Case law

US West Communications, Inc. v. Hamiton

224 F.3d 1049 · Court of Appeals for the Ninth Circuit · Sep 13, 2000

These provisions clearly qualify as “rates, terms, and conditions.” … Such requirements are clearly valid under our decisions in MCI Telecommunications, 204 F.3d at 1268, and MFS Intelenet, 193 F.3d at 1121.

Jeanene Harlick v. Blue Shield of California

686 F.3d 699 · Court of Appeals for the Ninth Circuit · Jun 4, 2012

It therefore does not qualify as an SNF under either California or Missouri law. … While that is one means of establishing a violation [of] the statute, it is not the exclusive means.

Garcia v. Carey

Court of Appeals for the Ninth Circuit · Jan 19, 2005

established Fed- eral law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1). … The clearly established law, as we have already stated, is Jackson v.

Hawai'i Disability Rights Cent v. Christina Kishimoto

122 F.4th 353 · Court of Appeals for the Ninth Circuit · Nov 26, 2024

A FAPE provides every child who qualifies with “special education” and “related services.” Id.; see also id. § 1401(26), (29). … If an IEP team member disagrees with the IEP established for the child (or with the failure to establish one), the team member—in practice, typically the child’s parent— must exhaust administrative remedies by filing an administrative

Phillips v. Alaska Hotel & Restaurant Employees Pension Fund

944 F.2d 509 · Court of Appeals for the Ninth Circuit · Sep 10, 1991

As of 1970-71, 4.28 percent of Fund participants ultimately qualified for a pension benefit. By 1979-80, this percentage had dropped to 1.31. … It simply granted full vesting from the date of judgment to those class members who qualified under the new rules.

David Barboza v. Ca Assn of Prof Firefighters

Court of Appeals for the Ninth Circuit · Aug 28, 2015

The Department’s statement that “[t]he statute clearly contemplates the formal execution of a trust 20 BARBOZA V. CAL. ASS’N OF PROF. … In an amicus petition for rehearing, the Department argued that § 1103 required “that the written document establishing the trust must clearly label the trustees, beneficiaries, and trust res, and thus in express and unambiguous

Production Farm Management v. William Brock, Secretary of Labor

767 F.2d 1368 · Court of Appeals for the Ninth Circuit · Aug 8, 1985

DOL’s calculation for the previous year, however, had established an unpublished AEWR of $3.13. … After receipt of comments, DOL issued a final rule establishing the $3.67 AEWR for Arizona. 44 Fed.Reg. 55825 (Sept. 28, 1979).

Tanner v. McDaniel

493 F.3d 1135 · Court of Appeals for the Ninth Circuit · Jul 13, 2007

We conclude, however, that none of Tanner’s contentions qualifies as a nonfrivolous ground for appeal. See George v. … ’ by this Court” for purposes of determining what constitutes clearly established federal law, as determined by the Supreme Court.

Boon Global Limited v. Usdc-Caoak

923 F.3d 643 · Court of Appeals for the Ninth Circuit · May 3, 2019

If Indyzen’s claims sound in tort, we cannot say definitively jurisdiction was wrongly exercised, and therefore the district court did not clearly err. B. … concluded that ordinarily use of the mails, telephone, or other international communications simply do not qualify as purposeful activity invoking the benefits and protection of the forum state.” Roth v.

National Union Fire Insurance Restaurant Enterprises Group v. United States of America, and Army Corps of Engineers, National Union Fire Insurance Restaurant Enterprises Group, Plaintiffs-Appellees-Cross-Appellants v. United States of America, Defendant-Appellant-Cross-Appellee

115 F.3d 1415 · Court of Appeals for the Ninth Circuit · Jun 10, 1997

But Varig qualified the operational planning level distinction in Dalehite, by holding that "it is the nature of the conduct, rather than the status of the actor, that governs whether the discretionary function exception … Where a statute or policy requires a particular government action, it has no discretionary function immunity based on its choice to spend its money doing something else instead.

Al Otro Lado v. Alejandro Mayorkas

138 F.4th 1102 · Court of Appeals for the Ninth Circuit · Oct 23, 2024

established law’ standard in qualified immunity analysis.” … Alvarez-Machain and “Clearly Established” International Tort Law, 19 Emory Int’l L. Rev. 129, 132 (2005). 78 AL OTRO LADO V. MAYORKAS piracy.” Nestle, 593 U.S. at 635, 637 (plurality op.).

Wilfredo Dacuycuy v. Immigration & Naturalization Service

46 F.3d 1140 · Court of Appeals for the Ninth Circuit · Jan 12, 1995

Rios-Pineda, 471 U.S. 444, 449 (1985) (Rios-Pineda). 5 To qualify for a discretionary suspension of deportation under 8 U.S.C. … Jong Ha Wang, 450 U.S. 139 , 144 n.5 (1981); see also Vasquez, 767 F.2d at 601 ("The unequivocal language of Rios-Pineda clearly establishes that the [Board] has discretion to deny a motion to reopen filed pursuant to 8 C.F.R

Jan Biro v. G. R. Keyes

Court of Appeals for the Ninth Circuit · Jan 13, 2025

Dismissal Under FRCP 12(b)(6): Prosecutorial Immunity. … Considering the prior dismissal of Biro’s claims and the pending motions to dismiss the SAC, the district court did not clearly err by declining Biro’s request to conduct discovery. 7.

Michael Lewis v. County of San Diego

Court of Appeals for the Ninth Circuit · Dec 9, 2019

The district court did not err in finding that Jemison is entitled to qualified immunity. … Callahan, 555 U.S. 223, 231 (2009) (stating qualified immunity protects officials from liability for civil damages). 5.

Lawrence Ogbechie v. R. Covarrubias

Court of Appeals for the Ninth Circuit · Aug 11, 2021

Our precedents, as of 2017, gave Defendants notice that their actions violated Plaintiff’s "clearly established . . . constitutional rights of which a reasonable person would have known." … Defendants are not entitled to qualified immunity. REVERSED and REMANDED. 5

Timberlane Lumber Co. v. Bank of America

549 F.2d 597 · Court of Appeals for the Ninth Circuit · Dec 27, 1976

It is apparent that the doctrine does not bestow a blank-check immunity upon all conduct blessed with some imprimatur of a foreign government. In Continental Ore Co. v. … setting, for there a "substantial” restraint is in any event necessary for the establishment of jurisdiction itself.

Francisco Sanchez v. Dupnik

362 F. App'x 679 · Court of Appeals for the Ninth Circuit · Jan 14, 2010

immunity on a claim for excessive force asserted under 42 U.S.C. § 1983. … Sanchez did not disclose an expert by the court-ordered August 9, 2006 deadline nor by the stipulated April 1, 2007 2 deadline, established by agreement in light of the death

United States v. Hosep Krikor Bajakajian, Aka: Joe Bajakajian

84 F.3d 334 · Court of Appeals for the Ninth Circuit · May 20, 1996

United States, 509 U.S. 602, 619-21 , 113 S.Ct. 2801, 2811 , 125 L.Ed.2d 488 (1993) (rejecting expansive definitions as to what qualifies as the instrumentality of a particular crime). … First, a car used to transport money is clearly the instrumentality of a § 5316 violation because the car itself is used to export and conceal the currency.

Jose Rolando Escobar Ruiz v. Immigration and Naturalization Service

838 F.2d 1020 · Court of Appeals for the Ninth Circuit · Feb 24, 1988

The congressional policies underlying the EAJA are consistent with allowing fee awards in proceedings that qualify as adversary adjudications under the APA’s definition. … This supports the view that deportation proceedings also qualify for EAJA fee awards. See section C infra. .

Frank McGraw v. County of Riverside Mischelle Zimmerman, Individually and in Her Official Capacity

111 F.3d 138 · Court of Appeals for the Ninth Circuit · Apr 18, 1997

We also agree that California's qualified immunity bars McGraw's supplemental state law claims. Accordingly, we affirm the entry of summary judgment in favor of defendants on all claims. I. … McGraw's supplemental claims involve questions of state tort law and questions of immunity and qualified immunity under state law.