Case law

St. Paul Fire & Marine Insurance v. American Bank

33 F.3d 1159 · Court of Appeals for the Ninth Circuit · Aug 31, 1994

Because there is no coverage under the terms of the policy, and because the district court clearly erred in finding that St. Paul is estopped from denying coverage, we reverse. … The district court clearly erred in finding that the Bank established detriment. St. Paul is not estopped from denying coverage. 4 II The Bank, in its cross-appeal, argues that even if St.

James v. City of Costa Mesa

700 F.3d 394 · Court of Appeals for the Ninth Circuit · May 21, 2012

The CSA directly addresses whether medical marijuana use constitutes illegal use of drugs, and clearly states that such use is unlawful. . … Because we conclude that the plaintiffs are not qualified individuals with a disability protected by the ADA, we do not reach Costa Mesa's alternative argument that the ADA does not require accommodation of a qualified individual's

Carral Raymond Gilbreath v. Cutter Biological, Inc. Miles Laboratory, Parent Corporation of Cutter Biological, Donald Eugene Young Sonny Metcalf Kenneth O. Ashelman James Delbert Scott Jose Alvarez Cardenas Danny L. Try Charles L. Boylan Gary Keith Griffin Donald A. Joy v. Cutter Biological, a Division of Script Miles Laboratories Norman L. Gray, Manager Darrell Esteson, Manager of Cutter Biological as Arizona State Prison at Florence, Donald Eugene Young Sonny Metcalf Kenneth O. Ashelman James Delbert Scott Jose Alvarez Cardenas Danny L. Try Charles L. Boylan Gary Keith Griffin Donald A. Joy v. Cutter Biological, a Division of Script Miles Laboratories Norman L. Gray, Manager Arizona Department of Corrections, a Division of the State of Arizona State of Arizona Samuel Lewis James Ricketts Robert Goldsmith, Warden

931 F.2d 1320 · Court of Appeals for the Ninth Circuit · Apr 22, 1991

language that the constitutional immunity was swept away. 16 Id. at 285 , 93 S.Ct. at 1618 . … ARCOR enterprises was established in 1969.

Gabriel v. Alaska Electrical Pension Fund

773 F.3d 945 · Court of Appeals for the Ninth Circuit · Jun 6, 2014

Based on these contributions, the Fund initially credited Gabriel with eleven years of service, enqugh to qualify Gabriel as a vested participant under section 5.01. … In his complaint, Gabriel asserted that the defendants should be estopped from denying that he qualified as a vested participant in the Plan.

Raymond v. Moyle v. Director, Office of Workers' Compensation Programs Jones Oregon Stevedoring Co.

147 F.3d 1116 · Court of Appeals for the Ninth Circuit · Jun 29, 1998

The provision further provides a definition of the types of payments that qualify as “remuneration for employment.” … See Glacier Bay, 944 F.2d at 581 (implied repeals “will only be found when ‘the new statute is clearly repugnant, in words or purpose, to the old statute....’”).

J.R. Wilkerson v. Charles D. Marshall, Warden

29 F.3d 638 · Court of Appeals for the Ninth Circuit · Jul 26, 1994

Marshall contends that even if the ban on pen pal solicitation violated Wilkerson's First Amendment rights, he was immune from suit by the doctrine of qualified immunity. … Accordingly, because the law on the constitutionality of prisoner pen pal solicitations was not clearly established at the time Marshall imposed the ban, Marshall was immune from suit.

Securities And Exchange Commission v. Rogers

790 F.2d 1450 · Court of Appeals for the Ninth Circuit · Jun 3, 1986

Further, TMSA and Kittredge opposed the efforts by DISA and Norsul to qualify to develop and mine Concession No. 35. … This surprising finding is background for the court's clearly erroneous conclusion that Rogers did not aid or abet securities fraud. 55 That Rogers was a salesman for IME was well-established by testimony.

Hood v. Encinitas Union School

Court of Appeals for the Ninth Circuit · May 11, 2007

Based on these deficiencies, the hearing officer determined that the district had met its bur- den of proving IDEA compliance because the evidence did not establish that Anna met the eligibility criteria for possess- ing … that Anna did not qualify for special education due to an “other health impair- ment.”

United States v. Kelly M. Clough

360 F.3d 967 · Court of Appeals for the Ninth Circuit · Feb 25, 2004

Neither the state plea agreement nor the statement of defendant on plea of guilty made any mention of federal charges or immunity from federal charges. … They may have thought there was some understanding, but they had clearly different concepts of what the understanding was. That is not enough to establish an enforceable agreement.

Ricardo Sanders v. Vince Cullen

873 F.3d 778 · Court of Appeals for the Ninth Circuit · Oct 13, 2017

Gilcrest was given immunity and testified at Sanders’s trial. … United States, 352 U.S. 1 (1956) as the clearly established Supreme Court precedent for this claim.

Bernard L. Silver, Cartwright-Mitchell, Inc., a Delaware Corporation v. United States Postal Service

951 F.2d 1033 · Court of Appeals for the Ninth Circuit · Dec 11, 1991

Given the important role of the DPG in the statutory scheme of the Postal Service, the DPG cannot be a mere employee immune from the Appointments Clause. … The Appointments Clause speaks to “the fundamental principles of the Government established by the Framers of the Constitution, ...

United States v. Alaska Steamship Company

491 F.2d 1147 · Court of Appeals for the Ninth Circuit · Jan 28, 1974

“In reviewing a judgment of a trial court, sitting without a jury in admiralty, the Court of Appeals may not set aside the judgment below unless it is clearly erroneous. * * * A finding is clearly erroneous when, ‘although … presented in this case is whether Alaska Steamship Compa *1153 ny as general agent, which hires its private stevedore employees to stevedore a general agency vessel, may be classified as a YAKA 13 situation, which would immunize

Halicki Films, LLC v. Sanderson Sales & Marketing

547 F.3d 1213 · Court of Appeals for the Ninth Circuit · Nov 12, 2008

Thus, his allegations alone do not establish standing. … Ownership of a mark is sufficient but not required to establish standing under the Lanham Act.

United States v. Ho-Romero

Court of Appeals for the Ninth Circuit · Feb 18, 2026

To establish the standard for harmless error review for omitted elements in jury instructions, Neder turned to Chapman v. California, 386 U.S. 18 (1967). … In any event, applying the standard we adopt here, it would clearly have 22 USA V.

Benson v. JPMorgan Chase Bank, N.A.

673 F.3d 1207 · Court of Appeals for the Ninth Circuit · Mar 20, 2012

The bulk of plaintiffs’ claims plainly qualify as “functionally, albeit not formally” against a failed bank. Am. Nat’l Ins. Co., 642 F.3d at 1144. … Purchase of a failed bank does not buy an institution immunity to continue in its predecessor’s malfeasance. The D.C. Circuit’s decision in American National Insur- ance supports our conclusion.

Laurie Tsao v. Desert Palace, Inc.

698 F.3d 1128 · Court of Appeals for the Ninth Circuit · Oct 23, 2012

Fairley applied this rule to Fourth Amend- ment claims for arrest without probable cause, also at issue here, and made clear that the rule applies “whether the offi- cers are exonerated on the basis of qualified immunity, … And her motives for doing so were clearly suspect.

United States v. Stacey C. Koon, United States of America v. Laurence M. Powell

6 F.3d 561 · Court of Appeals for the Ninth Circuit · Oct 1, 1993

" have been clearly shown is quintessentially a fact-intensive inquiry requiring case by case analysis. … There appear to be a number of possible reasons that might under appropriate circumstances qualify as exceptional.

Dc Comics v. Mark Towle

802 F.3d 1012 · Court of Appeals for the Ninth Circuit · Sep 23, 2015

causes of action for copyright infringement, trademark infringement, and unfair competition arising from Towle’s manufacture and sale of the Batmobile replicas.3 Towle denied that he had infringed upon DC’s 3 DC clearly … Although evidence of intent to confuse buyers may be relevant to establishing that the defendant’s actions were willfully calculated to exploit the advantage of an established mark, Towle points to no authority holding that

United States v. King

246 F.3d 1166 · Court of Appeals for the Ninth Circuit · Apr 13, 2001

These material falsehoods on the “Final Notice” postcards qualify as knowingly false, material statements made with the intent to defraud. … Accordingly, the record supports the amount of restitution as *1182 established by the district court, and we affirm that portion of the sentence. 5 8.

Ronald D. Routh v. United States

941 F.2d 853 · Court of Appeals for the Ninth Circuit · Aug 6, 1991

However, the FTCA limits the United States' waiver of sovereign immunity. … Here, the government did not establish a detailed structure of safety requirements for the contractor to follow, with specific discretion left to government employees in monitoring contractor compliance.