Case law

Morgan v. United States

323 F.3d 776 · Court of Appeals for the Ninth Circuit · Mar 18, 2003

Tunnell, 937 F.2d 1382 (9th Cir.1991), maintains that a heightened pleading standard should be applied in this case because the government asserted the defense of qualified immunity before the district court. … A search “conducted without a warrant is ‘per se unreasonable under the Fourth Amendment— subject only to a few specifically established and well delineated exceptions.’” United States v.

United States v. Charles Robinson Berry

258 F.3d 971 · Court of Appeals for the Ninth Circuit · Aug 2, 2001

The district court’s conclusion that Berry was an organizer or leader under U.S.S.G. § 3Bl.l(a) is not clearly erroneous. … Its conclusion that Berry was an organizer or leader under U.S.S.G. § 3Bl.l(a) was not clearly erroneous. AFFIRMED.

53 Fair empl.prac.cas. 59, 53 Empl. Prac. Dec. P 40,006 Claude Rodriguez, Leroy E. Gibbs v. General Motors Corporation H.R.M. Committee David Harriet Marlin Hess Kenneth Bridges K.C. Beck Dennis Heinemann Richard Conrad Robert Weatherly

904 F.2d 531 · Court of Appeals for the Ninth Circuit · Jun 6, 1990

To establish a prima facie case under Sec. 1981 Gibbs had to show that he was a member of a protected class; that he applied and was qualified for an open position; that he was rejected; and that the position remained open … His deposition clearly presented a question of fact as to whether the job was merely the lateral transfer the district court thought it was or a substantially new opportunity. 13 The Effect of Patterson.

Perfect 10, Inc. v. Amazon.com, Inc.

487 F.3d 701 · Court of Appeals for the Ninth Circuit · May 16, 2007

Perfect 10 claims that it sent qualifying notices to Google and Google did not act expeditiously to remove the infringing material. … The district court did not clearly err in concluding that Amazon.com lacked a direct financial interest in such activities.

Douglas Keith Krohne v. Kurt S. Peterson

74 F.3d 1246 · Court of Appeals for the Ninth Circuit · Jan 17, 1996

Sec. 1983 on qualified immunity grounds. … Again, it would be premature to reach such a conclusion on this limited record. 29 A two-part inquiry determines whether defendants are entitled to qualified immunity: 1) Was the law governing the defendants' conduct clearly

Scott Nordstrom v. Charles Ryan

762 F.3d 903 · Court of Appeals for the Ninth Circuit · Aug 11, 2014

Nordstrom alleges that Hawthorne “took [the] clearly marked ‘legal mail’ envelope and removed the two page letter and proceeded to read the content of [the] correspondence.” … A court must dismiss a complaint if it is "frivolous, malicious, or fails to *908 state a claim upon which relief may be granted,” or if it "seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C

United States v. Fabian Barrios-Gutierrez

218 F.3d 1118 · Court of Appeals for the Ninth Circuit · Jul 14, 2000

As the district court did not err in the first instance, the majority’s citation to cases discussing what qualifies as harmless error is besides the point. … Defendant: Yes, I hear, but I don't understand very clearly what he’s saying. Court: I'm not sure that I understand what his intentions are in that respect.

San Francisco Baykeeper v. Cargill Salt Division

481 F.3d 700 · Court of Appeals for the Ninth Circuit · Mar 7, 2007

That colorable allegation clearly gave the district court jurisdiction over the case, see 33 U.S.C. § 1365(a), 28 U.S.C. § 1331, and we have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. … Baykeeper’s failure to establish that Cargill’s Pond was a water of the United States is a failure to make out a case, not a failure to establish the jurisdiction of the court. See Arbaugh v. Y & H Corp., 126 S.

Hawaiian Telephone Co. v. Public Utilities Commission of State of Hawaii

827 F.2d 1264 · Court of Appeals for the Ninth Circuit · Sep 11, 1987

They would be equally immune to private enforcement actions and to enforcement actions brought by the FCC and the federal government. … The PUC clearly has supreme authority with regard to intrastate ratemaking; but the PUC is not entitled to define boundaries of its intrastate sphere that are different from those established by the valid FCC order.

United States v. Premo

470 F.3d 914 · Court of Appeals for the Ninth Circuit · Dec 13, 2006

Thus, Bly-Magee did not establish that she was the original source of the allegations publicly disclosed in Bly-Magee II. 11 2. … The audit thus publicly disclosed the allegations. 21 For the same reasons that Bly-Magee failed to establish that she was an original source of the disclosure in Bly-Magee II, she failed to establish that she was an original

Frank Donahue Jackson Killough, AKA Chris Killough, an Individual v. William Casey, an Individual, and Greg Winters, an Individual

21 F.3d 1112 · Court of Appeals for the Ninth Circuit · Apr 25, 1994

If the clearly established law is determined at too high a level of generality, it will not be an objective standard at all and "[p]laintiffs would be able to convert the rule of qualified immunity ... into a rule of virtually … Because Officer Donahue failed to demonstrate that Captain Winters deprived him of his clearly established constitutional rights, I would reverse the order denying the motion for a summary judgment based on qualified immunity

United States v. Juan Rodrigo Gamez-Orduno, Jose Martinez-Carra, Jesus Martinez-Villa

235 F.3d 453 · Court of Appeals for the Ninth Circuit · Dec 14, 2000

Breach of Immunity Agreement [Martinez-Villa] 55 Martinez-Villa contends that the government breached the immunity agreement it reached with him governing the free talk session he had on August 11, 1998 with the government … The district court did not err in determining that there was no violation of the immunity agreement.

Acosta v. Pacific Enterprises

950 F.2d 611 · Court of Appeals for the Ninth Circuit · Dec 11, 1991

Clearly, it is not. . Acosta refers to the SoCal Gas Plan as an “employee stock ownership plan” (ESOP), which is an individual account plan "designed to invest primarily in qualifying employer securities.” … In addition, the SoCal Gas Plan does not designate itself as an ESOP, but as “a plan intended to qualify as a stock bonus plan."

Rabkin v. Oregon Health Sciences University

350 F.3d 967 · Court of Appeals for the Ninth Circuit · Nov 24, 2003

, the OTCA effectively serves as a partial waiver of sovereign immunity. … In effect, the OTCA serves as a limited waiver of sovereign immunity, and accordingly it limits the government’s tort liability, not merely as a cap on damages.

Brinker-Johnson Co. And Walter W. Johnson v. Reconstruction Finance Corporation

236 F.2d 195 · Court of Appeals for the Ninth Circuit · Aug 14, 1956

Appellee has challenged our jurisdiction, claiming that the present action is in substance a suit against the United States which, it is argued, has not waived its sovereign immunity by consent to suit. … Menihan Corp., 1941, 312 U.S. 81 , 61 S.Ct. 485 , 85 L.Ed. 595 , clearly establish that R. F. C. may be sued. Appellee cites Atlantic Meat Co. v. R. F. C., 1 Cir., 1948, 166 F.2d 51 , and R. F. C. v.

Henault Mining Co. v. Tysk

419 F.2d 766 · Court of Appeals for the Ninth Circuit · Nov 14, 1969

Henault clearly is not satisfied. … practical matter, exploration must precede the discovery of minerals, and some occupation of the land ordinarily is necessary for adequate and systematic exploration, legal recognition of the pedis possessio of a bona fide and qualified

Johnson v. Couturier

572 F.3d 1067 · Court of Appeals for the Ninth Circuit · Jul 27, 2009

Plaintiffs established all four elements of the governing standard, and Defendants have failed to demonstrate that the district court based its decision either on an erroneous legal standard or on clearly erroneous findings … Moss Adams issued a qualified opinion that the merger transaction was fair to the ESOP from a financial and economic perspective.

Lau Fook Kau v. United States

34 F.2d 86 · Court of Appeals for the Ninth Circuit · Jul 29, 1929

Altogether there are twelve (12) of us who can take turn twelve (12) times; total receipts sixty dollars ($60.00).’ ” A letter attempting to arrange such an assignation is clearly within the statute prohibiting the mailing … As to whether it was intended to convey that meaning, I don’t think I am qualified — not qualified to state that he intended to convey that meaning.

United States v. John Lakatos

241 F.3d 690 · Court of Appeals for the Ninth Circuit · Feb 8, 2001

The government's first contention-that the federal condition of supervised release and the state court enforcement order are not inconsistent-is clearly wrong. … Thus, the district court’s formulation of a repayment schedule at odds with the order of the California Superior Court qualifies as federal intervention into a “traditional area of state concern.” Id.

Richard Essery v. Department of Transportation, National Transportation Safety Board Federal Aviation Administration

857 F.2d 1286 · Court of Appeals for the Ninth Circuit · Sep 19, 1988

We are unconvinced, however, that a take-off or landing conducted without unnecessary maneuvers is immune from the strictures of FAR § 91.79 even if the landing site was not unduly hazardous. … Sufficient evidence in the record exists to establish that both operations violated FAR § 91.9.