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Clark v. Buckeye, Town of

MOTION for Summary Judgment As to Damages and Request to Terminate Action

11 Cited authorities

  1. Carey v. Piphus

    435 U.S. 247 (1978)   Cited 3,566 times   5 Legal Analyses
    Holding that nominal damages are appropriate when a plaintiff's constitutional rights have been infringed but he cannot show further injury

  2. Yeti by Molly Ltd. v. Deckers Outdoor Corp.

    259 F.3d 1101 (9th Cir. 2001)   Cited 1,323 times
    Holding that the burden to show substantial justification or harmlessness is on the party who made the late disclosure

  3. Clements v. Airport Authority of Washoe County

    69 F.3d 321 (9th Cir. 1995)   Cited 323 times   2 Legal Analyses
    Holding that issue preclusion can be waived

  4. Knudson v. City of Ellensburg

    832 F.2d 1142 (9th Cir. 1987)   Cited 315 times
    Holding that the plaintiff, whose disability benefits were denied without a hearing, had a "significant interest in the uninterrupted payment of her medical expenses pending determination of her claim"

  5. Merritt v. Mackey

    932 F.2d 1317 (9th Cir. 1991)   Cited 145 times
    Affirming award of $35,000 in damages as compensation for emotional distress arising from a due process deprivation after the plaintiff was fired without a pre-termination hearing.

  6. Raditch v. U.S.

    929 F.2d 478 (9th Cir. 1991)   Cited 141 times
    Finding that "the remedy for an unfair hearing is another hearing" and that "due process was satisfied when the results of the first disciplinary hearing were vacated, the RVR was ordered reissued and reheard."

  7. Vanelli v. Reynolds School Dist. No. 7

    667 F.2d 773 (9th Cir. 1982)   Cited 177 times
    Holding that a teacher appealing his termination failed to demonstrate that a member of the school board was biased or deprived the teacher of a fair hearing where the board member's son was dating one of the students who had filed charges against the teacher

  8. Lum v. City & County of Honolulu

    963 F.2d 1167 (9th Cir. 1992)   Cited 36 times
    Holding that the "appropriate forum to review the denial of a summary judgment motion is through interlocutory appeal under 28 U.S.C. § 1292(b)"

  9. Duffy v. Springs

    342 F. App'x 279 (9th Cir. 2009)

    Nos. 08-55508, 08-55797. Argued and Submitted May 6, 2009. Filed July 20, 2009. Glenn Rothner, Esquire, Rothner, Segall Greenstone, Pasadena, CA, for Plaintiff-Appellee, Cross-Appellant. Edward P. Zappia, Esquire, The Zappia Law Firm, Los Angeles, CA, for Defendants-Appellants, Cross-Appellee. Cynthia M. Germano, Esquire, Best Best Krieger, LLP, Riverside, CA, for Defendant. Appeal from the United States District Court for the Central District of California, Valerie Baker Fairbank, District Judge

  10. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,437 times   648 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  11. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 45,688 times   316 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness