Mitchell v. Mobil Oil Corp. (1992)

See, e.g., HyPoint Tech., Inc. v. Hewlett-Packard Co., 949 F.2d 874, 878 (6th Cir.1991), cer t. denied, 503 U.S. 938 , 112 S.Ct. 1480 , 117 L.Ed.2d 623 (1992) (“The antitrust laws were enacted for ‘the protection of competition, not competitors.’ ”) (quoting Brown Shoe Co. v. United States, 370 U.S. 294, 320 , 82 S.Ct. 1502, 1521 , 8 L.Ed.2d 510 (1962) (emphasis in original)).

“The Eleventh Amendment’s 6 jurisdictional bar covers suits naming state agencies and departments as defendants and applies 7 whether the relief sought is legal or equitable in nature.” Brooks v. Sulphur Springs Valley Elec. 8 Co-op., 951 F.2d 1050, 1053 (9th Cir. 1991) (quotation omitted), cert. denied, 503 U.S. 938 9 (1992). 10 Although plaintiff alleges CDCR and CRWQCB have waived their immunity by receiving 11 federal funding, the mere acceptance of federal funding does …

See Hamilton v. Air Jamaica, Ltd., 945 F.2d 74, 78 (3d Cir.1991) (Courts have "no authority to draft the substantive content in [ERISA] plans.") (quoting Blau v. Del Monte Corp., 748 F.2d 1348, 1353 (9th Cir.1984), cert. denied, 474 U.S. 865 , 106 S.Ct. 183 , 88 L.Ed.2d 152 (1985)), cert. denied, 503 U.S. 938 , 112 S.Ct. 1479 , 117 L.Ed.2d 622 (1992); Van Orman v. American Ins.

See Hamilton v. Air Jamaica, Ltd., 945 F.2d 74, 79 (3d Cir.1991) ("Employers are understandably more willing to provide employee benefits when they can reserve the right to decrease or eliminate those benefits."), cert. denied, 503 U.S. 938 , 112 S.Ct. 1479 , 117 L.Ed.2d 622 (1992). 42 Although Congress has determined, by enacting ERISA Sec. 510, that once an employer elects to include certain benefits within its employment package, it cannot revoke them with the intent to d…

See Hollis v. Davis, 941 F.2d 1471, 1482 (11th Cir. 1991) (“[W]e would have greater confidence in the [result reached by a racially mixed jury], finding much less probability that racial bias had affected it”.), cert. denied, 503 U.S. 938 (1992); see also Cassell v. Texas, 339 U.S. 282 (1950) (Jackson, J. dissenting).

See also Hamilton v. Air Jamaica, Ltd., 945 F.2d 74, 78 (3d Cir.1991) (“While ERISA was enacted to provide security in employee benefits, it protects only those benefits provided in the plan____ ERISA mandates no minimum substantive content for employee welfare benefit plans, and therefore a court has no authority to draft the substantive content of such plans.”) (citation and quotation marks omitted), ce rt. denied, 503 U.S. 938 , 112 S.Ct. 1479 , 117 L.Ed.2d 622 (1992); cf…

See Hamilton v. Air Jamaica, Ltd., 945 F.2d 74, 78 (3d Cir. 1991) (Courts have "no authority to draft the substantive content in [ERISA] plans.") (quoting Blau v. Del Monte Corp., 748 F.2d 1348, 1353 (9th Cir. 1984), cert. denied, 474 U.S. 865 (1985)), cert. denied, 503 U.S. 938 (1992); Van Orman v. American Ins.

See Hamilton v. Air Jamaica, Ltd., 945 F.2d 74, 79 (3d Cir. 1991) ("Employers are understandably more willing to provide employee benefits when they can reserve the right to decrease or eliminate those benefits."), cert. denied, 503 U.S. 938 (1992).

The “color of law” or “state actor” requirement is “a 14 jurisdictional requisite for a § 1983 action.” West v. Atkins, 487 15 U.S. 42, 46 (1988); see Gritchen v. Collier, 254 F.3d 807, 812 (9th 16 Cir. 2001). “[P]rivate parties” such as Defendant Leisure Village 17 Association, Inc. “are not generally acting under color of state law.” 18 Price v. State of Hawaii, 939 F.2d 702, 707-08 (9th Cir. 1991), cert. 19 denied, 503 U.S. 938 (1992). 20 21 Plaintiff argues that Defendan…

Accord Price v. Hawaii, 939 F.2d 702, 706 (9th Cir.1991) (“although section 5(f) itself does not provide a private right of action, an action under 42 U.S.C. § 1983 is proper”) (“Price PV”), 16 cert. denied, 503 U.S. 938 , 112 S.Ct. 1479 , 117 L.Ed.2d 622 (1992); Ulaleo v. Paty, 902 F.2d 1395, 1397 (9th Cir.1990).

See, e.g., Hollis v. Davis, 941 F.2d 1471, 1474 (11th Cir.1991), cert. denied, 503 U.S. 938 , 112 S.Ct. 1478 , 117 L.Ed.2d 621 (1992); Moore v. Comfed Savings Bank, 908 F.2d 834 , 841 n. 4 (11th Cir.1990), reh’g denied, 917 F.2d 570 . 79 .Thus, any suggestion that racial polarization in the county was somehow caused by partisan politics, as the Fifth Circuit found was the case in LULAC, 999 F.2d at 831, would have no meaning here. 80 .

Accord HyPoint Technology, Inc. v. Hewlett-Packard Co., 949 F.2d 874 (6th Cir.1991), cert. denied, 503 U.S. 938 , 112 S.Ct. 1480 , 117 L.Ed.2d 623 (1992).