Case law

95 Cal. Daily Op. Serv. 7970, 95 Daily Journal D.A.R. 13,656 Fred Meyer, Inc., a Delaware Corporation v. William Casey Herb L. Gray Ken Benjamin Mike Wiley Lon Mabon Phillip Z. Ramsdell No Special Rights Committee Oregon Citizens Alliance John Does, 1 Through 50 Jane Does, 1 Through 50

67 F.3d 1412 · Court of Appeals for the Ninth Circuit · Oct 10, 1995

In Lugar, the Court established a two-part state action test to determine if conduct that allegedly caused the deprivation of a federal right could be fairly attributable to the State. … Tax collection appears clearly to qualify. Some of the others may be more problematic. See Rendell-Baker v.

Tracy Cain v. Kevin Chappell

870 F.3d 1003 · Court of Appeals for the Ninth Circuit · Sep 13, 2017

The Supreme Court has clearly established that a defendant must receive adequate notice of the charges against him. … Cain qualified for a diagnosis of mild Mental Retardation.

United States v. Bad Marriage

Court of Appeals for the Ninth Circuit · Feb 21, 2006

Booker, however, changed that, establishing that application of the Guidelines could not be mandatory. 125 S. Ct. 738, 756-57 (2005). … The fact that some of the district court’s reasons for imposing the long sentence did not violate the law of the case does not, however, immunize the sentence for law of the case purposes.

Michael P. v. Department of Education

656 F.3d 1057 · Court of Appeals for the Ninth Circuit · Sep 8, 2011

But what does that establish? Hawaii’s statewide system existed long before the federal statute and regulations were amended in 2004 and 2006, so it obviously wasn’t set up to evade those enactments. … His conclusions that Courtney did not show a need for special education and services, Haw.Code R. § 8-56-15, and that she did not qualify for special education under the specific learning disability category, Haw.Code R.

United States v. Javier Ochoa-Gaytan, A.K.A. Rodolfo Rodriguez-Ortega

265 F.3d 837 · Court of Appeals for the Ninth Circuit · Sep 7, 2001

U.S.S.G. § 3El.l(a) (“If the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels.”). … . § 3El.l(b) states: (b) If the defendant qualifies for a decrease under subsection (a), the offense level determined prior to the operation of subsection (a) is level 16 or greater, and the defendant has assisted authorities

Daneshea Montanocordoba v. Contra Costa County

Court of Appeals for the Ninth Circuit · May 31, 2022

Even if Shiraishi’s actions violated Montanocordoba’s right to familial 3 association, Montanocordoba has not carried her burden of establishing that right was “clearly established … Therefore, the claims against Shiraishi were barred by qualified immunity. The district properly granted summary judgment in Shiraishi’s favor.

Sherr-Una Booker v. C. R. Bard, Inc.

969 F.3d 1067 · Court of Appeals for the Ninth Circuit · Aug 13, 2020

“Ordinarily, orders denying summary judgment do not qualify as ‘final decisions’ subject to appeal.” Ortiz v. Jordan, 562 U.S. 180, 188 (2011) (quoting 28 U.S.C. § 1291). … Because Ortiz allowed for the possibility of a Banuelos-like exception, it is not clearly irreconcilable with Banuelos.

John Teixeira v. County of Alameda

873 F.3d 670 · Court of Appeals for the Ninth Circuit · Oct 10, 2017

First, Appellants’ complaint clearly alleges that even the County doesn’t believe such purported justification; thus it is pre-textual. See Romer v. … Thus, under the series-qualifier canon, the adjective “longstanding” applies to each phrase within the parallelism—including “laws imposing conditions and qualifications on the commercial sale of'arms.”

Long Beach Area Peace Network v. City of Long Beach

Court of Appeals for the Ninth Circuit · Apr 15, 2008

The two remaining city public services are less clearly related to substantial governmental interests — “construction” and “crowd control.” … Barclay, 272 F.3d 1207, 1216 (9th Cir. 2001) (holding in a § 1983 action that state officials were not enti- tled to qualified immunity for limiting the message of a speaker who was protected by First Amendment).

Keith v. Volpe

833 F.2d 850 · Court of Appeals for the Ninth Circuit · Dec 3, 1987

XIV, § 5, to remove state eleventh amendment immunity from section 1988 attorney fee awards. Maher v. Gagne, 448 U.S. 122, 132 , 100 S.Ct. 2570, 2576 , 65 L.Ed.2d 653 (1980); Hutto v. … By calculating the number of hours reasonably expended by the Center and the reasonable hourly rate for the work done, and by clearly articulating the manner in which it made its determination, the district court satisfied

Seia v. Ferc

Court of Appeals for the Ninth Circuit · Sep 5, 2023

PURPA requires utilities to buy electricity from Qualifying Facilities at FERC’s established prices. 16 U.S.C. § 824a-3(b). … Comm’n, 922 F.3d 929, 938 (9th Cir. 2019) (approving rule that established that a Qualifying Facility “would not be entitled to capacity costs unless it actually displaced the utility’s need for additional capacity”).

United States v. Creasia

316 F. App'x 558 · Court of Appeals for the Ninth Circuit · Nov 18, 2008

Claiborne, 765 F.2d 784, 798 (9th Cir.1985) (reliance on a qualified tax accountant must be in good faith), abrogated on other grounds by Ross v. Oklahoma, 487 U.S. 81 , 108 S.Ct. 2273 , 101 L.Ed.2d 80 (1988). … Creasia’s contention that the district court impermissibly shifted the burden to Creasia to prove his innocence fails because it was his burden to establish that the indictment against him should be dismissed for lack of

United States v. Nna Onuoha

820 F.3d 1049 · Court of Appeals for the Ninth Circuit · Apr 20, 2016

In our first step, we consider whether the alleged crime is sufficiently “serious” to establish an important governmental interest. See United States v. … This second step requires measuring any mitigating circumstances against the established government interest. See, e.g., United States v.

Jeffrey Nielsen v. Ryan Thornell

Court of Appeals for the Ninth Circuit · Jul 8, 2024

For example, it might have to show that it has devoted substantial resources to this objective or that the public clearly recognizes that goal as a central mission of that organization. … THORNELL 1609.01(K)(2), and waive any defense based on sovereign immunity, id. § 41-1609.01(L).

Officers for Justice v. Civil Service Commission

688 F.2d 615 · Court of Appeals for the Ninth Circuit · Sep 21, 1982

At this stage of the proceedings, that is clearly his burden to carry. … Although the question remained open in this circuit for a short while, our recent decisions clearly establish that proof of intent is required for employment discrimination claims brought pursuant to 42 U.S.C. § 1981 .

Michael Jackson v. Arthur Calderon, Warden

211 F.3d 1148 · Court of Appeals for the Ninth Circuit · May 8, 2000

Aniline had not examined Jackson, but was a highly qualified expert on the effects of PCP. He was Ward Chief in Psychiatry at Los Angeles County Medical Center. … The district court found to the contrary, however, and that finding is not clearly erroneous. . This evidence of Dr.

Webb v. Lewis

44 F.3d 1387 · Court of Appeals for the Ninth Circuit · Aug 24, 1994

However, contrary to Swan , the majority establishes a bright-line rule that only language inappropriate for a child of similar age indicates reliability. … Proctor’s gratuitous negative comments about Webb were clearly improper. They had the capacity to color Heather’s following statements.

Smith v. Elkins

19 F.3d 29 · Court of Appeals for the Ninth Circuit · Mar 2, 1994

We remanded the case to determine the issue of qualified immunity. After remand, the prison replaced Rule 46 with Rule 63, which clearly proscribes praying aloud in a foreign language. … Qualified immunity. 4 We review de novo the district court's finding of qualified immunity. Hamilton v.

Elliott v. Bumb

356 F.2d 749 · Court of Appeals for the Ninth Circuit · Feb 9, 1966

Elliott is the duly appointed, qualified, and acting trustee of Van’s estate. … so *754 clearly anticipated in the agreement precisely defining their trust quality and manner of handling.

Friedman Brothers Investment Company v. Lewis

676 F.2d 1317 · Court of Appeals for the Ninth Circuit · May 12, 1982

UMTA's decision that the bus yard qualified for a categorical exclusion is "final" in that it is the culmination of the agency's administrative procedures and will not be reconsidered at any later date. 10 In Aberdeen & Rockfish … It would seem that the acquisition grant-the product of a five-year planning effort by the cities of Torrance and Gardena and UMTA-was such a proposal, clearly establishing the agency's intentions to proceed with construction