Case law

United States v. Lot 111-B, Tax Map Key 4-4-03-71(4)

902 F.2d 1443 · Court of Appeals for the Ninth Circuit · May 10, 1990

Alternatively, the court held that Stage did not qualify as an “innocent owner.” We affirm. … Our review of the record satisfies us that the district court’s finding was not clearly erroneous. Stage presented no documentary evidence regarding his finances or payments with respect to the purchase of the property.

Dennis v. O'Day v. McDonnell Douglas Helicopter Company, a Foreign Corporation, (Two Cases)

79 F.3d 756 · Court of Appeals for the Ninth Circuit · Mar 26, 1996

These documents O’Day found in a file that was clearly not meant for general inspection. … But just as an employee’s wrongdoing does not immunize his employer from liability for its discrimination, an employer's discrimination does not immunize its employees from the consequences of their wrongdoing.

Jerry Frye v. Ron Broomfield

115 F.4th 1155 · Court of Appeals for the Ninth Circuit · Sep 10, 2024

Clearly established federal law Under § 2254(d)(1), “clearly established Federal law” refers to United States Supreme Court holdings, not dicta, at the time of the relevant state court decision. Carey v. … Only United States Supreme Court holdings can clearly establish federal law, but we may “look to circuit precedent to ascertain whether [we have] already held that the particular point in issue is clearly established by Supreme

Tiffany Tabares v. City of Huntington Beach

988 F.3d 1119 · Court of Appeals for the Ninth Circuit · Feb 17, 2021

Separately, there is no “qualified immunity under California law” comparable to federal § 1983 jurisprudence. Venegas v. Cnty. of Los Angeles, 153 Cal. App. 4th 1230, 1249 (Ct. … But even if the officer’s alleged pre-shooting negligence does not establish a constitutional violation, it may establish negligence under California law. 18 TABARES V.

Jorge Rojas v. Faa

941 F.3d 392 · Court of Appeals for the Ninth Circuit · Oct 22, 2019

If the agency establishes a nontrivial privacy interest, the burden shifts to the requester to establish that the public interest in the information outweighs the privacy interest. See Cameranesi v. U.S. … Here, because the FAA has established a nontrivial privacy interest in its employees’ email addresses, the burden shifts to Rojas to establish that the public interest in the information outweighs the privacy interest.

Mario Echazabal v. Chevron Usa, Inc. Irwin Industries, Inc.

226 F.3d 1063 · Court of Appeals for the Ninth Circuit · May 23, 2000

Chevron argues that it is an essential function because “the record establishes that Chevron did prepare a written description of the job before advertising it and it incorporated the need for an employee to be able to tolerate … Although the Eleventh Amendment specifies only that "citizens of another state” may not sue a state, the Court has held that states are immune from suit by citizens of the same state. See Seminole Tribe of Florida v.

United States v. Mark Claude McKinley

447 F.2d 962 · Court of Appeals for the Ninth Circuit · Aug 23, 1971

In order to qualify for conscientious objector status, the facts presented must clearly establish that the registrant has brought himself within the three basic tests recognized by the Supreme Court in recent decisions. … We are compelled to find there was no duty to reopen in light of the information communicated by appellant which fell far short of establishing, if true, a prima facie claim.

Franklin E. Erickson and Helen A. Erickson, Appellants-Petitioners v. Commissioner of Internal Revenue, Appellee-Respondent

598 F.2d 525 · Court of Appeals for the Ninth Circuit · Jun 11, 1979

Unless the Tax Court’s finding was “clearly erroneous,” we will not disturb its determination. Wien Consolidated Airlines v. Commissioner, 528 F.2d 735 (9th Cir. 1976); Allen v. … To establish the continuity of his investment, petitioner argues that he not only received rental income from the condemned property, but that as president of Erickson Construction Company, he occupied a portion of the office

United States v. Jason Lee

821 F.3d 1124 · Court of Appeals for the Ninth Circuit · May 6, 2016

Ct. 1990, 1993 (2013) (“No fair- minded jurist could think that [the Supreme Court case at issue] clearly establishes that the enforcement of the Nevada rule in this case is inconsistent with the Constitution.”). … Ct. 1, 4 (2014) (scolding the Ninth Circuit for granting habeas relief based on its own precedent, where AEDPA requires that a state court decision violate clearly established federal law as established by the Supreme Court

Simpson v. Burkhart

Court of Appeals for the Ninth Circuit · Feb 23, 2009

See Simpson, 366 B.R. at 70-71 (“Whether an annuity contract qualifies as exempt life insur- ance under California law is a factual determination that we review under the clearly erroneous standard.”). … [13] The Keyport Annuity was not established for Simpson by an employer. Rather, Simpson purchased it as an individ- ual.

98 Cal. Daily Op. Serv. 5539, 98 Daily Journal D.A.R. 7729 Chineina Graham, on Behalf of Themselves and All Other Persons Similarly Situated Masaichy Stephen, on Behalf of Themselves and All Other Persons Similarly Situated Kether Uruno, on Behalf of Themselves and All Other Persons Similarly Situated Asi Auputiw, on Behalf of Themselves and All Other Persons Similarly Situated Nameuo Pillias, on Behalf of Themselves and All Other Persons Similarly Situated Sanres Katuo, on Behalf of Themselves and All Other Persons Similarly Situated Tionis Rechy, on Behalf of Themselves and All Other Persons Similarly Situated Saimon Casiano, on Behalf of Themselves and All Other Persons Similarly Situated Chikiwo Asenis, on Behalf of Themselves and All Other Persons Similarly Situated Achie Engichy, on Behalf of Themselves and All Other Persons Similarly Situated Sandy Nedlec, on Behalf of Themselves and All Other Persons Similarly Situated After Ludwig Anna Joseph Liwis Dita Welle Obtena Kelep Sincer Meitou, on Behalf of the Estate of Nor Meitou Janice Iro, on Behalf of Rinner Simiron Remigio Welle Charles Rialong Jonathan Achimi Norenty Sikemen Naieko Eis Care Achime, on Behalf of the Estate of Achimi Onochi Funumi Otto Tingo Ham Airin Saner, on Behalf of the Estate of MacHuko Sanger Itosy Achanto Frank Fernando Sesi Salle Messy Achanto Misa Sewen Manner Namelo Iowanes Ukaw Menisio Fritz Takesy Simirai Sanokin Namelo Seker Afin Immaculate Antonin Francis Nethon Nariano Taro Ines Munich Reichiro Reus Nisie Chutaro Mino Rudolph Sanchy Louis Eto Sykap Hanry Benry Natis Ekichy Sarae Atter Sisei Saltfish Ariok Kaori Kachume Aniwin Sikichi Epineisar Dakos Telep Tokiko Ar Alouis Antonious Masaichy Simi Sik Muritok Petiri Fred Apenis Murano Umoumoch James Fumie Opokunong Finoen Chaine Spancer Opokunong Onger Fine Kaichiro Alaphen Kenrita Ephini Dickson Joywell Marcy Willy Sino Shiro Tachuo Rongeni Kafoto Two Sinori Meitou Sanning Welle Timan Jappan Spiter Techuo Letis Fred Paul Refinong Neioru Nakamura v. Federal Emergency Management Agency, James Lee Witt, Director, Federal Emergency Management Agency, and Shirley Mattingly, Director, Region Ix, Federal Emergency Management Agency

149 F.3d 997 · Court of Appeals for the Ninth Circuit · Jul 15, 1998

We hold that applicants who had not established at the time of the withdrawal that their applications were meritorious lack standing to sue. … Id. 33 Here, the duty of FEMA is clearly prescribed by the Stafford Act's applicable regulations.

United States v. County of San Diego

965 F.2d 691 · Court of Appeals for the Ninth Circuit · May 19, 1992

The device is a fixture, and therefore qualifies as an “improvement.” See id. § 105(a). … We therefore will not “establish as a constitutional rule something that [the Department] was unable to obtain statutorily from Congress.” Id. at 744 , 102 S.Ct. at 1388 .

United States v. 5.96 Acres Of Land

593 F.2d 884 · Court of Appeals for the Ninth Circuit · Mar 22, 1979

In that case, the permittee contended the condition 6 conflicted with the waiver of sovereign immunity contained in the Public Vessels Act and the Suits in Admiralty Act. … In each, the government's power to revoke and its exculpation from liability are clearly stated.

United States Court of Appeals v. Jose Antonio Yanez-Saucedo

295 F.3d 991 · Court of Appeals for the Ninth Circuit · Jul 8, 2002

We have, however, “interpreted Taylor’s edict to include examination of documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.” … Washington case law clearly recognizes that there *996 is a degree of force inherent in third-degree rape. See also Washington v.

Naoko Ohno v. Yuko Yasuma

723 F.3d 984 · Court of Appeals for the Ninth Circuit · Jul 2, 2013

YASUMA 51 The Japanese trial court’s judgment does not clearly establish either knowledge or intent on the part of Yasuma or Saints of Glory to “incite anxiety” or “cause terror.” … But the record does not show that the Church has so clearly made out 52 OHNO V .

United States v. California Stem Cell Treatment Center, Inc.

117 F.4th 1213 · Court of Appeals for the Ninth Circuit · Sep 27, 2024

HCT/Ps are subject to full regulation unless they qualify for an exception. Id. § 1271.20. … establishments that transfer HCT/Ps from one donor to a different recipient,” while the SSP exemption is available only to establishments that remove HCT/Ps and implant them back into the same patient.

United States v. California State Board of Equalization

650 F.2d 1127 · Court of Appeals for the Ninth Circuit · Jul 13, 1981

It places the legal incidence of the tax on the United States and, therefore, violates the United States’ constitutional immunity from state taxation. … The record does not show that the district court abused its discretion in awarding pre-judgment interest from the date of entry of judgment, the district court was clearly correct. See 28 U.S.C. § 1961 (1976).

Usman Shehu Sule v. Jerry Wait Teresa Harper Mary Sullivan Christopher Cruz

110 F.3d 70 · Court of Appeals for the Ninth Circuit · Mar 26, 1997

immunity unless (1) the law governing the official's conduct was clearly established, and (2) a reasonable official could not have believed that the conduct was lawful. … Even if the defendants made the statements that Sule alleges, they did not violate his clearly established constitutional rights. Defendants are entitled to qualified immunity. D.

Cornejo v. County of San Diego

Court of Appeals for the Ninth Circuit · Sep 24, 2007

COUNTY OF SAN DIEGO 12993 and Immunities Relating to Consular Posts, Career Consular Officers and Other Members of a Consular Post,” while Sec- tion I concerns “Facilities, Privileges and Immunities Relating to … Thus, the language in the preamble explaining that “such privileges and immunities are not to benefit individu- als” more reasonably refers to the fact that the privileges and immunities contained in the Vienna Convention

Predrag Vukmirovic v. John Ashcroft, Attorney General

362 F.3d 1247 · Court of Appeals for the Ninth Circuit · Apr 5, 2004

These skirmishes and their motivations qualify as persecution under the law. … In construing a similar provision, Laipenieks clearly held that individual accountability must be established.