Case law

United States v. Michael Paris

827 F.2d 395 · Court of Appeals for the Ninth Circuit · Sep 4, 1987

Findings of fact with respect to the foundational requirements for admission of co-conspirator statements, we have held, are subject to a clearly erroneous standard of review. See United States v. … Paris, however, did not establish that DePalm "had unconditionally agreed to testify." United States v. Hoyos, 573 F.2d 1111, 1114 (9th Cir. 1978).

Ablamis v. Roper

937 F.2d 1450 · Court of Appeals for the Ninth Circuit · Jul 3, 1991

Two of the three categories of excepted payments — child support and alimony — clearly are not testamentary in nature. … She is clearly wrong.

Gaye Levy AYON, Plaintiff-Appellant, v. Arthur F. SAMPSON, Administrator, General Services Administration, Defendant-Appellee

547 F.2d 446 · Court of Appeals for the Ninth Circuit · Oct 18, 1976

Discrimination Appellant argues, essentially, that where an agency, in the employment context, must choose between a qualified man and a qualified woman, the affirmative action policy established by Executive Order 11478 … Henry, one of the male applicants, was clearly the most qualified of the three.

James Huntsman v. Corporation of the President

127 F.4th 784 · Court of Appeals for the Ninth Circuit · Jan 31, 2025

President Hinckley qualified the assertion that tithing funds would not be used by noting that earnings on invested reserve funds would be used. … Take sovereign immunity—another structural limit on our court’s power.

Lumber Products Ass'n v. United States

144 F.2d 546 · Court of Appeals for the Ninth Circuit · Aug 23, 1944

Such conduct is not within the scope of the immunity described in the Apex case. … That case clearly indicates that, as shown in the Apex case, there is an area of conduct of combined labor and capital violative of the Sherman Act which is not immunized from prosecution under the Norris-LaGuardia Act.

Levin v. United States

5 F.2d 598 · Court of Appeals for the Ninth Circuit · May 11, 1925

The objection to the introduction of testimony, even if unlawfully obtained, may be, and often is, waived, and the waiver of a constitutional privilege may be established by conduct amounting to an estoppel. … Immunity from search and seizure may be waived. Dillon v. United States (C. C. A.) 279 F. 639 ; Windsor v. United States (C. C. A.) 286 F. 61 .

Ilai Koonwaiyou v. Antony Blinken

69 F.4th 1004 · Court of Appeals for the Ninth Circuit · Jun 7, 2023

The uncodified section clearly states that “persons born before, on, or after the date of the enactment of this Act” qualify for national status under § 1408(4). § 15(b), 100 Stat. at 843. … Indeed, if anything, the limited legislative history supports our view that Congress aimed to establish equal status for all American Samoans who qualify for non-citizen national status under § 1408.

Jackson v. Tate

648 F.3d 729 · Court of Appeals for the Ninth Circuit · Jun 2, 2011

The government also argued that Jackson’s suit is barred by the doctrine of intra-military immunity, first announced in Feres v. … Subsection 101(d)(6)(A) of Title 10 clearly includes “recruiting” within the scope of Active Guard/Reserve duties to be performed by full-time members of the state National Guard.

Gerard v. United States

167 F.2d 951 · Court of Appeals for the Ninth Circuit · Apr 15, 1948

This is an appeal from a judgment dismissing the complaint of two Blackfeet Indians seeking to establish title to land held by them under trust patents issued to them on land previously allotted to them. … The language of the statutes clearly provides the jurisdiction here claimed. There is not the doubt invoking the obligation to construe them favorably to the Indians.

Howard v. Cooney

155 F. App'x 321 · Court of Appeals for the Ninth Circuit · Dec 12, 2005

Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity

Barry M. Hopkins, Husband and Katie M. Hopkins, Wife v. City of Sierra Vista, Arizona, a Body Politic, and Steven Gerhardt

931 F.2d 524 · Court of Appeals for the Ninth Circuit · May 2, 1991

Where there is probable cause to believe someone is being beaten, there clearly are exigent circumstances justifying immediate entry. … Although defendants suggest that we affirm the summary judgment on the grounds of qualified immunity and deliberate indifference to constitutional rights, those questions were not ruled on by the district court and we refuse

Westminster School Dist. of Orange County v. Mendez

161 F.2d 774 · Court of Appeals for the Ninth Circuit · Aug 1, 1947

All petitioners are taxpayers of good moral habits, not suffering from disability, infectious disease, and are qualified to be admitted to the use of the schools and facilities within their respective districts and systems … But only in the event such schools are established may children be separated in respect of race. And no separation may be had, in the absence of statutory or constitutional authority therefor.” Idle case of Lopez v.

United States v. Smith

Court of Appeals for the Ninth Circuit · Apr 26, 2005

[7] In determining that this record clearly established the elements of generic burglary, the district court reasoned that the factual basis for the charge, as set forth by the prosecutor at the change of plea hearing … We have “interpreted Tay- lor’s edict to include examination of ‘documentation or judi- cially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes[,] such as the

The Times Mirror Company and the Copley Press, Inc. v. United States of America, Real Party in Interest-Appellee. The Times Mirror Company the Copley Press, Inc. v. United States District Court for the Central District of California United States District Court for the Southern District of California, United States of America Doe Parties, Real Parties in Interest. The Times Mirror Company the Copley Press, Inc. v. United States of America, Real Party in Interest-Appellee. Channel 39, Kcst-Tv v. United States

873 F.2d 1210 · Court of Appeals for the Ninth Circuit · Jul 24, 1989

To establish probable cause for the warrants, the agents submitted detailed affidavits. … This means that the clearly predictable injuries to the reputations of the named individuals is [sic] likely to be irreparable. 26 776 F.2d at 1113-14 .

Bailey v. United States

623 F.3d 855 · Court of Appeals for the Ninth Circuit · Sep 29, 2010

UNITED STATES Daguerre Point Dam sign plan requires the Corps to post sea- sonal signs that clearly instruct boaters to portage when they approach the submerged dam. … United States, 500 F.3d 914, 919 (9th Cir. 2007) (holding that United States not immune because decision to warn involved “safety consider- ations under an established policy, rather than the balancing of competing policy

Maria Vasquez v. City of San Jose

Court of Appeals for the Ninth Circuit · Feb 6, 2024

Qualified immunity protects officers sued under 42 U.S.C. § 1983 from suit “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the … City of Murrieta, 978 F.3d 1150 (9th Cir. 2020), we do not consider them as relevant to the analysis of the “clearly established” prong of the qualified immunity test.

Ada v. Government of Guam

179 F.3d 672 · Court of Appeals for the Ninth Circuit · Apr 19, 1999

Therefore, § 1712’s text clearly excludes undervotes, because such ballots do not cast a vote for this particular office. … entitled to vote, but to those qualified and actually voting.

California Home Brands, Inc. And Pan Pacific Fisheries v. Danny Ferreira

871 F.2d 830 · Court of Appeals for the Ninth Circuit · Mar 28, 1989

Appellant’s conclusion that these cases establish a right to contribution in all cases except where the indemnitor is expressly immunized is too sweeping. … While it is reasonable to look for an express immunization where the defendant’s liability was clearly established prior to the statute, the lack of an immunizing provision should not be considered proof that Congress intended

United States of America, and State of California, Ex Rel. California Department of Health Services Hazardous Substance Account and Hazardous Cleanup Fund v. Shell Oil Company Union Oil Company of California Atlantic Richfield Company Texaco, Inc. Los Coyotes Estates Ramparts Research & Financial Corporation, United States of America State of California, Ex Rel. California Department of Health Services Hazardous Substance Account and Hazardous Cleanup Fund v. Shell Oil Company Union Oil Company of California Atlantic Richfield Company Texaco, Inc., and Los Coyotes Estates Ramparts Research & Financial Corporation

281 F.3d 812 · Court of Appeals for the Ninth Circuit · Feb 11, 2002

In 1942, President Roosevelt established several agencies to oversee wartime production. … That is, the waiver of sovereign immunity is coextensive with the scope of liability under 42 U.S.C. § 9607 , but the United States is liable under that section only when it qualifies as an owner or operator of a facility

Jose Artemio Perez-Martin v. John Ashcroft, Attorney General

394 F.3d 752 · Court of Appeals for the Ninth Circuit · Jan 12, 2005

To qualify for this designation, an alien must establish that he or she resided in the United States and performed at least 90 days of “seasonal agricultural services” during the twelve-month period ending on May 1, 1986. … Once Perez came forward with the original Ramirez affidavit verifying that he had worked the requisite number of days of qualifying employment, Perez had clearly “produc[ed] sufficient evidence to show the extent of [his]