Case law

Community Electric Service of Los Angeles, Inc. v. National Electrical Contractors Ass'n

869 F.2d 1235 · Court of Appeals for the Ninth Circuit · Mar 6, 1989

These decisions conclude that the expiration of a statute of limitation qualifies as a “defense” that “has accrued.” … It reviews any factual determinations by the court under a clearly erroneous standard. Id. B.

The Boeing Company v. The National Labor Relations Board, and Local 286-W, International Union of Operating Engineers, Afl-Cio, Intervenor

581 F.2d 793 · Court of Appeals for the Ninth Circuit · Sep 11, 1978

The Board based its decision on the fact that qualified welders “performed skilled work, subject to rigid inspection, and require a long period of on-the-job training and experience.” … In the case at hand, it is apparent that the Company complied with the conditions established by the Seventh Circuit in Chicago.

Gustavo Ponce v. Hugh Lloyd R. Green Ernie Magana Sherman Block, Sheriff County of Los Angeles

46 F.3d 1144 · Court of Appeals for the Ninth Circuit · Jan 25, 1995

The district court's denial of Lloyd's motion for summary judgment means Lloyd was not entitled to qualified immunity from suit, but the defense of qualified immunity remained. … for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

Dumas v. Kipp

90 F.3d 386 · Court of Appeals for the Ninth Circuit · Jul 23, 1996

Parks, 51 F.3d at 1484 ("Clearly, the HEA was enacted to benefit students."). 20 In general, the Cort test is distinct from the section 1983 test as defined in such cases as Thiboutot and Wilder. … Because we hold that Dumas failed to state a proper section 1983 claim, we do not reach Kipp and Quider's qualified immunity defense.

Maricopa-Stanfield Irrigation & Drainage District v. United States

158 F.3d 428 · Court of Appeals for the Ninth Circuit · Oct 14, 1998

The amici underestimate the breadth of the SCAT Act’s waiver of sovereign immunity. … Second, the districts must demonstrate that Congress clearly foreclosed its own prerogative to order that water reallocated in subsequent legislation.

World Airways, Inc. v. International Brotherhood of Teamsters

578 F.2d 800 · Court of Appeals for the Ninth Circuit · Jul 17, 1978

That technical training is unlikely to discover judgmental problems in a Pilot-in-Command is demonstrated by Becker himself, who presumably completed similar training when he originally qualified as a Pilot-in-Command. … Regulations promulgated pursuant to the Federal Aviation Act establish that it is the duty of the carrier to determine the competency of its pilots in the interests of public safety taking into account such things as “personal

Scott Nordstrom v. Charles Ryan

856 F.3d 1265 · Court of Appeals for the Ninth Circuit · May 18, 2017

. 2003) (holding that a panel may depart from the law of the circuit when “the relevant court of last resort . . . undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly … ADC’s legal mail policy does not meet this standard because it requires that prison officials “verify that [the letter’s] contents qualify as legal mail.” III.

Hatfield v. Halifax Plc

Court of Appeals for the Ninth Circuit · May 8, 2009

The Transfer Document provided that, if the conver- sion was approved, each “qualifying member” would receive free shares in Halifax. … Hatfield was clearly a third- party beneficiary to the Transfer Agreement such that, under California law, she can enforce the choice of law provision.

Clements v. Airport Authority of Washoe County

69 F.3d 321 · Court of Appeals for the Ninth Circuit · Oct 26, 1995

servants rather than at-will employees; and 2) that the employee manual was an employment contract creating a presumption of continued employment. 11 Under Nevada law, the issue of the Clementses’ civil service status is clearly … As for Sue, she fails to assert sufficient facts to establish the claim.

Norris v. Morgan

622 F.3d 1276 · Court of Appeals for the Ninth Circuit · Sep 23, 2010

We conclude that the decision was not contrary to clearly established federal law. … The gross disproportionality principle necessarily has a core of clearly established meaning; a principle with no sub- stance is no principle at all.

Luza v. Immigration & Naturalization Service

33 F. App'x 265 · Court of Appeals for the Ninth Circuit · Feb 14, 2002

Borja did not preclude a finding of purely economic motives, stating, “[qjuite possibly, other NPA episodes of robbery and extortion have been purely economic in nature, but this one clearly had mixed motives.” … A reasonable fact finder is not compelled to find that the telephone call established persecution on statutory, ideological grounds.

Joseph Park, by and Through His Guardian Ad Litem, Kyung Hee Park Kyung Hee Park v. Anaheim Union High School District Greater Anaheim Selpa

464 F.3d 1025 · Court of Appeals for the Ninth Circuit · Sep 28, 2006

A special education consultant, qualified to administer certain vision tests, conducted a vision assessment and found that Joseph’s vision was not hindering his education. … Here, Appellants have clearly prevailed in obtaining some of the relief they sought. Moreover, a prevailing party need not prevail on what may be considered the “central” issue of the case.

United States v. Leo Spanos

462 F.2d 1012 · Court of Appeals for the Ninth Circuit · Aug 21, 1972

Rather than revealing a stake in the conspiratorial venture or an affirmative attempt to further its purposes, Cianchetti’s statements of his intention were at least equivocal, at most clearly disclamatory. . . . … There may be also a fairly broad latitude of immunity for a more continuous course of sales, made either with strong suspicion of the buyer’s wrongful use or' with knowledge, but with stimulation or active incitement to purchase

Hernandez v. Tanninen

604 F.3d 1095 · Court of Appeals for the Ninth Circuit · May 12, 2010

The work product doctrine is a “qualified privilege” that protects “certain materials prepared by an attorney acting for his client in anticipation of litigation.” United States v. Nobles, 422 U.S. … [5] The district court did not clearly err by concluding that Hernandez waived both privileges as they pertained to the conspiracy claim.

Mohamed v. Jeppesen Dataplan, Inc.

579 F.3d 943 · Court of Appeals for the Ninth Circuit · Aug 31, 2009

Moreover, “at the core of Plaintiffs’ case against Defendant Jeppesen are ‘allegations’ of covert U.S. military or CIA operations in foreign countries against foreign nationals — clearly a subject matter which is a state … According to the government’s theory, the Judiciary should effectively cordon off all secret government actions from judicial scrutiny, immunizing the CIA and its partners from the demands and limits of the law.

United States v. Escarcega-Duran

96 F. App'x 458 · Court of Appeals for the Ninth Circuit · Apr 23, 2004

On appeal before this Court, Duran argues for the first time that his 1999 conviction for transporting an alien “for commercial advantage or private financial gain” does not qualify as an “alien smuggling offense committed … Accordingly, we hold that Duran’s 1999 conviction constitutes an act “committed for profit” for purposes of section 2L1.2(b)(l)(A)(vii) because, under the “modified” categorical approach, the record clearly establishes that

General American Life Insurance Company v. Lee Castonguay, Jerry Fitzpatrick, Charles Kilmer Alex G. Sieben

984 F.2d 1518 · Court of Appeals for the Ninth Circuit · Feb 1, 1993

It had the documents that established the trust, which required that the trust get annual financial audits. … liability. 3 Moreover, adding to the trustees’ personal obligations can make it harder for plans to find qualified trustees, who may be frightened away by the specter of personal liability.

United States v. Miguel Cano

934 F.3d 1002 · Court of Appeals for the Ninth Circuit · Aug 16, 2019

Following Cano’s implication of Medina, the government contacted Medina and promised him immunity and immigration papers in exchange for his cooperation. … In fact, the record established the opposite.

Steve Harris v. Amgen, Inc.

717 F.3d 1042 · Court of Appeals for the Ninth Circuit · Jun 4, 2013

The Supreme Court has established certain interpretive rules specific to ERISA’s fiduciary duties. … employer real property or qualifying employer securities . . . . 29 U.S.C. § 1104.

Shotgun Delivery, Inc. v. United States

269 F.3d 969 · Court of Appeals for the Ninth Circuit · Oct 16, 2001

Variable Reimbursement The district court concluded that Shotgun had failed to establish an adequate business connection for its reimbursement payments. 85 F.Supp.2d at 965 . … The business connection requirement here at issue is clearly substantive, as it enforces the fundamental distinction between taxable compensation and tax-exempt reimbursement which underpins this entire aspect of the tax