Case law

Underwood v. Pierce

761 F.2d 1342 · Court of Appeals for the Ninth Circuit · May 23, 1985

in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee.... 29 The district court concluded that a fee in excess of $75 per … We must consider carefully the scope of the government's waiver of its sovereign immunity. We cannot order an award that has not been "specifically and unequivocally authorized by Congress." Van Hoomissen v.

United States v. Basaaly Moalin

Court of Appeals for the Ninth Circuit · Sep 2, 2020

Given these concerns, due process requires a court to grant use immunity to a defense witness only when the defense establishes that the testimony would be relevant and that: (a) the prosecution intentionally caused … Defendants’ request for immunity for Shidane from arrest abroad was somewhat distinct from a request for use 20 Whether a district court erred by refusing to grant use immunity is a mixed question of law and fact

Agarwal v. Arthur G. McKee & Co.

644 F.2d 803 · Court of Appeals for the Ninth Circuit · May 7, 1981

Ill We review the district court’s factual findings under the clearly erroneous standard of Fed.R.Civ.P. 52(a). We reverse only if we are definitely and firmly convinced that a mistake has been committed. … The district court found that Agarwal established a prima facie case as to almost every part of his case.

Club Level, Inc. v. City of Wenatchee

618 F. App'x 316 · Court of Appeals for the Ninth Circuit · Jul 15, 2015

Clark County, 836 F.2d 1185, 1193 (9th Cir.1988), but we have previously held that “[t]he roommate relationship easily qualifies.” Fair Hous. … Morgan, 296 F.3d 732, 751 (9th Cir. 2002).1 AFFIRMED. 1 Because each of Fila’s claims fails on the merits, we need not address qualified immunity. 6

Eun Kyung Park v. Immigration and Naturalization Service

252 F.3d 1018 · Court of Appeals for the Ninth Circuit · Jun 5, 2001

that: (1) the IJ did not abuse her discretion in denying Park’s last motion for a continuance; (2) the withdrawal of co-counsel before the final hearing did not prejudice Park’s case; and (3) Park’s “conviction record ... established … IIRIRA, however, clearly states, and we have so held, that the modified definition of “aggravated felony” applies retroactively to all defined offenses, regardless of the date of conviction.

Betty Shively, Harold Shively v. United States

5 F.3d 540 · Court of Appeals for the Ninth Circuit · Aug 18, 1993

Sec. 2680 (a). 7 The government has the burden of proving the discretionary function exception to the FTCA's general waiver of immunity. See Prescott v. United States, 973 F.2d 696, 702 (9th Cir.1992). … Highway 44 of possible cattle crossing, but rather to delegate this responsibility to the State of California, is also protected by the discretionary function exception. 14 No mandatory federal statute, regulation, or policy clearly

Larry Zobrest Sandra Zobrest, Husband and Wife James Zobrest, a Minor, by Larry and Sandra Zobrest, His Parents v. Catalina Foothills School District

963 F.2d 1190 · Court of Appeals for the Ninth Circuit · May 1, 1992

He is profoundly deaf, qualifying him as a handicapped child under the Federal Education of the Handicapped Act (“EHA”), 20 U.S.C. § 1401 (a)(1), and Ariz.Rev.Stat. § 15-761(6); see also 34 C.F.R. § 300.5 . … Unlike the aid approved in Allen and Wolman , then, the assistance the state would provide in this case cannot be said to be of a clearly secular and separable nature. 5 Thus, if applied as the Zobrests propose, the statutes

Don Antoine v. County of Sacramento

400 F. App'x 205 · Court of Appeals for the Ninth Circuit · Oct 19, 2010

It is clearly established that restraint for such a purpose is unconstitutional. See Bell v. Wolfish, 441 U.S. 520, 538 (1979). 4. … Defendants acknowledge that they never sought an adjudication of their qualified immunity defense in the district court, so no decision adverse to them exists from which they may take a cross-appeal.

United States v. CNA Financial Corp.

113 F. App'x 205 · Court of Appeals for the Ninth Circuit · Oct 20, 2004

in part on the equitable principle that when an insurance policy is ultimately paid for by a party not named as a beneficiary in the policy, that party “should be able to benefit from that payment unless the [party] has clearly … Thus, Continental would only be entitled to attorneys’ fees if the United States waived its sovereign immunity “under the terms of any statute which specifically provides for such an award.” 28 U.S.C. § 2412 (b).

United States v. William T. Barnes

993 F.2d 680 · Court of Appeals for the Ninth Circuit · May 17, 1993

The district court did not clearly err in finding that Barnes did not meet that burden. … Application note 3 recognizes that there can be more than one person who qualifies as an organizer or leader of a criminal association. U.S.S.G. § 3B1.1 application note 3; see also United States v.

Reno-West Coast Distribution Co. v. Mead Corp.

613 F.2d 722 · Court of Appeals for the Ninth Circuit · Feb 21, 1979

The charge proffered by appellant, however, did *725 not clearly and unambiguously state the law dealing with a General Motors-type horizontal conspiracy. See United States v. … Stillwagon was not so qualified.

Snowden v. Check Into Cash of Washington Inc. (In Re Snowden)

769 F.3d 651 · Court of Appeals for the Ninth Circuit · Sep 12, 2014

Emotional Distress Damages Section 362(k) permits an award of emotional distress damages if the bank *657 ruptcy petitioner “(1) suffer[s] significant harm, (2) clearly establishes] the significant harm, and (3) demonstrate … CIC takes issue only with the bankruptcy court’s findings on the second prong, arguing that Snowden did not clearly establish significant emotional harm but only “[f]leeting or trivial anxiety or distress.”

August C. Wolf Muriel M. Wolf v. Commissioner Internal Revenue Service

4 F.3d 709 · Court of Appeals for the Ninth Circuit · Aug 27, 1993

We need look no farther than Encore’s own marketing literature to hold that the tax court’s findings of negligence are not clearly erroneous: the prospectus focused primarily on the tax benefits of the investment, and established … Therefore, the tax court’s imposition of the increased interest rate was not clearly erroneous.

Anthony Booth v. United States

914 F.3d 1199 · Court of Appeals for the Ninth Circuit · Jan 31, 2019

UNITED STATES immunity for the entire time an injured party is a minor. … UNITED STATES 13 on the legislative history of § 2401 and the sources of subsections (a) and (b), Glenn concluded that Congress did not intend “that the sentence in [§ 2401(a)] qualified the limitation

Bobby Coleman v. United States of America Immigration & Naturalization Service U.S. Department of Justice

24 F.3d 245 · Court of Appeals for the Ninth Circuit · May 2, 1994

Thus, "the employer has discretion to choose among equally qualified candidates, provided the decision is not based upon unlawful criteria." … "Once a Title VII case proceeds to judgment the issue is no longer whether plaintiff has established a prima facie case, but whether there was discrimination." Bouman v.

95 Cal. Daily Op. Serv. 9656, 95 Daily Journal D.A.R. 16,814 Joyce Lynne Allen v. City of Portland Richard D. Walker, Chief of Police George E. Fort, Police Officer

73 F.3d 232 · Court of Appeals for the Ninth Circuit · Jan 17, 1996

In the defendants' answer to the complaint, Officer Fort did not assert the defense of qualified immunity. 13 Before trial, the district judge granted the defendants' motion to bifurcate the trial. … Clearly, a reasonable innocent person would not have felt free to leave when she was followed into the restroom by a police officer and then told that she was under arrest.

Anthony Gugliotta v. Silvia Garcia

630 F. App'x 651 · Court of Appeals for the Ninth Circuit · Oct 20, 2015

-2- merits, we grant relief only when adjudication of the claim “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established … Reinhardt, The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court’s Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences

Jorge Rojas v. Faa

989 F.3d 666 · Court of Appeals for the Ninth Circuit · Mar 2, 2021

Coupled with FOIA’s definition of “agency,” the term “intra-agency” clearly signals the idea of being “in” or “within” a federal agency. … Early drafts of FOIA immunized even fewer of these documents from disclosure. They shielded only “agency internal memoranda used in disposing of  ROJAS V.

Martinez Aytch v. Cynthia Sablica

498 F. App'x 703 · Court of Appeals for the Ninth Circuit · Nov 19, 2012

Because there are triable issues related to the prison officials’ deliberate indifference to Aytch’s dental problems and such indifference would violate clearly established law, the prison officials are not entitled to … qualified immunity.

Mosa v. Rogers

89 F.3d 601 · Court of Appeals for the Ninth Circuit · Jul 12, 1996

The Attorney General has discretion to grant an alien asylum if he qualifies as a “refugee” under 8 U.S.C. § 1101 (a)(42)(A). 8 U.S.C. § 1158 (a). … The IJ’s suppositions about whether spies really did turn him in would therefore not establish Mosa to be a liar.