Case law

United States v. Technic Services, Inc. And Rick Rushing

314 F.3d 1031 · Court of Appeals for the Ninth Circuit · Dec 23, 2002

Moreover, in this case, there is no legal ambiguity as applied to Rushing, because his position, as I explain below, qualifies clearly as a position of public trust under the approaches defined by our case law. … I turn now to the question of whether, under our case law, Rushing’s position qualifies as one of public trust.

Michelle Gilstrap v. United Air Lines, Inc.

709 F.3d 995 · Court of Appeals for the Ninth Circuit · Mar 12, 2013

Rather, her complaint cites the ACAA as relevant to establishing her state-law negligence claims. … liability a more stringent warning requirement for airlines than that established by federal law.

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. Murphy

516 F.3d 1117 · Court of Appeals for the Ninth Circuit · Feb 20, 2008

First, Randolph involved co-tenants of a residence who both clearly had the authority to consent or refuse to consent to a search. … Given all of this contradictory evidence, the district court’s ruling that Roper’s testimony that he asked Murphy to leave lacked credibility was not clearly erroneous.

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.

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.

Wayne Myron Bishop v. United States

412 F.2d 1064 · Court of Appeals for the Ninth Circuit · Jun 19, 1969

Moreover, we agree that one need not be a “saint” in order to qualify as a conscientious objector. … One seeking exemption from military service bears the burden of establishing his entitlement to a particular exemption; hence, we have repeatedly emphasized that a registrant does not sufficiently establish a valid claim

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.

Ocampo v. Vail

649 F.3d 1098 · Court of Appeals for the Ninth Circuit · Jun 9, 2011

It succeeded as to the first but, for that very reason, failed under clearly established Supreme Court law as to the second. … [16] The Washington Court of Appeals unreasonably applied clearly established Supreme Court Confrontation Clause jurisprudence to the facts of this case.

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

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.

Debra Eggar and Roger L. Nuttbrock v. City of Livingston

40 F.3d 312 · Court of Appeals for the Ninth Circuit · Nov 21, 1994

Plaintiffs here fail to establish this kind of real and imminent threat. … See, e.g., Woods, 940 F.2d at 279 (finding the municipalities not liable while clearly suggesting the judge violated the law); Bigford v. Taylor, *316 834 F.2d 1213, 1222 (5th Cir.)

Dee Perry v. Jason Viloria

Court of Appeals for the Ninth Circuit · Oct 6, 2021

In fact, Perry misrepresents section 35161 as stating that the “individuals” retain ultimate responsibility, when the text of the statute clearly describes the “governing board” as the entity with “ultimate responsibility … AFFIRMED.1 1 We do not reach Defendants’ alternative arguments that Perry failed to state a First or Fourteenth Amendment claim upon which relief can be granted and that they are entitled to qualified or absolute immunity

Dish Network Corp. v. Federal Communications Commission

653 F.3d 771 · Court of Appeals for the Ninth Circuit · Feb 24, 2011

The provision accelerates the HD timetable for “qualified noncommercial educational television stations.” … [6] The satellite carriers benefit from the statutory copy- right license established through SHVIA.

Miller v. Pezzani

35 F.3d 1407 · Court of Appeals for the Ninth Circuit · Sep 15, 1994

We therefore affirm the district court’s conclusion that all defendants except Deloitte were immunized from section 11 liability for errors in the 1987 financial statements. 2. … Under the correct inquiry, summary judgment was clearly inappropriate in this case.

Robert Ybarra, Jr. v. Timothy Filson

869 F.3d 1016 · Court of Appeals for the Ninth Circuit · Sep 1, 2017

Under AEDPA, a federal court must defer to a state court’s adjudication of a claim unless it “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as … When we conducted our review, we first assumed that the unexplained order qualified as an adjudication on the merits. Cannedy, 706 F.3d at 1156 (citing Ylst, 501 U.S. at 803).

Nevada v. Herrington

827 F.2d 1394 · Court of Appeals for the Ninth Circuit · Sep 17, 1987

States with potentially acceptable repository sites qualify for grants from the generator-fed Fund to cover their participation costs for specified activities. … The Act has the stated purposes of (1) establishing a schedule for the siting, construction, and operation of repositories that will assure adequate protection from the hazards of radioactive waste, (2) establishing federal

Monte Hoisington v. Robin Williams

499 F. App'x 693 · Court of Appeals for the Ninth Circuit · Nov 28, 2012

Ct. 1510 (2012), no precedent clearly -3- establishes the scope of a civilly-committed sex offender’s Fourth Amendment and substantive due process rights in the circumstances … We conclude, therefore, that Defendants are entitled to qualified immunity on the claim for monetary damages; accordingly, we affirm the district court’s grant of summary judgment to Defendants on that claim.

John Doe I, Jane Doe, and John Doe II 1 v. Richard Burton, Commissioner, Alaska Department of Public Safety Bruce M. Botelho, Alaska Attorney General

85 F.3d 635 · Court of Appeals for the Ninth Circuit · May 13, 1996

United States, 431 U.S. 651, 659 (1977) (nature of double jeopardy claim is separable from issue of accused's guilt); Mitchell, 472 U.S. at 527 ("claim of qualified immunity is conceptually distinct from the merits of the … All it need determine is a question of law: whether the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions ...