Case law

Corder v. Howard Johnson & Co.

37 F.3d 550 · Court of Appeals for the Ninth Circuit · Oct 7, 1994

At trial, the plaintiff failed to prove that an ERISA plan had been established. … Neither case even discusses the issue of who must bring suit to qualify for attorney’s fees under § 1132(g)(1). Howard Johnson & Co.'

Patricia Blackburn v. Wa Dept of Social & Health Svc

Court of Appeals for the Ninth Circuit · Aug 31, 2015

The individual defendants are entitled to qualified immunity with respect to Plaintiffs’ equal protection claims under 42 U.S.C. § 1983 because, at the time they acted, it would not have been clear to a reasonable official … Hughes, 313 F.3d 506, 514 (9th Cir. 2002) (explaining that the qualified immunity standard “allows ample room for reasonable error on the part of the official,” including “mistakes of fact and mistakes of law” (brackets omitted

United States v. Mayer

560 F.3d 948 · Court of Appeals for the Ninth Circuit · Mar 16, 2009

That's not all: The panel also reads ACCA's residual clause so broadly that nearly any crime will qualify. … Even if we agreed with Mayer that Parry was wrongly decided, a three-judge panel may not overrule the decision of another panel in the absence of intervening Supreme Court case law that is "clearly irreconcilable."

Jack C. Smith v. Anthony M. Frank

923 F.2d 139 · Court of Appeals for the Ninth Circuit · Jan 9, 1991

The Magistrate concluded that plaintiff was a qualified handicapped person for purposes of the Act, but that the defendant was not in violation of the Act because the plaintiff posed a significant risk to himself and his … In general, the failure to object to findings of fact and conclusions of law entered by a magistrate waives the opportunity to contest those matters on appeal. 1 This rule is clearly established for findings of fact, though

Derrick Billups v. Lomeli

471 F. App'x 780 · Court of Appeals for the Ninth Circuit · Mar 15, 2012

Moreover, Lomeli is not entitled to qualified immunity because, at the time of the events at issue, the law was clearly established that the deliberate indifference standard “does not require that the guard or official

99 Cal. Daily Op. Serv. 1951, 1999 Daily Journal D.A.R. 2529 Gurcharan Singh-Bhathal, AKA Gurcharan Singh-Kur v. Immigration and Naturalization Service

170 F.3d 943 · Court of Appeals for the Ninth Circuit · Mar 18, 1999

We defer to an agency where its interpretation of its own regulations is neither clearly erroneous nor inconsistent with the regulations. See Thomas Jefferson Univ. v. … Cardoza-Fonseca, 480 U.S. 421, 431 , 107 S.Ct. 1207 , 94 L.Ed.2d 434 (1987), even a 10 percent likelihood of such a fate qualifies an applicant for asylum.

Nicholas Defries v. Union Pacific Railroad Company

104 F.4th 1091 · Court of Appeals for the Ninth Circuit · Jun 14, 2024

The end of American Pipe tolling is less clearly defined than its beginning. … One line of cases attempts to establish a rule for determining when the voluntary abandonment of a claim by class counsel ends tolling for all class members on that particular claim.

Cohen v. United States District Court for the Northern District of California

586 F.3d 703 · Court of Appeals for the Ninth Circuit · Nov 5, 2009

[and] given each firm’s experience with similar actions,” these firms were “the most qualified counsel for this case.” … This provision clearly identifies the most adequate plaintiff as the actor that “select[s] and retain[s]” class counsel.

Stauffer Laboratories, Inc., a Corporation v. Federal Trade Commission

343 F.2d 75 · Court of Appeals for the Ninth Circuit · Feb 17, 1965

In reviewing the findings of a district court, the established rule, recognized by this court, is that in respect to inferences drawn from undisputed facts the findings may not be set aside unless found to be clearly erroneous … Their general medical and pharmacological knowledge qualified them to testify.” 4 . Corn Products Refining Co. v.

United States v. Gregory Lee Harris and Larry Hollins

534 F.2d 1371 · Court of Appeals for the Ninth Circuit · Apr 26, 1976

Robuck’s report, and moved for leave to employ a qualified psychiatrist at government expense for the purpose of securing another opinion as to the mental competence of Mr. Ford at the time of the trial. … The first requisite was established as to both appellants; clearly the evidence was first discovered long after the trial was held. 4 With regard to at least Hollins, however, it is manifest that neither of the two remaining

Frank Atwood v. Charles Ryan

870 F.3d 1033 · Court of Appeals for the Ninth Circuit · Sep 13, 2017

A rationale that must be extended before it applies is not clearly established law, Moses v. … Nor did the Arizona Supreme Court unreasonably apply clearly established federal law. Furman and Gregg established a general rule that turns on individualized examinations of death penalty schemes.

Richard Craig Kesser v. Steven J. Cambra, Jr., Warden

465 F.3d 351 · Court of Appeals for the Ninth Circuit · Sep 11, 2006

established federal law. … established federal law.

Association of Irritated Residents v. U.S. Environmental Protection Agency

790 F.3d 934 · Court of Appeals for the Ninth Circuit · Jun 23, 2015

A minor source is not subject to offset requirements unless the state chooses to establish them as part of the SIP. B. … This court finds that both causation and redressability are established for purposes of this suit and thereby rejects the Intervenors’ challenge.

Parkside, Inc. And Beaconcrest, Inc. v. Commissioner of Internal Revenue

571 F.2d 1092 · Court of Appeals for the Ninth Circuit · Dec 2, 1977

which, in turn, is generally excluded from personal holding company income where it constitutes 50 percent or more of taxpayer’s adjusted ordinary gross income, § 543(a)(2)(A). 2 The Tax Court held that taxpayers did not qualify … While we rely on these factors in the instant case, we do not establish here a precise balance of factors as a rule of law for all cases of this type. In the final analysis, each case must be decided upon its own facts.

Floyd R. Clodfelter and Enna L. Clodfelter v. Commissioner of Internal Revenue

527 F.2d 754 · Court of Appeals for the Ninth Circuit · Dec 18, 1975

Congress has established procedures by which the Secretary may adjust or correct the tax voluntarily revealed by the taxpayer , as due. … In both cases it was held that while mailing to be effective in such cases must be to the last known address, the questioned mailing qualified as such.

United States v. Stinson

647 F.3d 1196 · Court of Appeals for the Ninth Circuit · Aug 5, 2011

Under this framework, the district court did not clearly err. … In sum, the district court did not clearly err in rejecting the two Batson challenges.

United States v. Premo

470 F.3d 914 · Court of Appeals for the Ninth Circuit · Dec 13, 2006

PREMO is consistent with A-1 Ambulance, and accomplishes the goals of the jurisdictional bar.5 [8] The allegations upon which Bly-Magee’s present law- suit is based are clearly set forth in the State Auditor’s report, … [9] For the same reasons that Bly-Magee failed to establish that she was an original source of the disclosure in Bly-Magee II, she failed to establish that she was an original source of the information in the State Auditor

Harbhajan Singh Johl, AKA Harbhajan Singh v. United States

370 F.2d 174 · Court of Appeals for the Ninth Circuit · Feb 2, 1967

The common understanding of a marriage, which Congress must have had in mind when it made provision for ‘alien spouses’ in the War Brides Act, is that the two parties have undertaken to establish a life together and assume … Lutwak clearly means at least this much: The immigration law, in granting advantages to those who have married American citizens, is not talking about ceremony or legality — the taking of those steps which enable a couple

Jackson v. East Bay Hospital

246 F.3d 1248 · Court of Appeals for the Ninth Circuit · Apr 19, 2001

“The statutory language of the EMTALA clearly declines to impose on hospitals a national standard of care in screening patients.” … The district court .analyzed the Association Agreement, and found that the relationship created by the Agreement did not qualify as a joint venture under California law.

Esther Lee Begay, Etc. v. The Kerr-Mcgee Corporation

682 F.2d 1311 · Court of Appeals for the Ninth Circuit · Jun 11, 1982

We defer to this construction of Arizona law by the district judge in that state because there is no indication that he is clearly wrong. Major v. Arizona State Prison, 642 F.2d 311, 313 (9th Cir. 1981). See Johnson v. … The rule that “anticipated federal defenses do not suffice to establish federal question jurisdiction,” Alton Box Board Co. v.