Case law
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728 F.3d 1134 · Court of Appeals for the Ninth Circuit · Sep 6, 2013
They also emphasized that Tapley was qualified to operate certain equipment, though he did so only once, on a failed dispatch to operate a backhoe. … We are unable to see how any sensible application of the skills and duties test to the established facts can support the Trustees’ conclusion.
Cited 41 timesPublished370 F.3d 869 · Court of Appeals for the Ninth Circuit · Jun 1, 2004
term *872 “totally disabled” means “unable to perform all the normal duties of your regular occupation” for the first 18 months and “completely unable to engage in any occupation or employment for which you are or become qualified … held that a decision “grounded on any reasonable basis” is not arbitrary or capricious, 19 and that in order to be subject to reversal, an administrator’s factual findings that a claimant is not totally disabled must be “clearly
Overruled on other grounds by Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955 (2006)Cited 158 timesPublished632 F.3d 623 · Court of Appeals for the Ninth Circuit · Mar 25, 2011
He also seeks review of the BIA’s determination that he does not qualify for a grant of protection under the Convention Against Torture (“CAT”) based on his fear of being mistreated upon returning to Palestine as a consequence … HOLDER III An applicant for admission in a removal proceeding carries the burden to establish that he “is clearly and beyond a doubt entitled to be admitted and is not inadmissible under
Cited 1 timesPublishedWarre v. Commissioner of Social Security Adm
Court of Appeals for the Ninth Circuit · Feb 16, 2006
Based on the Plaintiff’s established income qualifi- cation for SSI, and the lack of facts refuting that qualification, we can only conclude that the Plaintiff cannot independently afford her son’s expensive medication and … Indeed, firmly-established precedent 1776 WARRE v.
Cited 0 timesPublished668 F.2d 1014 · Court of Appeals for the Ninth Circuit · Feb 10, 1982
In Hanson , therefore, we established the general test for predatory pricing- — the marginal cost rule. … This would clearly be consistent with the marginal cost rule.
Cited 350 timesPublished777 F.2d 465 · Court of Appeals for the Ninth Circuit · Nov 26, 1985
Having disposed of the Section 12(1) claim on limitations grounds, we need not reach the substance of Toombs’s claim— that because there was insufficient evidence to show that CFO’s offering was private, it did not qualify … He failed to adduce adequate evidence to establish negligent mismanagement, breach of fiduciary duty, or breach of contract. A.
Cited 71 timesPublishedGene Southerland v. International Longshoremen's and Warehousemen's Union, Local 8, Defendant
834 F.2d 790 · Court of Appeals for the Ninth Circuit · Dec 15, 1987
The district court found that the union had violated plaintiff’s due process rights, but held that plaintiff had failed to establish any compensable injury. … We review a finding of “valuable service” under the “clearly erroneous” standard.
Cited 6 timesPublishedBrianna Bolden-Hardge v. California State Controller
63 F.4th 1215 · Court of Appeals for the Ninth Circuit · Apr 3, 2023
It is clear that she can seek damages from the Controller’s Office on her Title VII claims because that statute abrogates states’ sovereign immunity. See Fitzpatrick v. Bitzer, 427 U.S. 445, 453 n.9 (1976). … Douds, 339 U.S. 382, 415 (1950) (“Clearly the Constitution permits the requirement of [loyalty] oaths . . . .
Cited 141 timesPublishedWolfe v. Jacobson (In Re Jacobson)
676 F.3d 1193 · Court of Appeals for the Ninth Circuit · Apr 23, 2012
Myrna claimed the Kensington property was her principal residence and therefore qualified for a homestead exemption from creditors’ claims under California law. See Cal. Civ. Proc. Code § 704.720. … The bankruptcy court found that documentary evidence established a pre- sumption under California law that Donald was the sole owner.
Cited 111 timesPublishedSalmon River Concerned Citizens v. Robertson
32 F.3d 1346 · Court of Appeals for the Ninth Circuit · Jul 5, 1994
The party invoking federal jurisdiction bears the burden of establishing these elements. … Furthermore, “an agency must have discretion to rely on the reasonable opinions of its own qualified experts even if ... a court might find contrary views more persuasive.”
Cited 85 timesPublishedWeidenfeld v. Correctional Medical Services of St. Louis
34 F. App'x 325 · Court of Appeals for the Ninth Circuit · Apr 23, 2002
Weidenfeld believed that, given her experience, she was qualified to treat inmate Hall on her own, but her actions were contrary to those dictated by the treating physician and EMSA’s policies. … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. [She] must have more than a unilateral expectation of it.” Hyland v.
Cited 0 timesPublishedHudson Waterways Corporation v. William J. Schneider
365 F.2d 1012 · Court of Appeals for the Ninth Circuit · Aug 25, 1966
Schneider was qualified to undertake the repair of an air compressor of this type. In obedience to these orders, Mr. … We cannot say that the court’s finding was clearly erroneous. Appellant contends that Schneider is barred from any recovery because he breached the “primary duty rule” established by Walker v. Lykes Bros.
Cited 14 timesPublishedAnonymous Online Speakers v. United States District Court
661 F.3d 1168 · Court of Appeals for the Ninth Circuit · Jan 7, 2011
Because neither party has established that it is entitled to the extraordinary remedy of mandamus, we deny both petitions. … Quixtar’s cross-petition lacks even a citation to our opinion in Bauman, which established the factors we consider to evaluate a writ of mandamus.
Cited 44 timesPublishedChudacoff v. UNIV. MED. CENTER OF SOUTHERN NEVADA
649 F.3d 1143 · Court of Appeals for the Ninth Circuit · Jun 9, 2011
Negligence Per Se Chudacoff is under the mistaken impression that violation of his due process rights, without more, establishes negligence per se as a matter of Nevada law. … HCQIA Immunity Defendants cross-appeal from that part of the April Order determining defendants are not entitled to immunity under the HCQIA for failure to comply with its statutory requirements.
Cited 0 timesUnpublished259 F.3d 996 · Court of Appeals for the Ninth Circuit · Aug 6, 2001
Clearly, if the Ordinance had directly mandated that Clark close his business, he would have standing to request injunctive relief. … The location of such box(es) or receptacle(s) shall be in the vicinity of the cash register or counter where payments are made for services provided in the establishment, and shall be clearly visible to the manager of the
Cited 179 timesPublished605 F.2d 455 · Court of Appeals for the Ninth Circuit · Sep 24, 1979
There the Court held that a Title VII plaintiff may establish a prima facie case of discrimination by showing: 8 "(i) that he belongs to a . . . minority; (ii) that he applied and was qualified for a job for which the employer … She argues that she may establish a prima facie case of disparate treatment under McDonnell Douglas by showing: 15 "(i) that plaintiff belongs to a . . . minority, (ii) that he was qualified for promotion and might have reasonably
Cited 0 timesPublishedKristen Silloway v. City and County of San Francisco
117 F.4th 1070 · Court of Appeals for the Ninth Circuit · Sep 11, 2024
OF SAN FRANCISCO 35 employer has a clearly communicated policy permitting or prohibiting improper deductions” (emphasis added)). … [of] a pay system established by statute, ordinance or regulation, or by a policy or practice established pursuant to principles of public accountability, under which the employee accrues personal leave . . . and which requires
Cited 10 timesPublishedUnited States v. Oscar Ordonez, German Hernandez Garcia, AKA Jaime Rivera
737 F.2d 793 · Court of Appeals for the Ninth Circuit · Jul 11, 1984
The use of this evidence clearly violated the first prong of the test set forth in Ohio v. Roberts. … These facts must be shown by the testimony of the custodian or other qualified witness.
Cited 119 timesPublishedCourt of Appeals for the Ninth Circuit · Apr 21, 2009
As we discussed above, for example, Section 1089 could, on its face, be interpreted to require each STO to provide scholarships for use at any qualified private school, religious or secular. … constitutional distinction between the individual, taxpayer choice provided under Section 1089 and the parental choice upheld in Zelman.18 Section 1089, as claimed to operate in practice, is not a program of true private choice, immune
Cited 0 timesPublishedCharles Kreck v. James Spalding
721 F.2d 1229 · Court of Appeals for the Ninth Circuit · Dec 13, 1983
There are no facts in the record which establish exhaustion. … No other evidence established the cause of death.
Cited 21 timesPublished
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