Case law

Barbara Davis v. Riverside School District

Court of Appeals for the Ninth Circuit · May 14, 2019

The Officials’ are entitled to qualified immunity “insofar as their conduct does not violate established statutory or constitutional rights of which a reasonable person would have known.” Pearson v. … Accordingly, I would find that defendants are entitled to qualified immunity.

United States v. Wing Fook Lui

941 F.2d 844 · Court of Appeals for the Ninth Circuit · Aug 5, 1991

Under Fed.R.Evid. 702, “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert ... may testify … Thus, the district court’s refusal to grant a sentence reduction was not clearly erroneous. AFFIRMED. 1 . Lui objected only twice during Wood’s testimony.

Jeanette Daviton Candi Daviton-Sciandra v. Columbia/hca Healthcare Corporation, Dba San Leandro Hospital

241 F.3d 1131 · Court of Appeals for the Ninth Circuit · Mar 1, 2001

Daviton through another staff member who was not qualified to interpret. … The Hospital was not prepared to provide a qualified interpreter for emergency health care purposes and had no established procedure for effective communication with deaf individuals in these circumstances.

Rita A. Toth, and Sondra J. Thornally, Esq., Claimant-Appellant v. Trans World Airlines, Inc.

862 F.2d 1381 · Court of Appeals for the Ninth Circuit · Dec 8, 1988

[is] established by TWA to the satisfaction of this Court.” ER 138 at 19. As we explained in Southerland v. Intern. … The basis of these sanctions was clearly warranted by the record.

Oregon Public Employees Retirement Fund v. Apollo Group Inc.

774 F.3d 598 · Court of Appeals for the Ninth Circuit · Dec 16, 2014

Second, Rule 9(b) clearly states that “[i]n alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.” … Unlike accounting calculations or ignorance of rule violations, the statements by Apollo were subjective and preceded by qualifiers, such as “We believe.” B.

Janiece S. NOLAN, Plaintiff-Appellant, v. Joseph Maxwell CLELAND, Et Al., Defendants-Appellees

686 F.2d 806 · Court of Appeals for the Ninth Circuit · Sep 8, 1982

'Also, the selectees agreed to accept any VA assignment for which they were qualified. … However, Heagney does not clearly state whether an employer’s purpose to intentionally coerce an employee to resign must be demonstrated.

Equal Employment Opportunity Commission v. Puget Sound Log Scaling and Grading Bureau, and Northwest Log Scalers Association

752 F.2d 1389 · Court of Appeals for the Ninth Circuit · Jan 29, 1985

We cannot say that the Newport News decision was “clearly foreshadowed.” See Chevron, 404 U.S. at 106 , 92 S.Ct. at 355 . … Norris, 103 S.Ct. at 3503 (emphasis added). *1394 Puget Sound has not made a ManhartNorris showing that the cost for it and similarly situated employers will be voluminous enough to qualify as “special circumstances” which

Cooper v. Social Security Administration

131 F.4th 995 · Court of Appeals for the Ninth Circuit · Mar 20, 2025

We concluded that this statutory framework established that “Congress rather clearly indicated that it wanted a provider’s stream of services to be considered one transaction” such that the countervailing obligations were … establish every benefits entitlement as a single transaction.

Szalai v. Holder

572 F.3d 975 · Court of Appeals for the Ninth Circuit · Jul 16, 2009

But as the record clearly indicates, Petitioner was not charged with having violated any support provision or with removability in connection with any such provision. Citing Gerlack v. … Ordinarily, we could not rely upon those sources to establish this fact if we follow the “modified” categorical approach that Petitioner asserts applies. See United States v.

Xue Yun Zhang v. Alberto Gonzales, United States Attorney General

408 F.3d 1239 · Court of Appeals for the Ninth Circuit · May 26, 2005

Our case law clearly establishes that deliberate imposition of substantial economic disadvantage can amount to-persecution. See, e.g.,' Baballah v. … Zhang qualifies for asylum. We do not know whether the IJ would have found that Ms.

Willapoint Oysters, Inc. v. Ewing

174 F.2d 676 · Court of Appeals for the Ninth Circuit · Apr 29, 1949

Moreover highly qualified and experienced agency personnel witnessed the actual canning of various of the test packst canned to equal the new higher drained weight standard. … They clearly do not show, as petitioner contends, that Exhibit 33 is “honeycombed with error.”

gator.com Corp. v. L.L. Bean, Inc.

398 F.3d 1125 · Court of Appeals for the Ninth Circuit · Feb 15, 2005

immunity and no payment if the Court concluded otherwise. … Absolute immunity "is an immunity from suit rather than a mere defense to liability; ... it is effectively lost if a case is erroneously permitted to go to trial." Mitchell v.

Surinder Bains v. Gomez, Director, Steve Cambra James H.

204 F.3d 964 · Court of Appeals for the Ninth Circuit · Mar 2, 2000

Thus, under clearly established federal law, we hold that the admission of such hearsay evidence clearly violated Bains’s Sixth Amendment right to confront the witnesses against him. See, e.g., id. B. … Thus, under clearly established federal law, we hold that the admission of such hearsay evidence clearly violated Bains’s Sixth Amendment right to confront the witnesses against him. See, e.g., id. C.

Katie A. Ex Rel. Ludin v. Los Angeles County

481 F.3d 1150 · Court of Appeals for the Ninth Circuit · Mar 22, 2007

The District Court’s Factual Findings Defendants argue that the district court clearly erred in a number of its findings of fact. … Reg. 51,288 (proposed Oct. 1, 1993) (pro- posed regulations). 18 Congress established the EPSDT program in 1967. See Stanton v. Bond, 504 F.2d 1246, 1247 (7th Cir. 1974) (describing establishment of program).

Harrison Orr v. Terrence Plumb

Court of Appeals for the Ninth Circuit · Mar 12, 2018

Plumb argues that the district court improperly denied him qualified immunity because it was not clearly established at the time that he was violating Orr’s constitutional rights. … Just as the court could not have imposed vicarious liability on the state or refused to consider defendants’ qualified immunity defense, the court should not have assumed, contrary to a long line of cases, that a fee award

Anderson v. American Automobile Ass'n

454 F.2d 1240 · Court of Appeals for the Ninth Circuit · Jan 3, 1972

We review the summary judgment bearing in mind that such procedure is appropriate only when the facts are fully developed and the issues clearly presented. See Nationwide Auto Appraiser Service, Inc. v. … “The promotion of self-interest alone does not invoke the rule of reason to immunize otherwise illegal conduct.

Brandon Hodges v. Comcast Cable Communications

21 F.4th 535 · Court of Appeals for the Ninth Circuit · Sep 10, 2021

But a law established for a public reason cannot be contravened by a private agreement.” See 393 P.3d at 93–94. … Rptr. 3d at 90, is clearly wrong. By its terms, that requested relief only benefits those who actually sign lending agreements, and not the public more generally.

Sessoms v. Runnels

650 F.3d 1276 · Court of Appeals for the Ninth Circuit · Jun 3, 2011

Because Sessoms’s statements were made prior to his Miranda waiver, Davis cannot apply as “clearly established Federal law” in this case. *1284 Of course, our conclusion that Davis cannot serve as “clearly established Federal … As we find ourselves without any basis in “clearly established Federal law” for Sessoms’s claim, we again decline to grant Sessoms relief. See Knowles v.

Faith Center Church Evangelistic Ministries v. Glover

462 F.3d 1194 · Court of Appeals for the Ninth Circuit · Sep 20, 2006

Faith Center’s religious activities and those in Bronx Household and Good News Club , are likewise too similar to make any *1225 meaningful distinction that would immunize the County from First Amendment violations. … Clearly, the opinion sees no problem with other types of controversial speech. All meetings held at the Antioch Library are closed-door meetings.

Mindy Losee v. City of Chico

Court of Appeals for the Ninth Circuit · Jun 18, 2018

However, the district court erred when it determined that Sergeant Zuschin was entitled to qualified immunity on Losee’s excessive force claim. … The 3 right not to be shot in a car that poses no immediate danger to police officers or others is clearly established. See Acosta v.