Case law

Alta Bumpus v. Donald E. Clark

681 F.2d 679 · Court of Appeals for the Ninth Circuit · Jul 16, 1982

These cases fall short of establishing that either the County or the State has an affirmative obligation to maintain an environment in which plaintiffs’ interpersonal relationships can continue to thrive. … The Court rejected the privacy claims in both cases, even though the state regulation in Maher clearly tended to coerce indigent women to go to term instead of aborting, and even though the Hyde Amendment at issue in McRae

California Public Utilities Commission v. Federal Energy Regulatory Commission

879 F.3d 966 · Court of Appeals for the Ninth Circuit · Jan 8, 2018

Order 679 established upward adjustments, or “incentive adders,” to the rate of return on equity of utilities that participate in transmission organizations. … Nor did FERC clearly articulate its interpretation in the two orders currently on review.

Valerie H. Saks v. Air France, a Corporation

724 F.2d 1383 · Court of Appeals for the Ninth Circuit · Jan 31, 1984

The Convention established a fault-based system for carrier liability with the burden placed upon the carrier to show lack of negligence. … Although the Maugnie court ruled that under the facts the plaintiff was too far removed from the airplane to qualify as having been in the process of embarking or disembarking for purposes of Article 17, the majority adopted

Carson Harbor Village, Ltd. v. Unocal Corp.

227 F.3d 1196 · Court of Appeals for the Ninth Circuit · Sep 14, 2000

As the court reasoned: While CERCLA was intended to reach broadly, it also clearly expresses limits to the contemplated statutory liability. … Current owners are PRP’s without regard to fault, but prior owners would be completely immune from suit if they did not own the property during an act of disposal.

Ortega v. San Diego Police Department

669 F. App'x 922 · Court of Appeals for the Ninth Circuit · Oct 26, 2016

McCarthy moved for summary judgment based on qualified immunity. The district court denied qualified immunity for both the Fourth and Fourteenth Amendment claims, and McCarthy appeals. … The district court correctly found that the disputed facts are material to whether a violation of a clearly established right occurred.

United States v. Viers

251 F. App'x 381 · Court of Appeals for the Ninth Circuit · Oct 10, 2007

The district court found “Landers ... better qualified to opine on [power consumption] and [gave] little weight to the defendant’s expert testimony.” … But the investigation that followed the tip did establish probable cause.

Bogovich v. Sandoval

189 F.3d 999 · Court of Appeals for the Ninth Circuit · Aug 30, 1999

Since Preiser , it has been firmly established that a prisoner must bring a habeas petition if the nature of the claim is- such that it would necessarily imply the invalidity of the prisoner’s conviction or continuing confinement … Title II of the ADA broadly prohibits discrimination by public entities against individuals with disabilities: “[N]o qualified individual with a disability shall, by reason of such disability, be excluded from participation

Wide Voice, LLC v. FCC

61 F.4th 1018 · Court of Appeals for the Ninth Circuit · Mar 9, 2023

FCC § 201(b) adjudicative finding where the carriers’ arrangement clearly “was devised solely in order to circumvent regulation”). … The FCC Employed a Well-established, Legally Sound Definition of “Sham.”

United States v. Robert William Gilley, United States of America v. Benjamin Louis Rodriguez

836 F.2d 1206 · Court of Appeals for the Ninth Circuit · Jan 11, 1988

As with any illegal gambling business, Gilley’s operation was not immune from debtors. … Under circumstances such as these, where the indictment charges the operation of an illegal gambling business ranging over a one and a half year period and the evidence does not clearly establish the dates of involvement

Kho v. Immigration & Naturalization Service

62 F. App'x 785 · Court of Appeals for the Ninth Circuit · Apr 9, 2003

We hold that Kho qualifies for asylum because he has a well-founded fear of future persecution on account of political opinion. A. “On account of’ political opinion. … Clearly, the danger to Kho was not diminishing with time.

Robert Boggs v. Michael Schrunk

545 F. App'x 613 · Court of Appeals for the Ninth Circuit · Nov 7, 2013

I Boggs contends that the district court erred in granting qualified immunity to District Attorney Schrunk because it was clearly established that his due process rights were violated by publishing stigmatizing statements

Western MacHinery Company, a Corporation v. Northwestern Improvement Company, a Corporation

254 F.2d 453 · Court of Appeals for the Ninth Circuit · Feb 5, 1958

The law of the State of Washington is clearly defined upon this point. … These findings are clearly erroneous.

Duvall v. Phoenix Children's Hospital

Court of Appeals for the Ninth Circuit · Aug 1, 2025

The reporting statute immunizes these medical professionals from civil liability and immunizes other medical professionals who “participate” in an “investigation resulting from” such a report. Id. § 13-3620(J). … App. 1991) (holding that immunity does not apply to “negligence claims based on improper treatment”).

In Re Ford Motor Company Citibank South Dakota)

264 F.3d 952 · Court of Appeals for the Ninth Circuit · Sep 6, 2001

(emphasis added). 12 Here, the record clearly indicates that the district court intended to dispose of the consolidated action. First, the dismissal did not grant leave to amend. … That is, remand orders based upon any defect in removal or lack of subject matter jurisdiction are immune from review.

American Civil Liberties Union of Northern California v. United States Department of Justice

880 F.3d 473 · Court of Appeals for the Ninth Circuit · Jan 18, 2018

P. 16(a)(2). 8 The attorney work-product privilege is a qualified privilege. … The qualified nature of the privilege, however, does not translate into the FOIA context. Exemption 5 “establish[es] a discrete category of exempt information,” FTC v.

Jill Coffman v. Queen of the Valley Med Center

895 F.3d 717 · Court of Appeals for the Ninth Circuit · Jul 16, 2018

The court squarely rejected QVMC’s position that an injunction in this case would unfairly insulate the Union’s certification from judicial review, stating that “a technical refusal defense ‘does not immunize the employer … “The district court abuses its discretion if it relies on a clearly erroneous finding of fact or an erroneous legal standard.” Id. I.

Roush v. United States

752 F.2d 1456 · Court of Appeals for the Ninth Circuit · Feb 6, 1985

This is true because we have identified a statute and regulations that establish the following facts, when considered with Roush’s allegations. … This Act provides in relevant part that the United States waived its sovereign immunity and agreed to be subject to suit for money damages ... for injurj' or loss of property, or personal injury or death caused by the negligent

United States v. Reginald Edwards

761 F.3d 977 · Court of Appeals for the Ninth Circuit · Jul 31, 2014

It is now clearly established that “under appropriate circumstances, an anonymous tip can demonstrate ‘sufficient indicia of reliability to provide reasonable suspicion to make [an] investigative stop.’” Id. … Ct. at 1689–90 (“A 911 call has some features that allow for identifying and tracing callers, and thus provide some safeguards against making false reports with immunity. . . .

Evelyn JORDAN, Plaintiff-Appellant, v. William P. CLARK, Secretary of the Department of the Interior, Defendant-Appellee

847 F.2d 1368 · Court of Appeals for the Ninth Circuit · May 24, 1988

The court’s findings here are far from clearly erroneous. For example, Jordan says that DeVall harassed her by calling her at home. … While the second action is protected activity under § 2000e-3(a), her alleged resistance to De-Vall’s advances only qualifies as protected activity if DeVall’s advances actually occurred and were an “unlawful employment practice

United States v. Wishart

146 F. App'x 171 · Court of Appeals for the Ninth Circuit · Aug 24, 2005

Even if the ADA did apply, Wishart has failed to meet his burden of establishing prejudice for purposes of plain error review. … The obstructive conduct clearly was related to the underlying offense. Cf. United States v.