Case law

Heinze v. Butte & Boston Consolidated Min. Co.

126 F. 1 · Court of Appeals for the Ninth Circuit · Nov 2, 1903

He is clearly estopped from so doing.” Citing Bigelow on Estoppel (5th Ed.) § 687. … The findings of fact of the trial court will not be disturbed unless the appellate court can clearly see that they are opposed to the weight of the evidence, or unless some error is clearly shown. Lilienthal v.

Schuman v. United States

208 F.2d 801 · Court of Appeals for the Ninth Circuit · Jan 21, 1954

However, it does not follow that no member of such a sect may qualify as a minister. … The Selective Service file does not show the exact position of a “company servant” in the hierarchy of the sect, but since the uncontroverted evidence clearly supports Schuman’s claim that he is a minister, we do not need

Vizcaino v. United States District Court for the Western District of Washington

173 F.3d 713 · Court of Appeals for the Ninth Circuit · May 12, 1999

Their right to participate being clearly established, we also see no reason why those workers in this group who are currently *723 employed by Microsoft should not now participate on an ongoing basis in the ESPP, and entry … This control establishes an employer-employee relationship.” Vizcaino I, 97 F.3d at 1190 n. 2.

John Fordley v. Joe Lizarraga

18 F.4th 344 · Court of Appeals for the Ninth Circuit · Nov 10, 2021

The record clearly establishes the following timeline for Fordley’s March, May, and June 2016 administrative grievances, including the specific claims in each of those grievances. 1. March 2016 Grievance. … Op. 26, the history of Fordley’s grievances and the appeals process clearly establishes that it did not do so and that it did not take any action to improperly screen Fordley’s claims.

National Basketball Ass'n v. SDC Basketball Club, Inc.

815 F.2d 562 · Court of Appeals for the Ninth Circuit · Apr 21, 1987

The Raiders I panel found that the National .Football League (NFL) was not immune from the antitrust laws as a single business entity. 726 F.2d at 1387-90. … The issue in this case is clearly not identical to that in Raiders. It is not clear which party, if any, broke the *570 duty of good faith and fair dealing.

Sherman v. Securities & Exchange Commission

658 F.3d 993 · Court of Appeals for the Ninth Circuit · Sep 19, 2011

The plain language of the statute alone does not clearly resolve the interpretive question before us. … We review the bankruptcy court’s conclusions of law de novo, but defer to its factual findings unless they are clearly erroneous. Id. .

Merrick v. Farmers Insurance Group

892 F.2d 1434 · Court of Appeals for the Ninth Circuit · Jan 3, 1990

Clearly, Raney documented his reasons in response to Merrick's discrimination suit. But, as the district court noted this is not unusual. … When the after-the-fact reasons are excised, sufficient reasons remain which justify Raney's decision to promote Schienost instead of Merrick. 22 Finally, we reach Merrick's primary argument, that he was better qualified

Canseco v. Construction Laborers Pension Trust

93 F.3d 600 · Court of Appeals for the Ninth Circuit · Aug 20, 1996

The notice informed Can-seco that he might qualify for pension benefits because CLPT records indicated that he had attained between 10 and 15 years of service. … The district court held that the Trustees’ interpretation did not “clearly conflict with the plain language of the plan” and therefore was not “arbitrary and capricious.”

James McDermott v. Ampersand Publishing, LLC

Court of Appeals for the Ninth Circuit · Jan 26, 2010

These find- ings of fact are not clearly erroneous and are supported by the record. See supra at 1453-55. … The factual findings on which its decision rests are not clearly erroneous.

Dolores DONINGER Et Al., Appellants, v. PACIFIC NORTHWEST BELL, INC., Appellee

564 F.2d 1304 · Court of Appeals for the Ninth Circuit · Nov 25, 1977

other three 4 PNB establishments. … The requirements of section (a) must be met before an action is eligible to qualify for consideration under any of the provisions of section (b).

Mountain Copper Co. v. United States

142 F. 625 · Court of Appeals for the Ninth Circuit · Feb 26, 1906

A large extent of country around on the higher ridges of the valley that had previously been immune then became attacked. … If the fact of an actionable nuisance is clearly established, then the court is bound to consider whether a greater injury will not be done by granting an injunction, and thus destroying a citizen’s property and taking away

Sharon D. Kantor, Robert E. Kantor v. Commissioner of Internal Revenue

998 F.2d 1514 · Court of Appeals for the Ninth Circuit · Jul 20, 1993

In order to qualify for the section 174 deduction, a taxpayer’s existing or prospective business must be its own and not that of another entity. See Levin, 832 F.2d at 405-06 ; Green v. … We' conclude, therefore, that the Tax Court clearly erred by affirming the imposition of the section 174 negligence penalty against appellants in 1981. IV.

Schooner Robert Lewers Co. v. Kekauoha

114 F. 849 · Court of Appeals for the Ninth Circuit · Mar 17, 1902

That the phrase ‘laws of Hawaii,’ as used in this' act without qualifying words, shall mean the constitution and laws of the republic of Hawaii, in force on the twelfth day of August, eighteen hundred and ninety-eight, at … We think there is sufficient evidence to establish the alleged negligence on the part of the defendant.

Michael Roy v. San Francisco Police Department Michael J. Mullone, Inspector Michael Hennessey, Sheriff

953 F.2d 1388 · Court of Appeals for the Ninth Circuit · Jan 30, 1992

Roy simply failed to make an adequate inquiry into established property recovery procedures. This is clearly insufficient to establish a due process violation. 15 C. … Here, there is no abuse of discretion because amendment would have been futile. 24 Dean is entitled to qualified immunity. Hansen v. Black, 885 F.2d 642, 644 (9th Cir.1989).

96 Cal. Daily Op. Serv. 3597, 96 Daily Journal D.A.R. 5821 Ever Quintanilla v. City of Downey Clayton Mays R.R. Wells Officer Biarnesen, in His Personal and Official Capacity J. Hoekter, in His Personal and Official Capacity

84 F.3d 353 · Court of Appeals for the Ninth Circuit · May 22, 1996

While this may be true if the plaintiff established that he suffered a constitutional injury, and the officer's exoneration resulted from qualified immunity, see Palmerin, 794 F.2d at 1414-15 , this proposition has no applicability … Plaintiff failed to establish that he suffered a constitutional injury. 11 In the instant case, plaintiff's strategy was to convince the jury to award him damages on the strength of evidence concerning police dog attacks

Xue Lu v. Powell

621 F.3d 944 · Court of Appeals for the Ninth Circuit · Sep 2, 2010

The United States is immune from liability for an assault or battery by its employee. 28 U.S.C. § 2680(h). … “An asylum officer may grant asylum in the exercise of discretion to an applicant who qualifies as a refugee . . . .

Southern California Edison Company v. Federal Power Commission, Public Utilities Commission of the State of California v. Federal Power Commission

310 F.2d 784 · Court of Appeals for the Ninth Circuit · Nov 15, 1962

The multi-state impact of the regulation there in question is clearly pointed out. … The court goes on to state, at page 399, at page 740 on 33 S.Ct.: “The grant in the Constitution of its own force, that is, without action by Congress, established the essential immunity of interstate commercial intercourse

Carl D. McQuillion v. William Duncan, Warden Attorney General of the State of California

306 F.3d 895 · Court of Appeals for the Ninth Circuit · Sep 25, 2002

“clearly established” by the Supreme Court. … Under the “clearly established” framework of Green-holtz and Allen , we hold that California’s parole scheme gives rise to a cognizable liberty interest in release on parole.

David Hill v. Brent Reinke

Court of Appeals for the Ninth Circuit · May 1, 2018

liberty interest in his transfer to the MHU, and the IDOC Defendants were not required to provide him a hearing. 2  At a minimum, the IDOC Defendants are entitled to qualified … immunity because Hill did not possess a clearly established right to a hearing at the time of his transfer.

Truth v. Kent School District

524 F.3d 957 · Court of Appeals for the Ninth Circuit · Apr 25, 2008

The Act clearly allows exclusions that are not “content”-based. The Act’s legislative history strengthens our conclusion that it prohibits only content-based restrictions on religious groups. … Access to ASB recognition qualifies as a limited public forum. See Prince, 303 F.3d at 1091.