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65 F.3d 1514 · Court of Appeals for the Ninth Circuit · Sep 19, 1995
The record establishes that without this action defendants would not have developed the policy ultimately adopted in this case. … Friend, 992 F.2d at 243 At any rate, Farrar clearly does not affect this court's original determination, affirmed by the Ninth Circuit, that plaintiffs prevailed in this case.
Cited 0 timesPublishedNorthwest Ecosystem Alliance v. United States Fish And Wildlife Service
475 F.3d 1136 · Court of Appeals for the Ninth Circuit · Feb 2, 2007
The significance requirement in the DPS Policy pertains to whether a population qualifies as a species, while significance in § 1532(6) relates to whether a species is endangered. … The Service found that the first, second, and fourth factors warranted analysis and that none of those factors established the Washington gray squirrels' significance to their taxon.
Cited 61 timesPublishedPon Wing Quong v. United States
111 F.2d 751 · Court of Appeals for the Ninth Circuit · Apr 29, 1940
While he was not apprised of his right to remain silent nor that anything he might say could be used against him, no force or pressure or inducement of any kind was shown nor promise of immunity or leniency given. … It is, of course, settled that the confession cannot be admitted until the corpus delicti has been established.
Cited 44 timesPublished878 F.2d 290 · Court of Appeals for the Ninth Circuit · Aug 23, 1989
Faysound knew from the opinion in Rockwell, supra, to which the amended complaint made reference, that it was crucial for the purpose of establishing federal jurisdiction to establish that each of the Insurers was diverse … The facts did not qualify as subsequent events and so did not give a basis for invoking Rule 15(d).
Cited 71 timesPublished709 F.3d 890 · Court of Appeals for the Ninth Circuit · Mar 7, 2013
To qualify as available, the space must take into account sex, marital and familial status, and disabilities.” … A majority vote of the city council is required to pass or adopt an ordinance, and the subject of the ordinance must be clearly expressed in the title. Idaho Code. § 50-902.
Cited 202 timesPublishedMassok v. Keller Industries, Inc.
147 F. App'x 651 · Court of Appeals for the Ninth Circuit · Sep 1, 2005
He does not remember the fall clearly, but testified that he did not lose his balance, miss his step or feel the ladder tip to the side. Rather, he believes he fell because the ladder slipped out from under him. … The district court found Paul did not qualify as an expert and excluded his testimony.
Cited 8 timesPublishedBarbara Jackson v. East Bay Hospital
246 F.3d 1248 · Court of Appeals for the Ninth Circuit · Apr 19, 2001
"As the text of the statute clearly states, the hospital's duty to stabilize the patient does not arise until the hospital first detects an emergency medical condition." Eberhardt v. … that the provision in § 1317(c) precluding liability "if a refusal to render emergency services or care... is based on the determination, using reasonable care, that the person is not suffering from an emergency condition" establishes
Cited 0 timesPublishedLawrence Lauser v. City College of San Francisco
359 F. App'x 755 · Court of Appeals for the Ninth Circuit · Nov 17, 2009
Under both Acts, the term “employee” excludes a person employed by an entity that does not qualify as an “employer” under the Acts. 29 U.S.C. §§ 142(3), 152(3). … The district court properly imposed sanctions on Sarro for filing a baseless complaint because the lack of subject matter jurisdiction should have been clear from well-established law on the NLRA and LMRA and the Eleventh
Cited 3 timesUnpublishedLeague To Save Lake Tahoe v. Crystal Enterprises
685 F.2d 1142 · Court of Appeals for the Ninth Circuit · Aug 31, 1982
Zoning ordinances ordinarily establish separate areas, locating in each the appropriate uses, and forbidding other uses that will tend to impair the development and stability of the area for appropriate uses. … This finding is not clearly erroneous. Appellant, Crystal Enterprises, therefore, cannot qualify for exemption under LUO § 9.11. It may not re-commence construction without TRPA review. B.
Cited 2 timesPublishedCourt of Appeals for the Ninth Circuit · Sep 23, 2008
Consequently, we cannot say that all convictions under section 11379(a) qualify for the enhancement. … Kelly, 422 F.3d 889, 895 (9th Cir. 2005) (“Under the modified categorical approach, the government has the burden to establish clearly and unequivocally the conviction was based on all of the elements of a qualifying predicate
Cited 0 timesPublishedWallis v. Princess Cruises, Inc.
306 F.3d 827 · Court of Appeals for the Ninth Circuit · Sep 24, 2002
A cruise line’s treatment’ of *841 paying passengers clearly has potential to disrupt commercial activity, and certainly has substantial relationship to traditional maritime activity. … Soc’y Expeditions, Inc., 39 F.3d 1398 , 1409 (9th Cir.1994), there appears to be no established maritime standard for evaluating such claims. See Muratore v.
Cited 49 timesPublishedAlejandro Rodriguez v. Timothy Robbins
804 F.3d 1060 · Court of Appeals for the Ninth Circuit · Oct 28, 2015
Duenas-Alvarez, 549 U.S. 183 (2007), which held that violating a California statute prohibiting taking a vehicle without the owner’s consent qualifies as a “theft offense.” … money laundering, human trafficking, or terrorism; having carried out severe violations of religious freedom while serving as a foreign government official; or having been involved in serious criminal activity and asserting immunity
Overruled by Jennings v. Rodriguez, 136 S. Ct. 2489 (2016)Cited 178 timesPublished424 F.3d 1060 · Court of Appeals for the Ninth Circuit · Sep 15, 2005
Some established routes are served by those lighter vehicles. Id. at 1125 . … We agree with UPS that, for purposes of FEHA's safety-of-others defense, this finding is clearly erroneous.
Cited 0 timesPublishedHill v. United States Immigration & Naturalization Service
714 F.2d 1470 · Court of Appeals for the Ninth Circuit · Sep 7, 1983
Medical examinations are to be made by at least one qualified medical officer of the United States Public Health Service or by a qualified civil surgeon. H.R.Rep. … Rather, the medical examination is to be made by “at least one qualified medical officer”. Id.
Cited 1 timesPublishedSteven T. Seitz v. Robert C. Clark
524 F.2d 876 · Court of Appeals for the Ninth Circuit · Oct 23, 1975
In holding that Roth did not have a property interest sufficient to require a hearing the Court said in part: “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for … The course of dealings between Seitz and the University does not, however, rise to the level of bilateral expectation that the Supreme Court held in Sindermann must be established to create a property interest requiring a
Cited 8 timesPublished880 F.2d 1108 · Court of Appeals for the Ninth Circuit · Jul 26, 1989
Under the Midcal test, “ ‘the challenged restraint must be “one clearly articulated and affirmatively expressed as state policy,” ’ ” and “the anticompetitive conduct ‘must be “actively supervised” by the State itself.’ ” … An attorney is not immune from antitrust liability if he becomes an active participant in formulating policy decisions with his client to restrain competition. See Tillamook Cheese and Dairy Ass’n v.
Cited 6 timesPublishedProject Veritas v. Michael Schmidt
72 F.4th 1043 · Court of Appeals for the Ninth Circuit · Jul 3, 2023
Nothing we have said today impugns the well-established rule that the First Amendment does not “accord [a speaker] immunity from torts or crimes committed” in service of his speech. … Indeed, the First Circuit has held that the First Amendment right to record law enforcement is “clearly established” even for the purposes of qualified immunity.
Cited 6 timesPublished68 F.2d 799 · Court of Appeals for the Ninth Circuit · Jan 29, 1934
The trustee in bankruptcy qualified October 21, 1930. … We think instruction No. 10 *806 should have been given and is not clearly covered by any instruction given.
Cited 15 timesPublished496 F.3d 1003 · Court of Appeals for the Ninth Circuit · Aug 6, 2007
On the merits of the two claims, the court held that the money laundering statute clearly identifies the proscribed conduct and does not encourage arbitrary or discriminatory enforcement; and that Riedl’s use of the First … In her view, “[t]hat a petitioner establish valid reasons for not attacking the conviction earlier is an element of a laches rebuttal....
Cited 93 timesPublishedVernon Parker v. United States
500 F. App'x 630 · Court of Appeals for the Ninth Circuit · Dec 10, 2012
The government has established that the Small Business Administration’s Office of Inspector General’s investigation into VBP Group, LLC’s 8(a) certification application was not subject to any legal constraint or mandatory … The SBA’s supervision of its staff is clearly a discretionary function, entails the consideration of policies and competing administrative and investigatory priorities, and is therefore immunized from liability under the
Cited 1 timesUnpublished
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