Case law

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.

Kate Adams v. County of Sacramento

116 F.4th 1004 · Court of Appeals for the Ninth Circuit · Sep 9, 2024

COUNTY OF SACRAMENTO government employees, we employ the familiar test established in Pickering. … Precedent firmly establishes that speech need not involve whistleblowing to touch on matters of public concern. Take  ADAMS V.

McCarthy ex rel. Thompson v. United States

870 F.2d 1499 · Court of Appeals for the Ninth Circuit · Mar 28, 1989

It is true that the government presented to the court an impressive group of qualified experts, each of whom generally substantiated the government’s different view of Kyile’s needs and potential. … But, after reviewing the entire relevant record, we are not persuaded that the findings of the trial court in this regard were clearly erroneous.

Wong Hai Sing v. Nagle

47 F.2d 1021 · Court of Appeals for the Ninth Circuit · Mar 9, 1931

of Special Inquiry was convened by the Commissioner of Immigration for the Port of San Francisco to hear and determine the application, and as a result of the hearing the Board found that the evidence submitted failed to establish … In eases of this character, the Immigration Service has the power to find facts, and the orders based on their findings must be accepted by the courts, unless it be clearly shown that there was a denial of a fair hearing,

The Association Of Mexicanamerican Educators v. State Of California

183 F.3d 1055 · Court of Appeals for the Ninth Circuit · Jul 12, 1999

In determining whether something qualifies as an "other school system " within the meaning of S 2000d-4a(2)(B), we do not simply ask whether it calls itself a "school system." … This court has held that given this relationship, school districts enjoy the State's immunity under the Eleventh Amendment.

Evelyn Bodett, Wife David Bodett, Husband v. Coxcom, Inc., a Delaware Corporation

366 F.3d 736 · Court of Appeals for the Ninth Circuit · Apr 26, 2004

A discrimination complainant must first establish a prima facie case of disparate treatment. … McDonnell Douglas outlined one method of establishing such a case based on certain forms of commonly available circumstantial evidence, 411 U.S. at 802 , 93 S.Ct. 1817 , but the specific method for appropriately establishing

Sali ex rel. Themselves v. Corona Reg'l Med. Ctr.

909 F.3d 996 · Court of Appeals for the Ninth Circuit · May 3, 2018

Hence, the proof required to establish standing varies at the complaint, summary judgment and trial phases. Id. … But the district court clearly misapplied California law in reaching that conclusion.

Derwin Jackson v. W. Sullivan

Court of Appeals for the Ninth Circuit · Apr 12, 2017

It was clearly established in 2004 that exercise restrictions lasting longer than six weeks ordinarily give rise to Eighth Amendment liability. See Lopez, 203 F.3d at 1133; Allen v. … We therefore hold, regarding Jackson’s Eighth Amendment claim, that Meadors and Cobbs are not entitled to summary judgment on the basis of qualified immunity.

David Evans v. Shoshone-Bannock Land Use Poli

Court of Appeals for the Ninth Circuit · Dec 5, 2013

To the extent the district court concluded otherwise, its findings are clearly erroneous. See Turtle Island Restoration Network v. U.S. … The Tribes also assert that these Defendants are immune from suit. But “tribal sovereign immunity does not bar a suit for prospective relief against tribal officers allegedly acting in violation of federal law.”

Farmers & Merchants State Bank, an Idaho Banking Corporation v. Western Bank, an Oregon Banking Corporation

841 F.2d 1433 · Court of Appeals for the Ninth Circuit · Jan 11, 1988

With exceptions not pertinent here, § 3-305(2) immunizes a holder in due course from “all defenses of any party to the instrument with whom the holder has not dealt.” 22 One who lacks holder-in-due-course status takes an … We conclude that the district court clearly erred in concentrating on Western’s conduct to the exclusion of the numerous facts in the record that, in their totality, convincingly establish that F & M did not carry its burden

LASSANA MAGASSA V. ALEJANDRO MAYORKAS

Court of Appeals for the Ninth Circuit · Nov 9, 2022

Qualifying orders (1) are supported by a “reviewable administrative record,” (2) are a “definitive statement of the agency’s position,” (3) have a “direct and immediate effect on the day-to-day business of the party asserting … Neither were other circuits immune. See, e.g., Sima Prods. Corp. v.

Edwards v. Heckler

789 F.2d 659 · Court of Appeals for the Ninth Circuit · May 13, 1986

Sec. 2412 (b) because plaintiffs fail to qualify for application of the common benefit doctrine. We reverse the award of fees under 28 U.S.C. … Sec. 411 (a)(5)(A) involved the nature of the agreement necessary to establish a partnership.

Randy Bailey v. Maxwell

393 F. App'x 462 · Court of Appeals for the Ninth Circuit · Aug 26, 2010

The district court properly concluded that Defendants are entitled qualified immunity because Bailey’s right to due process before assignment to the Security Maximum Unit was not clearly established at the time he was in

Lawrence 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

National Labor Relations Board v. Transcontinental Theaters, Inc.

568 F.2d 125 · Court of Appeals for the Ninth Circuit · Jan 12, 1978

costs, a factor of which was the wages and manning requirements of the collective bargaining agreements, and that in deciding to sublease the theater to Cynatron the respondent considered the fact that the partners were qualified … Instead, the record as a whole clearly indicates that Cynatron was an independent contractor whose control over labor and labor policies was completely separate from that of respondent.

Los Angeles County Bar Ass'n v. Eu

979 F.2d 697 · Court of Appeals for the Ninth Circuit · Oct 30, 1992

the issue to a coordinate political department; or [2] a la,ck of judicially discoverable and manageable standards for resolving it; or [3] the impossibility of deciding without an initial policy determination of a kind clearly … Eu and Wilson also claim Eleventh Amendment immunity on the basis of an alleged lack of connection with enforcement of the challenged statute.

United States v. Laron Kevin Kortgaard

425 F.3d 602 · Court of Appeals for the Ninth Circuit · Sep 21, 2005

The Court clearly stated in Booker : “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must … U.S.S.G. § 4A1.3. 3 Uncounted prior offenses are clearly part of the inquiry under § 4A1.3, but that is only where the inquiry begins, not where it ends.

John Colwell v. Robert Bannister

Court of Appeals for the Ninth Circuit · Aug 14, 2014

Colwell is one of the 20.5 million Americans over the age of 40 who suffer from cataracts.1 Like many others who have 5 We express no opinion regarding whether the defendants are entitled to qualified immunity on … Runnels, 594 F.3d 666, 672 (9th Cir. 2010) (“Here, we do not reach qualified immunity because the issue has never been addressed by the district court.”); Schneider v.

US Ex Rel. Geraldine Godecke v. Kinetic Concepts, Inc.

937 F.3d 1201 · Court of Appeals for the Ninth Circuit · Sep 6, 2019

Medicare accepts claims as submitted by providers as being a true representation that the claim either qualifies for reimbursement or does not qualify and automatically pays those claims represented as qualifying. … Although it is true that a fifteen year old memory is less reliable than a more recent one, Duffy’s memories clearly allege a false  GODECKE EX REL. UNITED STATES V.

John Doe 1 v. Donald Trump

984 F.3d 848 · Court of Appeals for the Ninth Circuit · Dec 31, 2020

The Proclamation also establishes certain periodic review procedures. … Moreover, the Proclamation does not qualify as a suspension, as the statute requires.