Case law

Bibeau v. Pacific Northwest Research Foundation

339 F.3d 942 · Court of Appeals for the Ninth Circuit · Aug 5, 2003

The Discretionary Function Exception 7 The FTCA is a limited waiver of sovereign immunity, authorizing suit against the United States for tortious performance of governmental functions in limited cases. 28 U.S.C. §§ 1346 … participants was fair; and, ensuring that all participants were fully informed such that their consent was freely given. 10 With respect to all of the challenged actions, the first prong of the discretionary function test is clearly

Bozic v. U.S. Dist. Court for the S. Dist. of Cal.

888 F.3d 1048 · Court of Appeals for the Ninth Circuit · Apr 25, 2018

A mandamus petitioner bears the burden of establishing that "right to issuance of the writ is 'clear and indisputable.' " Cheney v. U.S. Dist. … Even putting aside whether the purchase of Lipozene by some fraction of putative class members might qualify as "a substantial part of the events"-and further that no members of Bozic's putative class have so far been identified-Defendants

Alfonso Padron v. City of Parlier

Court of Appeals for the Ninth Circuit · Aug 27, 2019

See Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011) (discussing qualified immunity and noting that a right is clearly established only if “every reasonable official would have understood that what he is doing violates that … The district court did not abuse its discretion by denying Padron’s motion for disqualification of the magistrate judge because Padron failed to establish extrajudicial bias or prejudice.

Director, Office of Workers' Compensation Programs, United States Department of Labor v. Campbell Industries, Inc.

678 F.2d 836 · Court of Appeals for the Ninth Circuit · Jun 4, 1982

An underlying condition which is not manifest to a prospective employer cannot qualify as a previous disability. United States Fidelity & Guaranty Co. v. O’Keeffe, 240 F.Supp. 816 (S.D.Fla.1962). … Shea, 254 F.Supp. 483 (S.D.Tex.1966), is clearly in point.” [Emphasis Added] *841 Dir., Office of W. C. Programs, U. S. Dept. of Labor, etc. v.

McElroy v. British America Assur. Co. of Toronto

94 F. 990 · Court of Appeals for the Ninth Circuit · May 8, 1899

Ct. 84, where the court say: “We have no disposition to overrule or qualify in any way the general and familiar doctrine enforced by this court in repeated decisions from the case of Hunt v. … Ct. 46, .that parol testimony is not admissible to vary, contradict, add to, or qualify the terms of a written instrument.

Stenson v. Lambert

504 F.3d 873 · Court of Appeals for the Ninth Circuit · Sep 24, 2007

A state court decision is contrary to clearly established federal law where the “state court arrives at a conclusion opposite to that reached by [the Supreme Court] on a question of law.” … We can find no clearly established Supreme Court precedent holding that this kind of disagreement amounts to an actual conflict of interest.

Smith v. City of Fontana

818 F.2d 1411 · Court of Appeals for the Ninth Circuit · Jan 6, 1987

Given its focus on these factors, the complaint clearly alleges that Mr. Smith’s substantive due process rights were violated and hence the estate pleads a valid due process claim under section 1983. B. … We therefore cannot find in their allegations a sufficiently credible threat of future injury to establish an Article III “case or controversy” under the guidelines established by the Supreme Court.

Raymon Velazquez v. National Presto Industries, a Foreign Corporation v. Day & Zimmerman, Inc., Raymon Velazquez v. National Presto Industries, a Foreign Corporation v. Day & Zimmerman, Inc.

884 F.2d 492 · Court of Appeals for the Ninth Circuit · Sep 6, 1989

A party who qualifies as a joint tortfeasor becomes entitled to a money judgment of contribution against the other joint tortfeasors only by discharging the common liability to the injured person or by paying more than a … Baima, 837 F.2d 380, 386 (9th Cir.1988) (describing the clearly erroneous standard). 17 Negotiations during the settlement conferences transpired under the district court's supervision.

Narvis G. Nonnette v. Larry Small R. Schelke E. Castro D. Johnson M.A. Corbin J. Builtman

316 F.3d 872 · Court of Appeals for the Ninth Circuit · Dec 26, 2002

Nonnette clearly has not waived this claim, and may pursue it on remand. … It argues only that Nonnette is still "in custody” while on parole, and thus qualifies for habeas relief.

United States v. Steven Dale Winsor

816 F.2d 1394 · Court of Appeals for the Ninth Circuit · Jul 27, 1987

It was also established that the police intended to enter the room even if no one answered. 4 We mention this fact because it may have contributed to the peremptoriness with which the officers spoke. … In addition, the district court held that the hotel manager’s consent immunized the police conduct from constitutional attack. This too was error. A hotel proprietor cannot waive his guests' Fourth Amendment rights.

Diamond v. Connolly

251 F. 234 · Court of Appeals for the Ninth Circuit · May 6, 1918

If tbe case made by the bill is clearly established by proof, it may be assumed that some state court, of superior jurisdiction and equity powers, and having before it all tbe parties interested, might afford tbe plaintiff … It somewhat more clearly presents the facts upon which plaintiffs rely.

Theme Promotions v. News America Marketing FSI

539 F.3d 1046 · Court of Appeals for the Ninth Circuit · Aug 20, 2008

Several factors are relevant in considering whether a plaintiff has established antitrust standing. The most important is whether the plaintiff has established an antitrust injury. Amarel v. … expert—also helped to establish causation.

United States v. Mary Dann and Carrie Dann

706 F.2d 919 · Court of Appeals for the Ninth Circuit · May 19, 1983

Indeed it may be that aboriginally held lands do not qualify as “unappropriated public lands,” in which case the executive is not entitled to grant homesteads from them. See Cramer v. … as one or a few such ranches are established.

National Wildlife Federation v. United States Forest Service

861 F.2d 1114 · Court of Appeals for the Ninth Circuit · Nov 14, 1988

Documents need not themselves be "deliberative," in the sense that they make nonbinding recommendations on law or policy, in order to qualify for the deliberative process privilege. … Indeed, as the Senate Committee Report explains, FOIA's purpose is "to establish a general philosophy of full agency disclosure unless information is exempted under clearly delineated statutory language...." S.Rep.

Washington State Republican Party v. Washington State Grange

676 F.3d 784 · Court of Appeals for the Ninth Circuit · Jan 19, 2012

Such statements do not establish that members of the media or elected officials are confused about these candidates’ party affiliations, however. … qualify for a general election ballot by filing a required number of petition signatures.

In Re Badger Mountain Irrigation District, Debtor. Badger Mountain Irrigation District Secured Bondholders' Committee v. Badger Mountain Irrigation District, Badger Mountain Irrigation District Secured Bondholders' Committee v. Badger Mountain Irrigation District

885 F.2d 606 · Court of Appeals for the Ninth Circuit · Dec 6, 1989

The Bondholders argue that the District's power to levy and collect assessments from landowners within the District constitutes an equitable servitude, and thus qualifies as "property" within the meaning of section 87.03.215 … This repeal clearly followed the filing of the suit and those events upon which the suit is based. Although the district court relied on this provision in its opinion, the parties do not cite it on appeal.

Joel Zellmer v. Dow Constantine

520 F. App'x 564 · Court of Appeals for the Ninth Circuit · May 22, 2013

Bryant, 502 U.S. 224, 229 (1991) (per curiam) (“The qualified immunity standard gives ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the law.” … County of Los Angeles, 477 F.3d 652, 667 (9th Cir. 2007) (plaintiff is “required to establish that the County had a deliberate policy, custom, or practice that was the ‘moving force’ behind the constitutional violation

C. F. Lytle Co. v. Hansen & Rowland, Inc.

151 F.2d 573 · Court of Appeals for the Ninth Circuit · Oct 31, 1945

Alaska Highway — qualified at least to the extent of narrowing it at least to Alaska Highway employees. … It is conceded by appellee that the payrolls did cover work done outside the 155-mile limits, and the evidence shows clearly that this work was not in fact done in connection with the covered work, but rather as a war-required

Mitchell Thomas Blazak, Petitioner-Appellee-Cross-Appellant v. James R. Ricketts, Donald Wawrzaszek, Respondents-Appellants-Cross-Appellees

971 F.2d 1408 · Court of Appeals for the Ninth Circuit · Aug 4, 1992

Kemp, 758 F.2d 523 (11th Cir.), cert. denied, 474 U.S. 998 , 106 S.Ct. 374 , 88 L.Ed.2d 367 (1985), now clearly undermined by Clisby . … Pease received complete immunity from prosecution in exchange for his testimony in this case. c.

Flores ex rel. Galvez-Maldonado v. Meese

934 F.2d 991 · Court of Appeals for the Ninth Circuit · Jun 20, 1990

These features establish a rational relationship to the goal of ensuring future appearance. … Hardwick clearly demonstrates that, in the area of substantive due process, the list of "fundamental rights” is to be construed narrowly.