Case law

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).

Scott A. Walker v. Roger Endell, Director, of the Alaska Department of Corrections

850 F.2d 470 · Court of Appeals for the Ninth Circuit · Jun 27, 1988

Willhite, who was granted immunity in return for testimony against Walker, also testified that Hopkins changed the plan by drawing his gun, and that Willhite feared Hopkins. … The trial judge clearly knew that' Walker was acquitted of the murder charge, and thus knew to treat the facts with caution.

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).

United States v. Karim Hussein Al Nasser, AKA Karim Hussein Al-Nasser, Karim H. Alnasser, Kram Nseelt, Karim H. Alaassar

479 F.3d 1166 · Court of Appeals for the Ninth Circuit · Mar 20, 2007

That testimony established an issue of fact as to whether the Border Patrol agents did or did not tell A1 Nasser to stop. … A1 Nasser argues that the district court’s finding was clearly erroneous because it was contrary to the tribal officer’s testimony.

United States v. Darin Ray Goodrich

919 F.2d 1365 · Court of Appeals for the Ninth Circuit · Nov 20, 1990

: I think it clearly has been established that the extent of his perjury, the aggravating factor[,] clearly allows the court, under 5K2 to depart upward. … What I think these guidelines establishes [sic] is that when there is a false statement made, a perju-rious statement made, that the guidelines fail.

United States v. Koenig

952 F.2d 267 · Court of Appeals for the Ninth Circuit · Dec 19, 1991

did not clearly err in calculating the intended loss. … Hussey argues that he did not qualify as a manager or supervisor because he did not direct other members of the conspiracy.

Nationstar Mortgage LLC v. Saticoy Bay LLC

996 F.3d 950 · Court of Appeals for the Ninth Circuit · May 5, 2021

The panel noted that, as with most questions in this case, that this issue had already been clearly and repeatedly answered. … Curcio] . . . was qualified to testify about the business practices and procedures for inputting the underlying data.

Veterans for Common Sense v. Shinseki

663 F.3d 1033 · Court of Appeals for the Ninth Circuit · May 10, 2011

Clearly v. Brown, 8 Vet. App. 305, 308 (1995) (emphasis added); see also Dacoran v. Brown, 4 Vet. … Mental health care and disability compensation are clearly 'benefits.'

Nikolay Otchkov v. Alan Everett

678 F. App'x 476 · Court of Appeals for the Ninth Circuit · Jan 30, 2017

immunity. … See id. at 968 (“State officials are entitled to qualified immunity ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”

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.

Guido Bini v. City of Vancouver

Court of Appeals for the Ninth Circuit · Dec 17, 2018

Officer Aldridge is entitled to qualified immunity on Bini’s First Amendment retaliatory arrest claim. … The majority concludes that we need not wait for the Supreme Court’s decision in Nieves because Officer Aldridge will be entitled to qualified immunity either way. I disagree.

Robert Contreras v. Julio Benavides

603 F. App'x 530 · Court of Appeals for the Ninth Circuit · Feb 20, 2015

Defendants are not entitled to qualified immunity because the law was clearly established that shooting an unarmed, physically trapped suspect in the back four times is excessive force. Tennessee v.

Twin Falls Canal Co. v. American Falls Reservoir Dist. No. 2

59 F.2d 19 · Court of Appeals for the Ninth Circuit · May 23, 1932

No liability against appellee is established. Nor do the provisions of section 21 of the contract between appellee and the United States change the actionable relation. … The & i, j cases cited by appellant have been examined and considered, but are either not persuasive . , [. .717 or clearly distinguishable. Affirmed.

Cascadia Wildlands v. Scott Timber Co.

105 F.4th 1144 · Court of Appeals for the Ninth Circuit · Jun 26, 2024

degradation” which “significantly impair[s] . . . breeding” qualifies as an act that “actually kills or injures wildlife.” 50 C.F.R. § 17.3. … ’s proffered regional-level evidence to establish causation.

ASSE International, Inc. v. Kerry

803 F.3d 1059 · Court of Appeals for the Ninth Circuit · Oct 9, 2015

Indeed, if the regulations had been enacted as statutes by Congress, we clearly would have law to apply and could review the State Department’s actions under the APA. … Eldridge, the Supreme Court established a balancing test for determining how much process is due.

Kevin McBRIDE, Plaintiff-Appellant, v. PLM INTERNATIONAL, INC., Defendant-Appellee

153 F.3d 972 · Court of Appeals for the Ninth Circuit · Aug 20, 1998

“This statute is clearly meant to protect whistle blowers.” Hashimoto v. Bank of Hawaii, 999 F.2d 408, 411 (9th Cir.1993). … To hold otherwise allows an employer’s wrongful conduct to immunize it from federal liability.

Madero Pouncil v. James Tilton

704 F.3d 568 · Court of Appeals for the Ninth Circuit · Nov 21, 2012

Tilton cannot raise qualified immunity to such a claim. See Vance v. Barrett, 345 F.3d 1083, 1091 n.10 (9th Cir. 2003) (noting, “[A] defense of qualified immunity is not available for prospective injunctive relief.” … Unlike Ledbetter, who was unable to point to a later act that fully established the alleged violation, Ledbetter, 550 U.S. at 629, Pouncil does point to a later act, the 2008 denial, that fully establishes a First Amendment