Case law

Jack W. Friend v. Ronald Kolodzieczak

72 F.3d 1386 · Court of Appeals for the Ninth Circuit · Dec 21, 1995

The record establishes that without this action defendants would not have developed the policy ultimately adopted in this case. … Friend, 992 F.2d at 243 At any rate, Farrar clearly does not affect this court's original determination, affirmed by the Ninth Circuit, that plaintiffs prevailed in this case.

Kent Anderson v. Donald Hodel, Secretary of the Interior

899 F.2d 766 · Court of Appeals for the Ninth Circuit · Apr 17, 1990

that recruitment and retention of qualified employees would be hampered if wages were based on a regular wage schedule. … Clearly, Anderson did not have a meaningful administrative remedy.

Harold Harden v. Monninghoff

703 F. App'x 522 · Court of Appeals for the Ninth Circuit · Nov 20, 2017

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

United States ex rel. Hopper v. Anton

91 F.3d 1261 · Court of Appeals for the Ninth Circuit · Jul 31, 1996

Rather, the record quite clearly shows Hopper was merely attempting to get the School District to comply with Federal and State regulations. … However, if that teacher is unavailable, a special education teacher qualified to teach the student may substitute. Id. .

William A. McConnell Plaintiff-Appellant/cross-Appellee v. Meba Medical and Benefits Plan, Defendant-Appellee/cross-Appellant

759 F.2d 1401 · Court of Appeals for the Ninth Circuit · May 7, 1985

of the District 2 Plan provides: The eligibility of an employee (for benefits) shall terminate on the earliest of the following dates: (d) the date the employee becomes eligible for benefits under any other welfare plan established … a member of any MEBA District who has insufficient days of employment for eligibility in any one of the aforesaid Plans the following rule shall apply: If he has sufficient days of covered employment under all Plans to qualify

United States v. Brooks

610 F.3d 1186 · Court of Appeals for the Ninth Circuit · Jul 8, 2010

Fields challenges the district court’s failure to grant use immunity to a witness who wished to testify at his sentencing hearing. … [18] The district court’s conclusion that Fields exercised undue influence over the victims was not clearly erroneous.

Vista Hill Foundation, Inc. v. Heckler

767 F.2d 556 · Court of Appeals for the Ninth Circuit · Jul 29, 1985

Moore is not a qualified expert. Nor did she present any experts of her own. … The weight of the evidence clearly established that educational services are customarily provided as a part of the treatment regimen for children suffering from psychiatric disorders.

Winn v. Garriott

Court 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

Warre 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.

Ervin B. Madden v. Itt Long Term Disability Plan for Salaried Employees Federal Electric Corporation

914 F.2d 1279 · Court of Appeals for the Ninth Circuit · Sep 17, 1990

After the first year, total disability means you are unable to engage in any occupation for which you are qualified, based on your training, education, or experience. (emphasis in original). … Under ERISA “[ejvery employee benefit plan shall be established and maintained pursuant to a written instrument.

Securities and Exchange Commission, Henry C. Yuen Elsie M. Leung, Intervenors-Appellants v. Gemstar-Tv Guide International, Inc.

367 F.3d 1087 · Court of Appeals for the Ninth Circuit · May 12, 2004

The district court did not address whether the restructuring payments qualified as “extraordinary payments” under section 1103. … The district court abuses its discretion when it applies incorrect legal standards or makes clearly erroneous findings of fact. Id. at 1003 .

Charles 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.

Gene 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.

Hawaiian Telephone Company v. Public Utilities Commission Of State Of Hawaii

827 F.2d 1264 · Court of Appeals for the Ninth Circuit · Sep 11, 1987

The causes of action are clearly not the same, and res judicata cannot apply. See Commissioner v. … The PUC clearly has supreme authority with regard to intrastate ratemaking; but the PUC is not entitled to define boundaries of its intrastate sphere that are different from those established by the valid FCC order.

Lamadrid v. Hegstrom

830 F.2d 1524 · Court of Appeals for the Ninth Circuit · Oct 26, 1987

Life insurance proceeds are similarly a gain in well-being and, therefore, qualify as income for purposes of the AFDC. … Thus these awards qualify as income.

Robert Nolen Briggs v. United States

397 F.2d 370 · Court of Appeals for the Ninth Circuit · Jun 26, 1968

But the regulations clearly required that appellant be given a physical inspection and that he be rejected if found unfit. Not all procedural irregularities vitiate an order to step forward for induction. … Prejudice to the registrant from failure to observe regulations must be established. United States ex rel. Lipsitz v.

Hudson 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.

Anthony Herbert v. Caryn Vertucci

621 F. App'x 371 · Court of Appeals for the Ninth Circuit · Aug 3, 2015

Baca, 652 F.3d 1202, 1207-08 (9th Cir. 2011) (requirements for establishing supervisory liability). … We express no opinion on whether Vertucci is entitled to qualified immunity on this claim. Each party shall bear its own costs on appeal.

Pagayon v. Holder

642 F.3d 1226 · Court of Appeals for the Ninth Circuit · Jun 24, 2011

The abstract of judgment established the crime of conviction, while the information established that the drug charge was for possession of methamphetamine. … Coupled with Pagayon’s admission, the record of conviction clearly, convincingly and unequivocally shows that Pagayon was convicted of a controlled substance offense. 2 The government met its burden of establishing removability

Schwab v. Commissioner

715 F.3d 1169 · Court of Appeals for the Ninth Circuit · Apr 24, 2013

Section 402(a) prescribes the tax treatment of qualified (rather than nonqualified) benefit plans. … Clearly, any rational person would be willing to pay more for a contract that pays out $32,576 in 24 days than a contract that pays out nothing.