb 15, 1963

Thus, in both the Tulee and Makah cases it was held that the Indians’ right to fish is qualified by the state’s right to regulate such fishing when necessary for conservation. … But, to establish necessity the state must prove two facts: first, that there is a need to limit the taking of fish, second, that the particular regulation sought to be imposed is “indispensable” to the accomplishment of

John I. Haas, Inc. v. Wellman

186 F.2d 862 · Court of Appeals for the Ninth Circuit · Jan 31, 1951

The case presents the same two main issues present in the other two cases: (1) qualify of the hops and (2) the proper measure of damages. … While we express no opinion on what view of this conflicting evidence we might take we cannot say that the finding of the trial court is clearly erroneous.

American Constitutional Party, Libertarian Party, Bicentennial Reality Party, and Socialist Workers' Party v. Ralph Munro, Secretary of State

650 F.2d 184 · Court of Appeals for the Ninth Circuit · Jul 6, 1981

appeals explained that the causal relation between the lawsuit and the relief received “must be more than simple knowledge that litigation may occur,” and that the chronology of events, while a “factor to consider” was “clearly … Id. at 1163 . 17 It is clear, then, that the courts have required consistently that plaintiffs seeking to qualify as “prevailing parties” establish some sort of clear, causal relationship between the litigation brought and

United States v. Ressam

679 F.3d 1069 · Court of Appeals for the Ninth Circuit · May 4, 2012

See, e.g., Ashcroft v. al-Kidd, — U.S. -, 131 S.Ct. 2074, 2079, 2083 , 179 L.Ed.2d 1149 (2011) (holding that ordinary qualified immunity standard protects officials in a suit alleging an unconstitutional use of the material … But the burden is not on the district court to establish that its sentence is reasonable.

Edward JUDIE, Plaintiff-Appellant, v. Darrell HAMILTON, M.D.; Donald Bodenhamer; Marvin Hart; Brenda Woodward, Defendants-Appellees

872 F.2d 919 · Court of Appeals for the Ninth Circuit · Apr 18, 1989

Such a benefit, though not a contractual right of employment, may qualify as a “privileg[e]” of employment under Title VII. … Burns, 427 U.S. 347 , 96 S.Ct. 2673 , 49 L.Ed.2d 547 (1976), as clearly protecting political appointees from discrimination on the basis of race. Adams, 695 F.2d at 107 .

United States v. Harper

729 F.2d 1216 · Court of Appeals for the Ninth Circuit · Apr 3, 1984

The instant order clearly satisfies the first two requirements. … In this regard, the district court clearly erred.

M.W. Kellogg Constructors, Inc. v. National Labor Relations Board, National Labor Relations Board v. M.W. Kellogg Constructors, Inc., National Labor Relations Board v. United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 250, Afl-Cio

806 F.2d 1435 · Court of Appeals for the Ninth Circuit · Dec 30, 1986

We agree with both Kellogg and the Board that the statements were sufficient to establish the existence of an unwritten agreement or understanding between Kellogg and Local 250 with respect to the order of preferences for … The ALJ found that those who qualified for Book 1 "were usually members of the Respondent Union," and that those "who qualified for the remaining three categories, Books 2, 3 and 4, were usually either travelers or nonmembers

Clarence Ray Allen v. Steven W. Ornoski, Warden, of the California State Prison at San Quentin Attorney General of the State of California

435 F.3d 946 · Court of Appeals for the Ninth Circuit · Jan 15, 2006

Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989), to determine what qualifies as clearly established law under AEDPA. … established law.’ ”).

Elisida Zavala-Bonilla v. Immigration and Naturalization Service

730 F.2d 562 · Court of Appeals for the Ninth Circuit · Apr 10, 1984

Nevertheless, upon our full consideration of all factors presented in the record, we find that the respondent clearly has failed to establish that her deportation would result in “extreme hardship” to herself within the meaning … Thus, the BlA's alternative finding that Zavala-Bonilla does not qualify for asylum/withholding of deportation— even assuming, her contentions to be true — is clearly not supported by substantial evidence. 6 .

Juan Miranda v. R. A. Audia

681 F.2d 1124 · Court of Appeals for the Ninth Circuit · Jul 19, 1982

The court further found that the average age of employees qualifying for benefits had steadily decreased. … Establishing national reciprocity agreements under which credited service with one local could be transferred to another.

Helen Weyer v. Twentieth Century Fox Film Corporation

198 F.3d 1104 · Court of Appeals for the Ninth Circuit · Jan 3, 2000

Is Weyer a "qualified individual" under Title I? … We find no clearly expressed legislative intent suggesting that former employees such as [the plaintiff] should be covered under the Act as well. 31 19 The Eleventh Circuit reasoned that "interpreting the ADA to allow any

Rouse v. Lampert

43 F. App'x 162 · Court of Appeals for the Ninth Circuit · Jul 31, 2002

While the Constitution “guarantees a defendant the right to be represented by an otherwise qualified attorney whom that defendant can afford to hire,” a criminal defendant “may not insist on representation by an attorney … The district court did not err in concluding that the trial court’s determination was not contrary to clearly established federal law.

Shaw v. United States

131 F.2d 476 · Court of Appeals for the Ninth Circuit · Oct 26, 1942

The words "Post Office establishment of the United States" are inclusive of the persons making up that establishment who must have received the postpaid envelope enclosing the security to have delivered it to the stock purchasers … Such testimony without compulsion and without claim of immunity does not create the immunity *481 from prosecution provided by the Constitution. Powers v.

United States v. Hoyt

47 F. App'x 834 · Court of Appeals for the Ninth Circuit · Sep 19, 2002

In viewing the affidavit with the omitted information, the proffer of evidence was still more than sufficient to establish probable cause. … In addition, the affidavit clearly set forth the circumstances of the interview, and Hoyt failed to present any evidence that would call into question the veracity of the individual investors. .

Quintanilla v. City of Downey

84 F.3d 353 · Court of Appeals for the Ninth Circuit · May 22, 1996

While this may be true if the plaintiff established that he suffered a constitutional injury, and the officer’s exoneration resulted from qualified immunity, see Palmerin, 794 F.2d at 1414-15 , this proposition has no applicability … Plaintiff failed to establish that he suffered a constitutional injury- *356 In the instant ease, plaintiff’s strategy was to convince the jury to award him damages on the strength of evidence concerning police dog attacks