Case law

In Re Coordinated Pretrial Proceedings in Petroleum Products Antitrust Litigation. State of Arizona v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Atlantic Richfield Co. Exxon Corp. Mobil Oil Corp. And Shell Oil Co., and Continental Oil Co. Gulf Oil Corp. Phillips Petroleum Co. Caribou Four Corners, Inc. And Powerine Oil Co., State of California v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Exxon Corp. Gulf Oil Corp. Mobil Oil Corp. And Shell Oil Co., and Atlantic Richfield Co. Getty Oil Co. And Phillips Petroleum Co., State of Oregon, on Behalf of Itself, Its Residents and All Political Subdivisions Within the State Similarly Situated v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Atlantic Richfield Co. Exxon Corp. Mobil Oil Corp. And Shell Oil Co., and Getty Oil Co. Gulf Oil Corp. And Phillips Petroleum Co., State of Washington, on Behalf of Itself and Its Public Entities and Residents v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Atlantic Richfield Co. Exxon Corp. Gulf Oil Corp. Mobil Oil Corp. Shell Oil Co., and Getty Oil Co. And Phillips Petroleum Co.

906 F.2d 432 · Court of Appeals for the Ninth Circuit · Jun 22, 1990

Were we to permit such a theory, few pricing decisions would be immune from antitrust scrutiny. … ' suggestion that the lack of agreement is clearly indicated by the diversity of publication practices.

Ball v. Rodgers

Court of Appeals for the Ninth Circuit · Jul 16, 2007

States qualify for the program by applying to the Department of Health and Human Services and certifying to that agency that the cost of caring for a qualified individual through HCBS “will be less than or equal to the cost … Casey, 518 U.S. 343, 360 (1996) (“The scope of injunctive relief is dictated by the extent of the violation established” (internal quotation marks omitted); Gomez v.

Chula Vista Citizens for Jobs & Fair Competition v. Norris

755 F.3d 671 · Court of Appeals for the Ninth Circuit · Jun 16, 2014

The code establishes several requirements that official proponents must meet to qualify an initiative. … Against this clearly articulated standard of review for compelled disclosure cases, Kneebone and Breitfelder argue that strict scrutiny should apply.

25 Fair empl.prac.cas. 1565, 26 Empl. Prac. Dec. P 31,834 Anand P. Agarwal, Etc. v. Arthur G. McKee and Company, a Corporation, Etc., Anand P. Agarwal, Etc. v. Arthur G. McKee and Co., a Corporation, Etc.

644 F.2d 803 · Court of Appeals for the Ninth Circuit · May 7, 1981

III 13 We review the district court's factual findings under the clearly erroneous standard of Fed.R.Civ.P. 52(a). We reverse only if we are definitely and firmly convinced that a mistake has been committed. … The district court found that Agarwal established a prima facie case as to almost every part of his case.

48 soc.sec.rep.ser. 828, Medicare & Medicaid Guide P 43,572, 95 Cal. Daily Op. Serv. 6861, 95 Daily Journal D.A.R. 11,757 Memorial Rehabilitation Hospital of Santa Barbara v. Secretary of Health and Human Services

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

As the Secretary points out, many older, established hospitals incur high costs in maintaining their licenses and remaining competitive. … 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.

Larez v. City Of Los Angeles

946 F.2d 630 · Court of Appeals for the Ninth Circuit · Oct 7, 1991

"In many cases, the complaint will not clearly specify whether officials are sued personally, in their official capacity, or both. … Fourth, Gates requested, and received, jury instructions on qualified immunity. Such an immunity is only a defense in an individual capacity suit. Graham, 473 U.S. at 166-67 , 105 S.Ct. at 3105-06 .

Nigg v. USPS

Court of Appeals for the Ninth Circuit · Aug 27, 2007

FLSA overtime and availability pay differ significantly, both in terms of the hours of work required to qualify, and the way in which pay is calculated. … salary test . . . would qualify as exempt . . . employ- ees under the special proviso for high salaried 10604 NIGG v. USPS [administrative] employees . . . .

Richard Mathis v. County of Lyon

Court of Appeals for the Ninth Circuit · Dec 11, 2018

Judgment was entered in favor of Glover on the Fourth Amendment claims because of qualified immunity. … The district court did not err by granting Glover qualified immunity on the Fourth Amendment seizure claim.

Gregory Gabriel v. Alaska Electrical Pension Fund

755 F.3d 647 · Court of Appeals for the Ninth Circuit · Jun 6, 2014

Based on these contributions, the Fund initially credited Gabriel with eleven years of service, enough to qualify Gabriel as a vested participant under section 5.01. … In his complaint, Gabriel asserted that the defendants should be estopped from denying that he qualified as a vested participant in the Plan.

Johanna Immelt v. Dee Sharp

Court of Appeals for the Ninth Circuit · Aug 21, 2023

The district court properly determined that the officials were entitled to qualified immunity for any claims against them in their individual capacity, because Immelt failed to establish a constitutional violation. … al-Kidd, 563 U.S. 731, 735 (2011) (qualified immunity shields state officials from money damages unless plaintiff shows, among other things, that the official violated a constitutional right).

Wayne Dale Schell v. Larry Witek, Warden Bill Lockyer, Attorney General, State of California, 1

181 F.3d 1094 · Court of Appeals for the Ninth Circuit · Jun 25, 1999

In order to establish sufficient evidence, “the prosecution need not affirmatively ‘rule out every hypothesis except that of guilt.’ ” Wright v. … The record does not clearly reflect, however, whether Schell’s attorney in fact consulted a fingerprint expert and whether that expert gave á favorable report.

UNITED STATES of America, Plaintiff-Appellee, v. Mike MEKSIAN, Defendant-Appellant

170 F.3d 1260 · Court of Appeals for the Ninth Circuit · Apr 8, 1999

The court in Spinney stated that “one court of appeals has concluded that in order to establish grounds for restitution under section 3579, ‘the government need not prove that the defendant was directly responsible for the … The government contends that without Mek-sian’s false statements of income he would never have qualified for the SBA loan in the first place. 3 .

White v. Abrams

495 F.2d 724 · Court of Appeals for the Ninth Circuit · Mar 15, 1974

Fashion Park, Inc., 340 F.2d 457, 463 (2d Cir.), cert. denied, 382 U.S. 811 , 86 S.Ct. 23 , 15 L.Ed.2d 60 (1965) (purpose of rule 10b-5 is to qualify the rule of caveat emptor — not to establish a scheme of investors’ insurance … As accountants, the defendant clearly cannot be immunized from suit. The allegations may be sustained as either an intentional misrepresentation or as a negligent misrepresentation. *736 Id. at 104-105 .

Thomas Brewster v. Shasta County, a Public Entity Brad McDannold an Individual D. Compomizzo, an Individual

275 F.3d 803 · Court of Appeals for the Ninth Circuit · Dec 28, 2001

Rptr.2d 860 (1998), in which the California Court of Appeal held that the Los Angeles Sheriffs Department was a state actor and therefore immune from section 1983 liability. … As we explained in Streit , the California Constitution clearly identifies the sheriff as a county officer. Streit, 236 F.3d at 561 (citing Cal. Const, art. XI, § 1(b)).

Lapadat v. Bondi

128 F.4th 1047 · Court of Appeals for the Ninth Circuit · Feb 12, 2025

To meet prong one and establish a qualifying harm, a petitioner does not need to also prove prong three—whether the persecution was motivated on account of a protected ground. In Gormley v. … Such pernicious maltreatment clearly satisfies the past-persecution criteria established in our caselaw. See Ahmed v.

Silver v. Executive Car Leasing Long-Term Disability Plan

457 F.3d 982 · Court of Appeals for the Ninth Circuit · Aug 7, 2006

establish that additional evidence is necessary to conduct an ade- quate de novo review of the benefit decision.” … We hold that this finding is clearly erroneous.

Sulmeyer v. Suzuki (In re Grand Chevrolet, Inc.)

25 F.3d 728 · Court of Appeals for the Ninth Circuit · May 6, 1994

CONTEMPORANEOUS EXCHANGE EXCEPTION The district court held that the contemporaneous exchange exception, § 547(c)(1), 4 applied to the payments received by Pacific for Vehicles 2 and 3. 5 The checks given to Pacific Suzuki were clearly … However, the record developed before the district court does not establish whether other creditors had superior interests.

Abebe v. Gonzales

Court of Appeals for the Ninth Circuit · Dec 29, 2005

[8] We do not reach the issue of whether Petitioners, par- ents of a U.S. citizen child likely to face persecution in her parents’ native country, may derivatively qualify for asylum. … Clearly, Petitioners sought review only of the IJ’s asylum decision as it pertained to the father on political persecution grounds.

Avery Dennison Corp. v. Allendale Mutual Insurance Co.

310 F.3d 1114 · Court of Appeals for the Ninth Circuit · Nov 14, 2002

We agree with the district court that, under the plain terms of the policy and the principles established by analogous California cases, trade secrets are not tangible property with intrinsic value, and therefore do not qualify … "[W]hen an occurrence is clearly not included within the coverage afforded by the insuring clause, it need not also be specifically excluded." Glavinich v. Commonwealth Land Title Ins. Co., 163 Cal.

Kari Lake v. Bill Gates

130 F.4th 1054 · Court of Appeals for the Ninth Circuit · Mar 14, 2025

But because the liability of “of counsel” attorneys was not clearly stated in our previous case law, we decline to hold Dershowitz personally liable in this action. … GATES 17 To be sure, “of counsels” and other specialized attorneys are not immune from Rule 11 sanctions. The “of counsel” designation is no shield.