Case law

Alec Marsh v. J. Alexander's LLC

905 F.3d 610 · Court of Appeals for the Ninth Circuit · Sep 18, 2018

The Guidance also clearly lays out that a server is a dual job employee if her related tasks occupy more than 20% of her hours in a workweek. … Clearly, this guidance does not constitute an 64 MARSH V. J.

United States v. Blackman

72 F.3d 1418 · Court of Appeals for the Ninth Circuit · Dec 29, 1995

The burden of proof is on the party seeking to establish that the privilege applies. Id. at 129 . … Curcio drew a line between "oral testimony and other forms of incrimination" in holding that a custodian of records cannot be compelled to condemn himself by his own oral testimony in the absence of a grant of prosecutorial immunity

Nelson Walker, and Fair Housing Foundation of Long Beach, Counter-Claimant-Appellant v. City of Lakewood, a California Municipality

272 F.3d 1114 · Court of Appeals for the Ninth Circuit · Nov 1, 2001

Columbia Pictures Indus., Inc. 508 U.S. 49, 56 , 113 S.Ct. 1920 , 123 L.Ed.2d 611 (1993) (‘Those who petition government for redress are generally immune from antitrust liability.’). … We have not yet stated clearly which approach we find to be correct. See, e.g., DiRuzza v. County of Tehama, 206 F.3d 1304 (9th Cir.2000).

Byrd v. Maricopa County Sheriff's Department

629 F.3d 1135 · Court of Appeals for the Ninth Circuit · Jan 5, 2011

The court also explained that: Certainly by the time of this search in 1987, the trend, if not the clearly established law, was that an inmate’s constitutional right to privacy is violated when guards of the opposite sex … It is notable that, in determining that the officers involved were entitled to qualified immunity, the First Circuit focused on the emergency conditions surrounding the search.

Martin Ventress v. Japan Airlines

747 F.3d 716 · Court of Appeals for the Ninth Circuit · Mar 28, 2014

Because the FARs established no requirements for airplane stairs, we held that the state tort claims involving airplane stairs in Martin wqre not preempted by federal law. Id. at 812 . … The FAA’s savings clause and Abdullah establish that state law remedies remain available even where federal law preempts state law standards of aviation safety.

Westerheyde v. Immigration & Naturalization Service

71 F. App'x 746 · Court of Appeals for the Ninth Circuit · Aug 7, 2003

A petitioner need not wait until there has been an execution in order to establish a reasonable fear of persecution. … We found the petitioner established a well-founded fear of future persecution. Id. Similarly, in Cardenas v.

Foreman & Clark, Inc. v. National Labor Relations Board

215 F.2d 396 · Court of Appeals for the Ninth Circuit · Jul 30, 1954

“Most of these men who qualify have been in the work most of their lives”. Then there are sewing machine operators, basters, finishers, seamstresses, the fitter at Burbank, pressers, etc. … ‘Cumulative experience’ begets understanding and insight by which judgments not objectively demonstrable are validated or qualified or invalidated.

Murray Weiner,plaintiff-Appellant v. San Diego County

210 F.3d 1025 · Court of Appeals for the Ninth Circuit · Apr 27, 2000

There, we held that a plaintiff might establish that an Arizona district attorney is a county officer when pursuing a criminal prosecution. … Weiner made no showing of a violation “of some right, privilege, or immunity protected by the Constitution or laws of the United States.” Leer, 844 F.2d at 632-33 ; see Williams v.

United States v. Travis Eugene Keesee

358 F.3d 1217 · Court of Appeals for the Ninth Circuit · Mar 1, 2004

New Jersey 7 entitled him to a jury trial on whether the prior violent felonies or drug offenses were established beyond a reasonable doubt. This argument is foreclosed by our decision in United States v. … Newton precludes this argument. 10 Newton holds that “Cumulative punishment does not violate the Double Jeopardy Clause if Congress clearly intended to authorize such punishment.” 11 Congress clearly did intend the additional

Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers

486 F.3d 638 · Court of Appeals for the Ninth Circuit · May 22, 2007

Second, § 301(e) applies effluent limitations established by EPA to all discharges. 33 U.S.C. § 1311 (e). … by the clearly applicable and specific performance standard.

Guam Society Of Obstetricians And Gynecologists v. Ada

100 F.3d 691 · Court of Appeals for the Ninth Circuit · Nov 7, 1996

See 9 Guam Code Ann. 4.60 (Guilt Established by Conspiracy); 4.65 (Criminal Facilitation Established and Punished); 13.30 (Conspiracy: Definition). … Government of Guam, 866 F.2d 294 (9th Cir. 1989) (Guamanian government entitled to sovereign immunity and hence immune from suit in federal court to resolve title to shipwreck in territorial waters). 160 Richard A.

Gonzales v. Phelps Dodge Miami, Inc.

276 F. App'x 622 · Court of Appeals for the Ninth Circuit · May 1, 2008

Established precedent from this circuit compels the court to affirm the district court’s decision. Because the parties are familiar with the facts of this case, we recount them here only as necessary. … Finally, the court does not reach Gonzales’s argument, first raised clearly on appeal at oral argument, that Phelps Dodge Miami violated ERISA by failing to provide Gonzales with notice of changes to the company’s benefits

Culinary & Service Employees Union v. Hawaii Employee Benefit Administration, Inc.

688 F.2d 1228 · Court of Appeals for the Ninth Circuit · Jul 20, 1982

The complaint also alleged that the new union trustees were not qualified under the prudent investor standard of ERISA, 29 U.S.C. § 1104 (a)(1)(B), and the restrictions of the Landrum-Griffin Act, 29 U.S.C. §§ 501 (a), 504 … It is the filing of a notice of appeal that invokes our jurisdiction and establishes the issues to be addressed. Baker v. Limber, 647 F.2d 912, 919 (9th Cir. 1981).

DCD Programs, Ltd. v. Leighton

90 F.3d 1442 · Court of Appeals for the Ninth Circuit · Jul 24, 1996

United States, 406 U.S. 128 , 92 S.Ct. 1456 , 31 L.Ed.2d 741 (1972) the Supreme Court “clearly interpreted § 28(a) as governing the measure of damages that are permissible under § 10(b).” Randall v. … B We also reject the plaintiffs’ argument that interest paid to the IRS may qualify as either out-of-pocket or consequential damages.

Robert Barnett v. U.S. Air, Inc.

196 F.3d 979 · Court of Appeals for the Ninth Circuit · Oct 28, 1999

The majority acknowledges that the legislative history does not clearly support its position and admits that no other circuit has held that ADA accommodation is precluded by a seniority system which is not the result of a … See 42 U.S.C. § 12111 (8) (defining a “qualified individual” as one who can perform the essential functions of the job desired); Foreman v.

George Fields, Personal Representative of the Estate of Laura Fields v. Legacy Health System, An, Oregon Corporation, Dba/legacy Laboratory Services. George Fields, Personal Representative of the Estate of Laura Fields Estate of Laura Fields v. Legacy Health System, an Oregon Corporation, Dba/legacy Laboratory Services.

413 F.3d 943 · Court of Appeals for the Ninth Circuit · Jun 22, 2005

The actions here appealed fall under Oregon's wrongful death statute, section 30.020, which is clearly not within the statutory ranges listed in section 12.160. … products have been granted a privilege or immunity not available equally to others in the same class.

Equal Employment Opportunity Commission, James Aikens James Francis Chris Wilson Shawn Hogya, Intervenors-Appellees v. United Parcel Service, Inc., Equal Employment Opportunity Commission, and James Aikens James Francis Chris Wilson Shawn Hogya, Intervenors-Appellants v. United Parcel Service, Inc., Equal Employment Opportunity Commission, and James Aikens, Intervenor v. United Parcel Service, Inc.

306 F.3d 794 · Court of Appeals for the Ninth Circuit · Sep 20, 2002

essence of a thing; essential," 122 S.Ct. at 691 (quoting Webster's Third New International Dictionary 2280 (1976) and 17 Oxford English Dictionary 66-67 (2d ed. 1989)), the Court concluded that "[t]he word `substantial' thus clearly … In any event, taking all of the evidence as a whole, the EEOC contends that the findings were not clearly erroneous. 32 We agree with the EEOC that the vision protocol is the most compelling evidence of UPS's attitude toward

Jon Marcus v. Eric H. Holder Jr.

Court of Appeals for the Ninth Circuit · Jul 30, 2009

[2] The FECA also established the FEC with six voting members, no more than three of whom may be affiliated with the same political party. Id. § 437c(a)(1). … We have already rejected precisely this argument in Operating Engineers, where we stated that nothing in the FECA “sug- gests, much less clearly and ambiguously [sic] states, that action by the Department of Justice to prosecute

Wiltshire v. Standard Oil Co. of California

652 F.2d 837 · Court of Appeals for the Ninth Circuit · Aug 3, 1981

resolution was not clearly foreshadowed .... … In Bowen we first applied a threshold test to determine whether the decision at issue established a new rule. If a new rule was established, we then applied a three-pronged analysis set out in Stovall v.

Noell v. United States

183 F.2d 334 · Court of Appeals for the Ninth Circuit · Aug 10, 1950

In view of the fact that the concealment relied upon consisted in the transfer óf monies to Klein and Auerbach several months before the trustee qualified, it was essential to show that this concealment continued down to … In fact appellants’ counsel then made comment which clearly indicated approval of the procedure and in addition participated in the arrangement for making the exhibits so available.