Case law

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

Pon 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.

In Re California Public Utilities Commission. Southern California Edison Company

892 F.2d 778 · Court of Appeals for the Ninth Circuit · Dec 15, 1989

The materials Westinghouse requested from the CPUC are clearly relevant to material issues in Westinghouse's underlying dispute with Edison. … According to Westinghouse, the main purpose of the discovery request is to establish Edison's state of mind before and during the underlying lawsuits.

In Re Grand Jury Subpoena Issued to Gerson S. Horn. United States of America v. Gerson S. Horn

976 F.2d 1314 · Court of Appeals for the Ninth Circuit · Nov 25, 1992

On its face, the quoted language clearly encompasses information protected by the attorney-client privilege. … Had the government made a reasonable effort to exclude clearly privileged documents from its request for information, Horn’s refusal to follow the established procedure for invoking the privilege would be the end of the matter

United States v. Jose Rafael Penagos

823 F.2d 346 · Court of Appeals for the Ninth Circuit · Jul 29, 1987

That Guarin, Gonzalez and defendant actually were under surveillance does not establish that defendant must have been looking for police. … Cloughessy drove two acquaintances who clearly were involved in a narcotics conspiracy to a hotel for negotiations with undercover Drug Enforcement Agents agents.

Vernon 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

Leon S. Kaplan v. County of Los Angeles

894 F.2d 1076 · Court of Appeals for the Ninth Circuit · Jan 23, 1990

The voter’s pamphlet clearly falls into the category of a limited public forum. … That finding is clearly supported by the record.

Joseph Anthony Padilla v. Cal A. Terhune

309 F.3d 614 · Court of Appeals for the Ninth Circuit · Oct 29, 2002

As the prevailing party, the state had no reason to argue that the statement was also trustworthy, separate and apart from qualifying as a statement against interest. … Rocha’s detailed testimony established the critical element of intent and was corroborated by Munoz.

Pacific Bell, a California Corporation, and United States of America, Intervenor v. Pac-West Telecomm, Inc. Public Utilities Commission of the State of California Richard A. Bilas, Commissioner of the Public Utilities Commission of the State of California in Their Official Capacity Henry M. Duque Joel Z. Hyatt Josiah Neeper Carl W. Wood, Commissioners of the Public Utilities Commission of the State of California in Their Official Capacities, Verizon California, Inc., and United States of America Rcn Telecommunications Services of California, Inc., Intervenors v. California Telecommunications Coalition, and at & T Communications of California Inc. Icg Telecom Group McImetro Access Transmission Services, Inc. Mfs Intelenet of California, Inc. Pac-West Telecom, Inc. Teleport Communications Group Inc. Winstar Telecommunication, Inc. California Public Utilities Commission Richard A. Bilas, President of the Public Utilities Commission of the State of California Joel Z. Hyatt Carl W. Wood, Commissioner of the Public Utilities Commission Henry M. Duque, Commissioner of the Public Utilities Commission Josiah L. Neeper, Commissioner of the Public Utilities Commission, Pacific Bell, a California Corporation, Worldcom, Inc., Intervenor-Appellee, and United States of America Rcn Telecommunications Services of California, Inc. At & T Communications of California Inc. Icg Telecom Group McImetro Access Transmission Services, Inc. Mfs Intelenet of California, Inc. Pac-West Telecom, Inc. Teleport Communications Group Inc. At & T Communications of California Inc. Winstar Wireless Incorporated, Intervenors v. California Public Utilities Commission Richard A. Bilas, President of the Public Utilities Commission of the State of California Joel Z. Hyatt Carl W. Wood, Commissioner of the Public Utilities Commission Henry M. Duque, Commissioner of the Public Utilities Commission Josiah L. Neeper, Commissioner of the Public Utilities Commission

325 F.3d 1114 · Court of Appeals for the Ninth Circuit · Apr 7, 2003

subject to interconnection agreements containing reciprocal compensation provisions are directed to make appropriate reciprocal payment called for in such agreements for the termination of ISP traffic which would otherwise qualify … Questions of Eleventh Amendment immunity are reviewed de novo, Demshki v. Monteith, 255 F.3d 986, 988 (9th Cir.2001), as are questions of subject matter jurisdiction, Wilson v. A.H.

United States v. Anthony Alexander Alvarez

960 F.2d 830 · Court of Appeals for the Ninth Circuit · Mar 31, 1992

establish that the conviction is a predicate conviction for enhancement purposes”); United States v. … A defendant is a “career” offender if he has committed two qualifying prior “crime[s] of violence” or “controlled substance offense[s].” U.S.S.G. § 4B1.1.

98 Cal. Daily Op. Serv. 3793, 98 Daily Journal D.A.R. 5235 Wolsey, Ltd., a Hong Kong Corporation v. Foodmaker, Inc., a Delaware Corporation Foodmaker International Franchising, Inc., a Delaware Corporation

144 F.3d 1205 · Court of Appeals for the Ninth Circuit · May 19, 1998

Harrison, 111 F.3d at 350 . 22 We are persuaded that, under the reasoning adopted by these courts, the dispute resolution procedures established by section 19 of the Development Agreement between Wolsey and Foodmaker qualify … than under rules established by the FAA.

In Re, Intl Nutronics, Inc.

28 F.3d 965 · Court of Appeals for the Ninth Circuit · Jun 27, 1994

Factors that we consider in determining whether successive suits involve the same cause of action are: 29 (1) whether rights or interests established in the prior judgment would be destroyed or impaired by prosecution of … Factors (1), (2) and (4) militate strongly in favor of preclusion, and factor (3) is at worst neutral. 4 The rights of Isomedix and RSI to their purchase at the agreed price would clearly be impaired or destroyed by a successful

Joel Levine v. United States District Court for the Central District of California, United States of America, Real Party in Interest

764 F.2d 590 · Court of Appeals for the Ninth Circuit · Aug 19, 1985

During the Ogorodnikovs’ trial, however, Miller testified in open court pursuant to a grant of limited immunity. 1 Levine and Green-berg will represent Miller in his jury trial before the district court. … The rule against third party standing is subject to several well-established exceptions. See id. Under the present procedural posture of this case, none of those exceptions apply.

Ja'vonce Warre, on Behalf of E.T. Iv, a Minor Child v. Commissioner of the Social Security Administration

439 F.3d 1001 · Court of Appeals for the Ninth Circuit · Feb 17, 2006

Although the ALJ did not cite the POMS, the medical expert who testified at the hearing did, and the ALJ clearly credited the expert's and the Commissioner's interpretation of the Listing. … IV because her income was consistently below the level necessary to qualify her for government assistance.

United States v. 186,416.00 in US

Court of Appeals for the Ninth Circuit · Jan 7, 2010

CURRENCY Motorcycle Serial # 4A25791H1, 508 F.2d 351, 351 (9th Cir. 1974) (per curiam) (“The mere fact of the illegal seizure, standing alone, does not immunize the goods from forfeiture.” … The LAPD would qualify to receive forfeited search. Id. at 505 n.7 (quoting Wong Sun, 371 U.S. at 486).

Metropolitan Life Insurance v. Parker

436 F.3d 1109 · Court of Appeals for the Ninth Circuit · Feb 1, 2006

We must determine whether one, neither, or the two designations read together establish a beneficiary cognizable under ERISA. … David’s children from a prior marriage argued that, by virtue of the divorce, Donna was dis- qualified by Washington law from receiving the proceeds.

Ordlock v. Cir

Court of Appeals for the Ninth Circuit · Jul 23, 2008

Sections 7121 and 7122 establish the finality of closing agreements and compro- mises entered into with the IRS. See §§ 7121 & 7122. … CONCLUSION [12] Nothing in § 6015 clearly preempts California commu- nity property law with respect to an innocent spouse’s entitle- ment to a refund for a community property payment on the non-innocent spouse’s federal

Balcorta v. Twentieth Century-Fox Film Corp.

208 F.3d 1102 · Court of Appeals for the Ninth Circuit · Apr 6, 2000

Clearly, § 301 does not grant the parties to a collective-bargaining agreement the ability to contract for what is illegal under state law.... … [I]t would be inconsistent with congressional intent under that section to preempt state rules that proscribe conduct, or establish rights and obligations, independent of a labor contract.

United States v. Sperow

Court of Appeals for the Ninth Circuit · Jul 25, 2007

Neither finding is clearly erroneous. Contrary to government counsel’s exaggerated assertion at oral argu- ment, Sperow did not “vanish[ ] from the face of the earth.” … [8] We disagree with the dissent’s implication that initial compliance with § 851(a)’s four procedural requirements makes the government’s notice to seek a sentence enhance- ment immune from challenge if later modified

Billy Smith v. Robert Corcoran

Court of Appeals for the Ninth Circuit · Mar 23, 2018

We review de novo both summary judgment and a defendant’s entitlement to qualified immunity. Hughes v. Kisela, 862 F.3d 775, 779 (9th Cir. 2016). We affirm. … P. 59(e) because they did not establish any grounds for relief. See SEC v.