Case law

Seattle Times Co. v. United States District Court for the Western District of Washington

845 F.2d 1513 · Court of Appeals for the Ninth Circuit · Apr 20, 1988

CONCLUSION In sum, the public and the press have a qualified right of access to pretrial release proceedings and documents. … The district court’s order failed the first two tests and was thus clearly erroneous as a matter of law.

Equal Employment Opportunity Commission v. United Parcel Service, Inc.

424 F.3d 1060 · Court of Appeals for the Ninth Circuit · Sep 14, 2005

We agree with UPS that the safety-of-others defense is established here. … We agree with UPS that, for purposes of FEHA’s safety-of-others defense, this finding is clearly erroneous.

United States v. Johnson

581 F.3d 994 · Court of Appeals for the Ninth Circuit · Sep 10, 2009

Quite clearly, the government’s proffered reason here is rationally related to this end. … We conclude that the factual findings made by the district court are not clearly erroneous.

Rivko Knox v. Mark Brnovich

907 F.3d 1167 · Court of Appeals for the Ninth Circuit · Oct 31, 2018

Because “Congress must clearly manifest an intention” to “enter and completely absorb the field” in order to preclude state regulation in that field, Ry. Mail Ass’n v. … Under H.B. 2023, such officials would not qualify as postal service workers, but would qualify as “any other person who is allowed by law to transmit United States mail.”

Jeffrey Benton, on Behalf of Lynn Benton v. Jo Anne B. Barnhart, Commissioner of Social Security

331 F.3d 1030 · Court of Appeals for the Ninth Circuit · Jun 9, 2003

Zwiefach qualify as Benton’s treating physician? The ALJ found that there is no evidence that Dr. Zwiefach qualifies as Benton’s treating physician. … Zwiefach had sufficient contact with Benton to qualify unequivocally as a treating source. Dr.

ABC National Line Erection Apprenticeship Training Trust v. Aubry

68 F.3d 343 · Court of Appeals for the Ninth Circuit · Oct 17, 1995

“[W]hen the plaintiff is not himself the object of the government action or inaction he challenges, standing is not precluded, but it is ordinarily ‘substantially more difficult’ to establish.” Lujan v. … California Labor Code § 1777.5, as enforced in conjunction with § 1771, clearly hampers ABC Trust’s ability to receive funds from California projects.

Richards v. Lloyd's of London

135 F.3d 1289 · Court of Appeals for the Ninth Circuit · Feb 3, 1998

Gooda Walker Ltd., Queen’s Bench Division (Commercial Court), The Times 7 October 1994. 6 While it is true that the Lloyd’s Act immunizes Lloyd’s from many actions possible under our securities laws, Lloyd’s is not immune … If so, we have been cited to no authority that Lloyd’s partial immunity would bar recovery. C The addition of RICO claims does not alter our conclusion.

Charles R. JACKSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee

110 F.3d 1484 · Court of Appeals for the Ninth Circuit · Apr 14, 1997

apparently unsure whether Jackson had received administrative authorization for medical care, Bell referred Jackson back to his Naval Reserve Unit to obtain the appropriate administrative authorization and referral to a qualified … According to established precedent, three rationales underlie the doctrine: (1) [T]he distinctively federal nature of the relationship between the government and members of its armed forces, which argues against subjecting

Memorial Rehabilitation Hospital of Santa Barbara v. Secretary of Health & Human Services

65 F.3d 134 · Court of Appeals for the Ninth Circuit · Aug 30, 1995

LAY, Senior Circuit Judge: Memorial Rehabilitation Hospital of Santa Barbara (“Memorial”) challenges the conclusion of the Secretary of Health and Human Services (“the Secretary”) that it does not qualify as a “new hospital … Thus, the record clearly supports a finding that no material changes in the inpatient services occurred at the hospital from September 1979 through June 1984.

Theme Promotions, Inc. v. News America Marketing FSI

546 F.3d 991 · Court of Appeals for the Ninth Circuit · Aug 19, 2008

expert—also helped to establish causation. … NEWS AMERICA cases holding that the First Amendment Petition Clause immunizes acts of petitioning the legislature from antitrust liability. Id. (citing Eastern R.R. Presidents Conference v.

Charles Gillis v. City & County of San Francisco

560 F. App'x 665 · Court of Appeals for the Ninth Circuit · Mar 4, 2014

Even if Lawrence’s arrest was not supported by probable cause, the arresting officers are entitled to qualified immunity. … immunity.”

North Clackamas Community Hospital v. Harris

664 F.2d 701 · Court of Appeals for the Ninth Circuit · Dec 31, 1980

As a qualified provider under the Medicare Act, 4 it applied to Blue Cross of Oregon, the Medicare intermediary, 5 for reimbursement of services provided to Medicare patients during its first year of operation. … We cannot say, however, that the PRRB’s construction of the Medicare regulations, unmodified by the Secretary, was either “demonstrably irrational,” Milhollin, 444 U.S. at 565 , 100 S.Ct. at 797 , or “clearly erroneous or

United States v. John Doe, a Juvenile

94 F.3d 532 · Court of Appeals for the Ninth Circuit · Aug 12, 1996

The government has the burden of establishing that prosecution as an adult is warranted. Id. a) Age and Social Background Relying on United States v. … Here, the district clearly inquired into the availability of programs for defendant.

United States Ex Rel. Mateski v. Raytheon Co.

816 F.3d 565 · Court of Appeals for the Ninth Circuit · Mar 7, 2016

Rather, in resolving the case based upon whether Wang qualified as an  UNITED STATES EX REL MATESKI V. … Rather than analyze substantial similarity, we skipped directly to finding that Hagood clearly qualified as an original source.

United States v. $186,416.00 in U.S. Currency

583 F.3d 1220 · Court of Appeals for the Ninth Circuit · Oct 20, 2009

The LAPD would qualify to receive forfeited funds under this provision, should the fed *1231 eral government elect to make such a transfer. … The First Circuit held that the exclusionary rule "clearly could not have barred the district court from considering the defendant’s voluntary statements as set forth in the PSR.” Id. at 505 .

Pacheco Fregozo v. Holder

Court of Appeals for the Ninth Circuit · Aug 12, 2009

This statutory lan- guage clearly reaches conduct that creates only potential harm to a child; no actual injury to a child is required for convic- tion. … It is the govern- ment’s burden “to establish clearly and unequivocally [that] the conviction was based on all of the elements of a qualify- ing predicate offense,” through such documents and other “ju- dicially noticeable

Paramount Land Co. v. California Pistachio Commission

Court of Appeals for the Ninth Circuit · Jun 7, 2007

First, Congress directed the establishment of the program itself, including its promotional activities. Id. at 560- 61. … In Johanns, the Court held that the speech at issue in that case more than met the requirements for qualifying as government speech.

United States v. Real Property at 2659 Roundhill Drive, Alamo, California

283 F.3d 1146 · Court of Appeals for the Ninth Circuit · Mar 18, 2002

sale extinguished any junior claims (here, the United States’s) arising after the purchasers’ interest vested, which was January 24, 1993 when World recorded its deed of trust; and (3) they were “innocent owners” and thus immune … Of course, Roundhill /’s rejection of the government’s position does not establish that it was not substantially justified.

Independent Living Center of Southern California, Inc. v. Shewry

543 F.3d 1050 · Court of Appeals for the Ninth Circuit · Sep 17, 2008

“A district court abuses its discretion in denying a request for a preliminary injunction if it ‘base[s] its decision on an erroneous legal standard or clearly erroneous findings of facts.’ ” Id. … The Court denied relief, holding that plaintiffs’ requests for notice and declaratory relief constituted claims for retrospective damages and were thus barred by state sovereign immunity under the Eleventh Amendment.

Spencer v. World Vision, Inc.

619 F.3d 1109 · Court of Appeals for the Ninth Circuit · Jan 25, 2011

Judge O’Scannlain formulates this test: “a nonprofit entity qualifies for the section 2000e-1 exemption if it establishes that it 1) is organized for a self-identified religious purpose (as evidenced by Articles of Incorporation … [and] belong to no clearly delineated religious order”); EEOC v.