Case law

Rendleman v. Shalala

21 F.3d 957 · Court of Appeals for the Ninth Circuit · Apr 14, 1994

Instead, Rendleman started a clinic in another location not yet designated an HMSA, although it apparently qualified for and later received such a designation. Rendleman I, 860 F.2d at 1542 . … The regulation mirrors the language of the statute, which arguably, if not clearly, treats undue hardship in conjunction with unconscionability as a single basis for a waiver.

Vernon C. Burke v. United States

282 F.2d 763 · Court of Appeals for the Ninth Circuit · Nov 12, 1960

This simply embraces the intentional and unlawful use of a dangerous weapon, by means of which an assault is committed with such weapon upon the person of another.” 4 Godfrey has never been reversed, modified or qualified … This doctrine of criminal law is clearly delineated in the early Oregon case of 1888 of State v. McLennen, 16 Or. 59 , 16 P. 879, 880 .

United States v. $132,245.00 in U.S. Currency

764 F.3d 1055 · Court of Appeals for the Ninth Circuit · Aug 21, 2014

“A finding is clearly erroneous if we are ‘left with the definite and firm conviction that a mistake has been committed.’” Ruiz v. … This undisputed declaration suffices to qualify Jasper as a sophisticated drug dog. See United States v.

United States v. Riedl

496 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....

Carl Haglund v. Kshama Sawant

Court of Appeals for the Ninth Circuit · Jul 10, 2019

“The opportunity to persuade others to action is clearly protected” as a legal interest. Caruso v. Local Union No. 690 of Int’l Bhd. of Teamsters, 670 P.2d 240, 242 (Wash. 1983). … As to Sawant, Haglund did not plead “clearly established statutory or constitutional rights of which a reasonable person would have known,” which is required to overcome qualified immunity. Pearson v.

Helen Doe v. Thomas Horne

115 F.4th 1083 · Court of Appeals for the Ninth Circuit · Sep 9, 2024

This finding is not clearly erroneous. … Appellants’ argument rests on the flawed premise that the Act qualifies as remedial legislation.

Association of American Medical Colleges v. United States

217 F.3d 770 · Court of Appeals for the Ninth Circuit · Jul 11, 2000

Although payment of residents’ salaries is covered under Medicare Part A, services performed by residents under the direction of teaching *775 physicians qualified for Part B reimbursement where (1) the teaching physician … It would be absurd to assert that physicians could receive the significant remuneration that characterizes Part B reimbursement for supplying the same level of services that qualifies and was paid for as Part A services.

Faysound Limited, a Corporation v. United Coconut Chemicals, Inc., United States Aviation Underwriters Incorporated

878 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).

Wallis 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.

United States v. Moreno-Morillo

334 F.3d 819 · Court of Appeals for the Ninth Circuit · Jun 25, 2003

As an exercise of congressional power pursuant to Article I, Section 8, Clause 10, this court clearly has held that the MDLEA is constitutional. See United States v. … It is well established that federal courts have jurisdiction to determine their jurisdiction. See, e.g., Capron v. Van Noorden, 2 Cranch 126 , 6 U.S. 126, 127 , 2 L.Ed. 229 (1804).

Siegel v. Chicken Delight, Inc.

448 F.2d 43 · Court of Appeals for the Ninth Circuit · Sep 9, 1971

However, the admissions in evidence clearly demonstrate that the tied packaging was easily specifiable. In fact, the only specifications required were printing and color. … One cannot immunize a tie-in from the antitrust laws by simply stamping a trade-mark symbol on the tied product — at least where the tied product is not itself the product represented by the mark.

Schneider v. Trw, Inc.

938 F.2d 986 · Court of Appeals for the Ninth Circuit · Aug 27, 1991

First, I do not contend for a moment that the prudential concerns in Gibbs establish a mandatory or inflexible rule. … Moreover, virtually all judicially announced policy considerations are dicta in a literal sense, but the taint of that word alone does not vitiate their force or immunize the district courts that ignore them.

In Re Donna Vizcaino, John R. Waite, Mark Stout, Geoffrey Clubert, Lesley Stuart, Thomas Morgan, Elizabeth Spokoiny and Larry Spokoiny, and the Class They Represent, Plaintiffs-Petitioners v. United States District Court for the Western District of Washington, Microsoft Corporation and Its Pension and Welfare Benefits Plans, Defendants/real Parties in Interest. Donna Vizcaino John R. Waite Mark Stout Geoffrey Culbert Lesley Stuart Thomas Morgan Elizabeth Spokoiny Larry Spokoiny v. Microsoft Corporation, and Its Health and Benefits Plans: Health Benefit Plan, Life Insurance Plan, Short-Term and Long-Term Disability Plans, and Savings (401k) Plan

173 F.3d 713 · Court of Appeals for the Ninth Circuit · May 12, 1999

Their right to participate being clearly established, we also see no reason why those workers in this group who are currently employed by Microsoft should not now participate on an ongoing basis in the ESPP, and entry of … This control establishes an employer-employee relationship." Vizcaino I, 97 F.3d at 1190 n. 2.

Garvin v. Greenbank

856 F.2d 1392 · Court of Appeals for the Ninth Circuit · Sep 12, 1988

Dobras, 128 Ariz. 209 , 624 P.2d 887 (Ct.App.1981), the Arizona Court of Appeals discussed the elements necessary to establish a violation of A.R.S. § 44-1991(2). … The record clearly indicates the appellees were directly and bounteously rewarded for their efforts.

Securities & Exchange Commission v. Rogers

790 F.2d 1450 · Court of Appeals for the Ninth Circuit · Jun 3, 1986

Further, TMSA and Kittredge opposed the efforts by DISA and Norsul to qualify to develop and mine Concession No. 35. … Primary Liability To establish primary liability under the antifraud provisions, the SEC must establish that a defendant intentionally or recklessly misrepresented or failed to disclose a material fact in connection with

The Jeanery, Inc., an Oregon Corporation, and Rock Bottom Jean Co., Inc., an Oregon Corporation v. James Jeans, Inc., a Washington Corporation

849 F.2d 1148 · Court of Appeals for the Ninth Circuit · Jun 2, 1988

The point of Colgate was that manufacturers have a qualified privilege to choose the firms with which they will deal. … One commentator has stated: "Monsanto clearly does not adopt the implied acceptance or the coercion theory of agreement, but it may not entirely reject them either.

Mengelkoch v. Industrial Welfare Commission

442 F.2d 1119 · Court of Appeals for the Ninth Circuit · Jan 11, 1971

A constitutional contention is plainly insubstantial if it is obviously devoid of merit or if its unsoundness so clearly results from the previous deci *1122 sions of the Supreme Court as “ ‘ * * * to foreclose the subject … defendants refer to Article I, sections 11 and 21 of the state constitution, which provide that all laws of a general nature shall have a uniform operation and no citizen or class of citizens shall be granted privileges and immunities

Amphastar Pharmaceuticals Inc. v. Aventis Pharma SA

856 F.3d 696 · Court of Appeals for the Ninth Circuit · May 11, 2017

Amphastar “bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence.” Alcan, 197 F.3d at 1018. … B Since the public disclosure bar was triggered, did Amphastar qualify as an original source?

United States of America, Ex Rel., Paul Biddle v. Board of Trustees of the Leland Stanford, Jr. University

147 F.3d 821 · Court of Appeals for the Ninth Circuit · May 26, 1998

Biddle bears the burden of establishing jurisdiction by a preponderance of the evidence. Id. The two primary Ninth Circuit cases to address the issue of voluntariness are Fine and Hagood II. … Upon reviewing the evidence relied upon by the district court, we believe that the court’s above findings are not clearly erroneous.

James Endy v. County of Los Angeles

Court of Appeals for the Ninth Circuit · Mar 27, 2018

The district court properly dismissed the social workers because they are entitled to qualified immunity for Endy’s due process claims. … See Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011) (“A Government official’s conduct violates clearly established law when, at the time of the challenged conduct, the contours of a right are sufficiently clear that every