Case law

96 Cal. Daily Op. Serv. 4264, 96 Daily Journal D.A.R. 6885 the Crow Tribe of Indians Crow Tribal Gaming Commission Absaloka Casino Enterprise, Inc. Clara Nomee Gavin Jefferson Henrietta Pretty on Top Leon Pretty Weasel Tyrone Ten Bear and Steven Stevens v. Marc Racicot, Individually and as Governor of the State of Montana Janet Jessup, Individually and in Her Capacity as Administrator of the Montana Gambling Control Division Joseph Mazurek, Individually and in His Capacity as Attorney General for the State of Montana Deanne Sandholm, Individually and in Her Capacity as Assistant Attorney General for the State of Montana Montana Gambling Control Division and the State of Montana

87 F.3d 1039 · Court of Appeals for the Ninth Circuit · Jun 14, 1996

Her conduct was objectively reasonable and she is entitled to qualified immunity. See Malley v. Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092, 1096 , 89 L.Ed.2d 271 (1986). 43 D. … Thus, the Crow have failed to establish the necessary predicate for a Due Process claim--the existence of a property or liberty interest.

Delvecchia v. Frontier Airlines, Inc.

Court of Appeals for the Ninth Circuit · Feb 9, 2026

Frontier is immune from liability for those claims under 49 U.S.C. § 44941(a). … In sum, the district court correctly concluded that the plaintiffs have not established a genuine dispute of material fact on any of their claims.

Klamath-Lake Pharmaceutical Association v. Klamath Medical Service Bureau

701 F.2d 1276 · Court of Appeals for the Ninth Circuit · Apr 1, 1983

At the same time, however, antitrust litigation, if made immune from summary judgment, could become an anticompetitive activity itself. … We did state that the "most obvious reason for rejecting a claim of immunity is the absence of any state law regulating the challenged activity." Id. at 452.

United States v. Washington

645 F.2d 749 · Court of Appeals for the Ninth Circuit · May 18, 1981

Moreover, the phrasing of the clause quite clearly avoids placing each individual Indian on an equal footing with each individual citizen of the State. … pruning excess gear from an overcrowded commercial fishery and of providing economic relief to those non-Indian commercial fishermen whose businesses and gear suffered a steep devaluation after the 1974 decision, Washington established

Budnick v. Town of Carefree

518 F.3d 1109 · Court of Appeals for the Ninth Circuit · Mar 11, 2008

We hold that potential RAC residents do not presently qualify as disabled under the FHAA simply because some of them will become disabled as they age. … While the RAC was residential in some respects, when viewed as a whole, it was clearly a for-profit endeav- or with commercial elements.

Richter v. Hickman

578 F.3d 944 · Court of Appeals for the Ninth Circuit · Aug 10, 2009

He twice received immunity from the prosecution in exchange for his testimony. … This clearly constitutes deficient performance.

Flores v. Meese

934 F.2d 991 · Court of Appeals for the Ninth Circuit · Sep 7, 1990

Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference." Id. at 588-89 , 72 S.Ct. at 518-19. … Hardwick clearly demonstrates that, in the area of substantive due process, the list of "fundamental rights" is to be construed narrowly.

Universal City Studios, Inc. v. Sony Corp. of America

659 F.2d 963 · Court of Appeals for the Ninth Circuit · Oct 19, 1981

The district court should give appellees an opportunity to establish these defenses. … The statements do not represent a considered review of the home videorecording problem, and even these statements do not clearly establish an intent to exempt unauthorized reproductions apart from the fair use doctrine. .

Kennewick Irrigation District v. United States of America, Kennewick Irrigation District Burlington Northern Railroad Company National Railroad Passenger Corporation v. United States of America, Kennewick Irrigation District v. United States

880 F.2d 1018 · Court of Appeals for the Ninth Circuit · Oct 23, 1989

The FTCA contains several exceptions, however, to this broad waiver of sovereign immunity. Berkovitz v. … Having held that we must remand the question, we "Clearly a decision to use the cheapest and easiest method in contravention of safety standards could not be a protected discretionary function, any more than the decision

United States v. Thaeeb Bay

748 F.2d 1344 · Court of Appeals for the Ninth Circuit · Mar 1, 1985

. *1346 Because the court would have allowed Bay to present the clearly relevant evidence of his tattoos only at the price of forgoing his Fifth Amendment right not to testify, we must apply the constitutional error standard … To do so would run counter to the established practice of trial courts and trial counsel: evidence submitted without objection is properly in the ease.

Horphag Research Ltd. v. Pellegrini

337 F.3d 1036 · Court of Appeals for the Ninth Circuit · May 9, 2003

To establish a trademark infringement claim under the Lanham Act, 15 U.S.C. §§ 1051-1127 (1999), a plaintiff must establish that the defendant is using a mark “confusingly similar” to the protectable trademark of the plaintiff … Therefore, Garcia’s use of the trademark plainly does not qualify for the classic fair use analysis.

The Arc of California v. Toby Douglas

757 F.3d 975 · Court of Appeals for the Ninth Circuit · Jun 30, 2014

California established under its Lanterman Act, Cal. Welf. & Inst. … United States exercised pendent jurisdiction over the district court’s denial of a motion to dismiss for failure to state a claim because that issue, like the qualified-immunity appeal over which we had primary jurisdiction

United States v. Ryan Michell

65 F.4th 411 · Court of Appeals for the Ninth Circuit · Feb 15, 2023

However, this contention contravenes clearly established Supreme Court and Ninth Circuit authority. 1 When an appellate court conducts plain-error review of a Rehaif error, any “argument that plain-error 1 Michell does … For all he knew as a layman, his maximum exposure was limited to “a mitigated sentence of one year,” which might not be a qualifying felon- in-possession predicate.

Mauricio A. Leon, M.D. v. Idx Systems Corporation, a Vermont Corporation, Mauricio A. Leon, M.D. v. Idx Systems Corporation, a Vermont Corporation

464 F.3d 951 · Court of Appeals for the Ninth Circuit · Sep 20, 2006

Accordingly, the district court’s finding was not clearly erroneous. B. … We conclude that the district court’s finding is not clearly erroneous.

The Greyhound Corporation v. United States of America, Greyhound Lines, Inc. v. United States of America, United States of America v. Greyhound Lines, Inc., the Greyhound Corporation and Greyhound Lines, Inc., Plaintiffs-Cross-Appellants v. United States of America, Defendant-Cross-Appellee

495 F.2d 863 · Court of Appeals for the Ninth Circuit · Apr 11, 1974

Therefore, the criteria established in Public Service, while not absolutely controlling, is of great importance in arriving at our ultimate conclusion on whether the findings of the district court are clearly erroneous. … The nine criteria established in Public Service are outlined in the footnote. 3 16 Greyhound's own guidelines in distinguishing between its intercity runs and 'local' operations, established long before the decision in Public

United States v. Thomas Tanke

743 F.3d 1296 · Court of Appeals for the Ninth Circuit · Mar 3, 2014

Thus, before proceeds of the fraud have been obtained, a mailing need only in some way further the scheme, as mailings designed to avoid detection or responsibility clearly do. … Such line-drawing immunity is inconsistent with our case law. See United States v.

Martin Allen Johnson v. United States Bureau of Prisons United States of America

12 F.3d 1106 · Court of Appeals for the Ninth Circuit · Dec 15, 1993

He alleged that when he was transferred to FCI Tucson from June 1991 to August 1992, prison officials denied him a vegetarian diet. 5 The district court entered summary judgment for Warden Crabtree based on qualified immunity … Corrothers, 827 F.2d 599, 602 (9th Cir.1987). 11 Even if a violation occurred, Warden Crabtree has qualified immunity because his conduct did "not violate clearly established statutory or constitutional rights of which a

William Francis Rupp v. Harley O. Teets, as Warden of the California State Prison at San Quentin, California

235 F.2d 674 · Court of Appeals for the Ninth Circuit · Nov 5, 1956

It appears to have had clearly in mind the distinctions laid down in the Wells case and announced that it would rule accordingly. 3 The court admitted m evidence, as a part of the testimony of qualified experts, the records … On occasions the doctors insisted upon qualifying their answers to such a degree that they were not responsive, and those answers were stricken by the court.

Maria Rodriguez-Tornes v. Merrick Garland

993 F.3d 743 · Court of Appeals for the Ninth Circuit · Apr 5, 2021

“To establish the necessary  ROGRIGUEZ TORNES V. … Like the Third Circuit, we have “little doubt that feminism qualifies as a political opinion within the meaning of the relevant statutes.” Fatin v.

Sauer v. United States Department of Education

668 F.3d 644 · Court of Appeals for the Ninth Circuit · Feb 3, 2012

Here, the Act does not clearly require participating states to sue federal agencies that refuse to comply with an arbitration award, and therefore we cannot say that a state licensing agency participating in the Randolph-Sheppard … Specifically, we held that the state licensing agency had waived its sovereign immunity by agreeing to participate in the Randolph-Sheppard program and that the arbitration panel was authorized to award compensatory damages