Case law

United States v. State of Washington

Court of Appeals for the Ninth Circuit · Mar 2, 2017

Specifically, the panel held that Washington’s cross-request for an injunction did not qualify as a claim for recoupment. … Washington’s cross-request for an injunction thus does not qualify as a claim for recoupment and is barred by sovereign immunity.  UNITED STATES V.

In Re Goldsbury

57 F.3d 1077 · Court of Appeals for the Ninth Circuit · Jun 27, 1995

Further, the conclusion that the accounting would be complicated qualifies as a factual finding of the court even though it is not included in the written findings, as it "is consistent with the court's formal findings and … The Mays' judgment was clearly a partnership liability, as were the Foster Pepper legal fees, and was part of the general partnership account.

Renderos v. Ryan

Court of Appeals for the Ninth Circuit · Nov 7, 2006

[6] Therefore, we cannot conclude that the Court of Appeal misapplied clearly established Supreme Court precedent. B. … Thus, the California Court of Appeal’s denial of relief was neither contrary to, nor an unreasonable application of, clearly established Supreme Court precedent in holding that CAL. PEN.

United States v. Jennings

Court of Appeals for the Ninth Circuit · Mar 1, 2006

JENNINGS As a preliminary matter, to determine the proper standard of review we must establish the correct characterization of the district court’s decision on the applicability of the threat-of- death enhancement. … He offers no reason why the threat-of-death enhancement must offer a “line of demar- cation” when the financial institution enhancement clearly does not.

Hunt-Wesson Foods, Inc. v. Ragu Foods, Inc. And Chesebrough-Pond's, Inc.

627 F.2d 919 · Court of Appeals for the Ninth Circuit · Sep 29, 1980

Such clearly exclusionary behavior, even though it poses no immediate measurable danger to the market, presents the potential for mischief. … Kiernan made detailed statements, based on his personal knowledge and supported by documentary evidence, explaining that the introductory discounts were equally available to any qualified purchaser in any market.

Finley v. National Endowment for the Arts

100 F.3d 671 · Court of Appeals for the Ninth Circuit · Nov 5, 1996

The district court’s analysis is full and cogent, and we need not repeat it here. 20 Similarly, Congress has clearly indicated the NEA’s purpose is to support a diverse array of artistic expression. … As the Court noted in Rosenberger, the scarcity of a government benefit does not render it immune from constitutional limitations. See Rosenberger v.

Stewart Lamle v. City of Santa Monica

498 F. App'x 738 · Court of Appeals for the Ninth Circuit · Nov 20, 2012

The district court did not abuse its discretion in denying Lamle’s motion for a continuance of summary judgment so he could conduct further discovery because Lamle failed to establish how additional discovery would have … Arguments not expressly raised or supported by argument are deemed waived, including challenges to the dismissal of claims on the basis of qualified immunity or for failure to allege facts necessary to impose municipal

Bruce M. And Dorothy v. Cady v. Rogers C. B. Morton, Secretary of the Department of Interior

527 F.2d 786 · Court of Appeals for the Ninth Circuit · Jun 19, 1975

To succeed in their first claim the appellants must not only establish their standing to sue and surmount the defense of laches but also establish that the approval by the Secretary of Interior of coal leases covering 30,876 … Clearly appellant Dobson alleges he is among those injured in fact. This provides him with sufficient standing to maintain this action and to deprive it of mootness in its entirety.

United States v. George I. Benny

786 F.2d 1410 · Court of Appeals for the Ninth Circuit · Apr 15, 1986

Since the district court’s findings are not clearly erroneous, the court’s ruling is affirmed. VII. … The district court did not clearly err in denying Benny’s motion below. X.

Loretta J. Brokeshoulder SCHWARZ, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellee

73 F.3d 895 · Court of Appeals for the Ninth Circuit · Dec 22, 1995

Bowman-Ryan, improperly qualified and then selected Bowman-Ryan’s husband instead of Schwarz for the position of IHS Phoenix Area Financial Manager. … A district court’s fee award does not constitute an abuse of discretion unless it “is based on an inaccurate view of the law or a clearly erroneous finding of fact.” Corder v.

Grisham v. Philip Morris U.S.A.

403 F.3d 631 · Court of Appeals for the Ninth Circuit · Mar 28, 2005

With respect to the immunity statute, we found it telling that in Naegele v. R.J. … court decisions have routinely relied on our decision in Soliman to dismiss tobacco lawsuits with claims similar to those made by Cannata and Grisham,12 Cali- fornia state courts in at least one other case have just as clearly

Unioil, Inc. v. E.F. Hutton & Co.

809 F.2d 548 · Court of Appeals for the Ninth Circuit · Oct 15, 1986

factual determinations of the district court under a clearly erroneous standard. … Under these circumstances, Alioto had a duty to take reasonable steps to ensure that the class claims were represented by a plaintiff independent of Unioil management and otherwise qualified under rule 23(a).

Bert Strand, Sheriff of San Diego County, State of California v. William Schmittroth

233 F.2d 598 · Court of Appeals for the Ninth Circuit · May 3, 1956

Since here the federal court has clearly expressed disapproval of the California court's action, we need not discuss any theories of assumed consent. Hebert v. … The Supreme Court held that the federal attorney-general or his representative was qualified to consent that a federal prisoner be taken before the state court for trial.

Donn Vonderahe and Barbara Vonderahe v. Roy H. Howland

508 F.2d 364 · Court of Appeals for the Ninth Circuit · Feb 18, 1975

“In short, the government takes the position that once the validity of a search is established under the Fourth Amendment — and by that fact alone —the Fifth Amendment is not and cannot be violated.” 445 F.2d at 146 . … The objects seized in Hayden were trousers, a jacket and a cap, items previously immune from seizure under Gouled .

DeGrassi v. City of Glendora

207 F.3d 636 · Court of Appeals for the Ninth Circuit · Mar 20, 2000

That decision eliminated the defense of sovereign immunity in tort actions against the State and other public entities. See id. at 213-214 , 11 Cal.Rptr. at 90 , 359 P.2d at 458 . … To that end, the Legislature provided a qualified right to indemnity- The Legislature did not grant public employees the right to control a defense provided by a public entity.

United States v. David Leon Bradshaw

690 F.2d 704 · Court of Appeals for the Ninth Circuit · Oct 19, 1982

Domingo’s testimony had already established that Bradshaw planned to leave the state with Cory. The trial judge’s interrogation of Mrs. … So viewed, the trial court’s questions were clearly directed at the issue of the boy’s consent and at the passivity of the witness.

Fernandez v. Brock

840 F.2d 622 · Court of Appeals for the Ninth Circuit · May 23, 1988

If Kawahara does so choose and does implement a plan with a lower standard, the farmworkers may be able to qualify as participants in the plan. … The word "shall" appears in each of the three sections, including the clearly discretionary section 1052(a)(3)(B).

Mario Gonzalez-Rivera v. Immigration & Naturalization Service

22 F.3d 1441 · Court of Appeals for the Ninth Circuit · Apr 28, 1994

CHOY, Circuit Judge, dissenting in part: The majority rejects the INS’ claim that Gonzalez failed to establish a prima facie violation of the Fourth Amendment under United States v. … Not clearly proceeding under the rubric of either prong, my colleagues then equate egregiousness with bad faith transgressions of the Fourth Amendment whose fruits would impermissibly compromise judicial integrity upon their

Mattel, Inc. v. MCA Records, Inc.

296 F.3d 894 · Court of Appeals for the Ninth Circuit · Jul 24, 2002

Barbie easily qualifies under the FTDA as a famous and distinctive mark, and reached this status long before MCA began to market the Barbie Girl song. … The first two exemptions clearly do not apply; only the exemption for noncommercial use need detain us.

Melloni v. Massanari

98 F. App'x 659 · Court of Appeals for the Ninth Circuit · May 19, 2004

In order to qualify for Title II benefits, Mr. Melloni must show that he became disabled, as defined by the Act, before the date on which his insured status expired, December 31, 1991. See Flaten v. … Barrantes’s credibility was undermined by his January 30, 1999 letter, which the ALJ noted “clearly indicates the doctor is acting as an advocate for his patient.”