Case law

Alan Richards v. Lloyd's of London, an Unincorporated Association, John R. Norton, III Doris S. Norton Diane B. Allison Charles G. Bentzin F.M. Binkley Delmar A. Brady Samme Jo Brady George Maning Close Russell M. Collins Peter Dwares Robert Flesvig Donald P. Gallop Charles A. Gerlach, Jr. Robert W. Gerwig Richard C. Henry Michael C. Hirsh R. William Johnston James H. Kayian Joanne S. Kayian-Olooney Suzanne Kayian Lowell Conrad Lundell Judith M. Ott H.E. Rainbolt David L. Rosenblatt Ray Morse Sanderson Claire Tillman Warren G. Vander Voort Peter Beck Harold Franz Ilg John C. Griffin Ted Kosloff Francis J. Milon Glen R. Mogan Melanie M. Norton Joseph F. Weller v. Lloyd's of London, an Unincorporated Association Corporation of Lloyd's, AKA Society of Lloyd's, AKA the Society and Council of Lloyd's

135 F.3d 1289 · Court of Appeals for the Ninth Circuit · Feb 3, 1998

Gooda Walker Ltd., Queen's Bench Division (Commercial Court), The Times 7 October 1994. 6 37 While it is true that the Lloyd's Act immunizes Lloyd's from many actions possible under our securities laws, Lloyd's is not immune … If so, we have been cited to no authority that Lloyd's partial immunity would bar recovery. C 38 The addition of RICO claims does not alter our conclusion.

Long Beach Unified School District v. Dorothy B. Godwin California Living Trust, and Mobil Oil Corporation, Powerine Oil Co.

32 F.3d 1364 · Court of Appeals for the Ninth Circuit · Jul 14, 1994

It’s undisputed that M & P were never involved in dealing with or transporting hazardous substances, so sections (a)(3) and (a)(4) clearly don’t apply. … As a result, the question is whether M & P, as holders of an easement burdening the polluted property, qualify as “owners” or “operators” of the hazardous waste facility.

Moore v. Czerniak

534 F.3d 1128 · Court of Appeals for the Ninth Circuit · Jul 28, 2008

In Anderson , we held that the state court had unreasonably applied the clearly established law of Miranda v. … A contrary ruling would necessarily constitute an unreasonable application of clearly established Supreme Court law.

Pens. Plan Guide P 23915n

66 F.3d 335 · Court of Appeals for the Ninth Circuit · Sep 12, 1995

listing parties that may sue under ERISA civil enforcement provisions). 1 A former employee like Infantino must have "a reasonable expectation of returning to covered employment or a colorable claim to vested benefits" to qualify … DeVoll is clearly fatal to any ERISA claim of Infantino's arising from his employer's promise, in his employment agreement, to include Infantino in any benefit plan established for the prime executive level class of employees

Coles v. Collector of Customs for Port of San Francisco

100 F. 442 · Court of Appeals for the Ninth Circuit · Feb 5, 1900

Anthracite coal is, it is true, specifically named; but it is to be admitted free, subject to the qualifying clause, “not specially provided for in this act.” … framers of the present act had not intended any change with respect to coals, other than in the dutiable rate, they would doubtless have adopted the descriptive language of the previous acts, in accordance with the long-established

DISH Network Corp. v. FCC

653 F.3d 771 · Court of Appeals for the Ninth Circuit · Aug 9, 2011

FCC 10423 (1) At 636 F.3d at 1148: Remove <The satellite carriers benefit from the statutory copyright license established through SHVIA. … The provision accelerates the HD timetable for “qualified noncommercial educational television stations.”

United States v. Louis Luk

859 F.2d 667 · Court of Appeals for the Ninth Circuit · Oct 6, 1988

Pursuant to this request, the magistrate then called the officer who recited the facts which established probable cause. … Today’s majority decision breaks one more strand of protection, opens wider the door to insecurity, and invites still other takings of our immunities. I would reverse the judgment of the district court. .

Kennewick Irrigation District v. United States

880 F.2d 1018 · Court of Appeals for the Ninth Circuit · Jul 12, 1989

Having held that we must remand the question, we observed, “Clearly a decision to use the cheapest and easiest method in contravention of safety standards could not be a protected discretionary function, any more than the … They were not based on public policy and they are not entitled to immunity from lawsuit based on negligence under the discretionary function exception.

C.J.L.G., a Juvenile Male v. Jefferson Sessions

880 F.3d 1122 · Court of Appeals for the Ninth Circuit · Jan 29, 2018

matters of immigration policy, we have heeded the Supreme Court’s admonition that the “‘power to expel or exclude aliens [is] a fundamental sovereign attribute exercised by the Government’s political departments largely immune … “The lack of a full and fair hearing ... will not-alone establish a due process violation. The alien must establish that [ ]he suffered prejudice.” Jacinto, 208 F.3d at 734 .

Terry Wilson v. Larry Kincheloe, Superintendent Ken Killian

86 F.3d 1165 · Court of Appeals for the Ninth Circuit · May 29, 1996

Qualified immunity, however, protects "government officials ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Fitzgerald, 457 U.S. 800, 818 (1982)). 5 The defendants are entitled to qualified immunity for Wilson's claims regarding contact visits and rehabilitative services because, given established Ninth Circuit precedent at the

Petersen Ex Rel. L.P. v. Lewis County

694 F. App'x 474 · Court of Appeals for the Ninth Circuit · Aug 3, 2017

Ct. 548, 552 (2017) (per curiam) (reiterating “the longstanding principle that ‘clearly established law’ should not be defined ‘at a high level of generality’” (citations omitted)). … The district court therefore correctly granted qualified immunity to McKnight on the excessive force claim.

Nigg v. United States Postal Service

555 F.3d 781 · Court of Appeals for the Ninth Circuit · Feb 4, 2009

FLSA overtime and availability pay differ significantly, both in terms of the hours of work required to qualify, and the way in which pay is calculated. … Accordingly, the Postal Service’s interpretation is reasonable only if the Postal Service can establish either that § 1003(c) repealed the application of FLSA’s overtime provisions to the inspectors, or, that the inspectors

California Federal Life Insurance Company v. Commissioner of Internal Revenue

680 F.2d 85 · Court of Appeals for the Ninth Circuit · Jun 25, 1982

Section 1001(b) is clearly intended to permit a realistic assessment of the economic gain or loss attending a sale or exchange. … The aggregate fair market value of the gold coins was established at the aggregate currency exchange value of the 110,079.9 Swiss francs. 76 T.C. at 108 . 2 .

Fernando Belmontes, Jr. v. Jill L. Brown, Warden, for the California State Prison at San Quentin

414 F.3d 1094 · Court of Appeals for the Ninth Circuit · Jul 15, 2005

reasonably determines ■ the facts and correctly identifies the governing federal standard, a federal court can grant a writ of habeas corpus only if the state court was objectively unreasonable in its application of clearly-established … However, we have held that circuit court holdings suffice to create “clearly established” rale of law under Teague. Bell v. Hill, 190 F.3d 1089, 1091 (9th Cir.1999).

Edmond Carmona v. Domino's Pizza, LLC

73 F.4th 1135 · Court of Appeals for the Ninth Circuit · Jul 21, 2023

Rather, the Court expressly pretermitted whether “last leg” drivers like the D&S drivers in this case qualified for the exemption, stating: We recognize that the answer will not always be so plain when the … Unless Rittmann is somehow “clearly irreconcilable” with Saxon, we are required to continue to follow it.1 Miller v. Gammie, 335 F.3d 889, 899–900 (9th Cir. 2003) (en banc).

Malmin v. Board of Com'rs of Idaho State Bar

30 F.3d 139 · Court of Appeals for the Ninth Circuit · Aug 2, 1994

The district court denied most of these requests and confined discovery to the anti-trust claim, granting the defendants' motion to stay discovery on all other issues until the question of defendants' qualified immunity was … violate clearly established principles of which a reasonable person should have known.

Campbell v. Allied Van Lines Inc.

410 F.3d 618 · Court of Appeals for the Ninth Circuit · Jun 7, 2005

arbitration decision qualifies as timely. … Lacking overwhelming evidence to suggest that the statute’s language is at odds with a clearly expressed legislative intent to the contrary, we defer to the plain meaning of the text actually adopted by Congress.

In Re Worlds Of Wonder Securities Litigation

35 F.3d 1407 · Court of Appeals for the Ninth Circuit · Sep 15, 1994

Rather, the prospectus clearly warned that the company's attempt to improve internal controls could prove to be inadequate. … That contention is not sufficient to establish scienter. "[T]he mere publication of inaccurate accounting figures, or a failure to follow GAAP, without more, does not establish scienter."

United States v. Xochitl Garcia-Santana

743 F.3d 666 · Court of Appeals for the Ninth Circuit · Feb 20, 2014

We have held the agreement of thirty-five, or even thirty-three, jurisdictions qualifies as sufficient consensus to establish the generic definition of a crime. See Estrada- Espinoza v. … GARCIA-SANTANA 21 interpretation adopted by the agency is clearly reasonable — and it would be a waste of time to conduct that inquiry.”); Tibble v.

Santiago v. Rumsfeld

425 F.3d 549 · Court of Appeals for the Ninth Circuit · Sep 28, 2005

In so providing, the contract was reflecting well-established rules of law applicable to enlistment contracts. See Winters v. … Because his National Guard unit was alerted prior to his scheduled separation date, the stop-loss policy clearly applies to Santiago.