Case law

Singh v. Holder

656 F.3d 1047 · Court of Appeals for the Ninth Circuit · Sep 8, 2011

Indeed, if the BIA’s interpretation in this case were applied, a petitioner could never qualify for the exception. The facts here illustrate precisely the BIA’s flaw. … Clearly, waiting six months or longer after expiration or termination of status would not be considered reasonable.

James Andrews v. Sirius Xm Radio, Inc.

932 F.3d 1253 · Court of Appeals for the Ninth Circuit · Aug 8, 2019

In light of this practical mindset, we will not subject a range of commonplace and innocuous activities involving driver’s licenses to potential DPPA liability. 7 Accordingly, given that the statute was clearly intended to … SIRIUS XM RADIO damage assessments, data restoration, and interruption of service—clearly limits its focus to harms caused by computer intrusions, not general injuries unrelated to the hacking itself.

Adam Horstman v. City of Hillsboro

Court of Appeals for the Ninth Circuit · Apr 11, 2018

and (2) the right at issue “was clearly established ‘in light of the specific context of the case’” at the time of the alleged misconduct. … The district court erred in denying qualified immunity to the Individual Defendants. 3. Defendant Bonn did not waive his qualified immunity argument as to the malicious prosecution claim.

Preben Norgaard Sandra C. Norgaard v. Commissioner Internal Revenue Service

939 F.2d 874 · Court of Appeals for the Ninth Circuit · Jul 30, 1991

Norgaard had not established his deductible losses. Upon review of these facts, we cannot conclude that the tax court’s decision is clearly erroneous. 2. The Rule of Cohan v. … In order to qualify for the estimation treatment under Cohan , the taxpayer must establish that he is entitled to some deduction. Edelson v. Commissioner, 829 F.2d 828, 831 (9th Cir.1987).

American Federation of Government Employees, AFL-CIO Local 2152 v. Principi

464 F.3d 1049 · Court of Appeals for the Ninth Circuit · Oct 2, 2006

Because no unfair labor practice under § 7118 was involved in this case, as a practical matter, an appeal from the arbitrator’s decision would be immune from any form of substantive agency or judicial review. … Under the doctrine of the last antecedent, qualifying phrases are to be applied to the words or phrase immediately preceding the qualifier and are not to be construed as modifying more remote phrases.

Muniz v. Amec Construction Management, Inc.

623 F.3d 1290 · Court of Appeals for the Ninth Circuit · Oct 27, 2010

The district court held that Muniz did not qualify for disability benefits under the terms of his disability insurance plan. We affirm. I. … This argument fails because “[a] district court, when exercising de novo review of an ERISA benefits denial decision, may admit additional evi- dence when ‘circumstances clearly establish that additional evidence is necessary

Myers v. County of Ventura

114 F.3d 1195 · Court of Appeals for the Ninth Circuit · May 22, 1997

III 5 Myers argues that the district court gave erroneous jury instructions on qualified immunity. … V 7 Finally, Myers argues that the district court should not have granted qualified immunity to Tillotson because the law was clearly established that a social worker could not remove a child from school without a warrant

United States v. Charles Ira Black

767 F.2d 1334 · Court of Appeals for the Ninth Circuit · Aug 7, 1985

In this case, Black’s possession of forged Oxford documents is clearly related to the subjects raised by his direct testimony. … In holding this did not amount to being judicially established, this court, noting the “actual, damages” requirement of section 3651, observed that “the amount of loss must be established by proof at trial, ... some other

United States v. Juan Espinoza-Cano

456 F.3d 1126 · Court of Appeals for the Ninth Circuit · Aug 8, 2006

It is a long-established principle of statutory construction that similar statutory language should be construed similarly. Northcross v. … Under these facts Espinoza-Cano's intent to deprive Albertson’s of over $400 worth of merchandise was established. 9 .

Jack Mathes v. The Clipper Fleet, Etc.

774 F.2d 980 · Court of Appeals for the Ninth Circuit · Oct 22, 1985

We agree with the Fourth Circuit that habit or pattern of conduct is never to be lightly established, and evidence of examples, for purpose of establishing such habit, is to be carefully scrutinized before admission____ It … is only when the examples offered to establish such pattern of conduct or habit are “numerous enough to base an inference of systematic conduct” ... that they are admissible to establish pattern or habit.

Michael Alvarado v. R.Q. Hickman, Warden, Acting Warden of Mule Creek State Prison

316 F.3d 841 · Court of Appeals for the Ninth Circuit · Dec 18, 2002

If the federal law is not clearly established at the time of the state court determination, § 2254(d)(1) bars relief. Williams, 529 U.S. at 412 , 120 S.Ct. 1495 . … Haley and its progeny, supra, have clearly established this principle in the context of custodial interrogations.

W. H. v. Olympia School District

Court of Appeals for the Ninth Circuit · Sep 26, 2018

established law.” Robinson v. Prunty, 249 F.3d 862, 866 (9th Cir. 2001) (quoting Johnson v. Jones, 515 U.S. 304, 311 (1995)) (internal quotation marks omitted). We review de novo the denial of qualified immunity. … Because the rights underlying this theory of liability are not “clearly established,” qualified immunity bars any such claim. 5

Fraser v. Bethel School District No. 403

755 F.2d 1356 · Court of Appeals for the Ninth Circuit · Mar 4, 1985

Although Fraser delivered his speech to a school-sponsored assembly, his speech was clearly not part of the school curriculum. … Because the injunction served *1366 its purpose of assuring that Fraser qualified as a commencement speaker, it is VACATED as moot. 13 .

Independent Energy Producers Association, Inc. v. California Public Utilities Commission

36 F.3d 848 · Court of Appeals for the Ninth Circuit · Sep 22, 1994

[that a] cogeneration facility is a ... qualifying cogeneration facility.... … By contrast, Title II of PURPA, the statutory section in question in this case, establishes a distinctly different federal-state relationship from those established in Titles I & III

Estate of Bynum v. Magno

55 F. App'x 811 · Court of Appeals for the Ninth Circuit · Jan 14, 2003

, 270 F.3d 778, 782-83 (9th Cir.2001), we applied the three factors the Supreme Court has identified as appropriate in deciding whether to apply the doctrine of judicial estoppel: (1) whether a party’s later position is clearly … Doctor Preston was not qualified as a pul-monologist, not qualified to render testimony as to the standard of care of a pulmonologist.” These two positions are flatly inconsistent with each other. In denying Dr.

Pyramid Technologies, Inc. v. Hartford Casualty Insurance Co

752 F.3d 807 · Court of Appeals for the Ninth Circuit · May 19, 2014

Spiegel’s many relevant certifications and decades of relevant experience render him qualified to issue his expert opinion. … Although courts have found reliance on experts can trigger the genuine dispute doctrine, these cases generally involve multiple experts that are clearly independent.

Danny Atterbury v. Denise Daly

548 F. App'x 481 · Court of Appeals for the Ninth Circuit · Dec 10, 2013

The district court properly granted summary judgment on Atterbury’s unreasonable search and seizure claim on the basis of qualified immunity because California state law requires those found not guilty by reason of insanity … of a felony to provide a DNA sample, and Atterbury’s right to be free of this requirement under the Fourth Amendment is not clearly established.

Richard Lauranzano v. D. Umfleet, S. Hubbard, and D.L. Arcamone

42 F.3d 1400 · Court of Appeals for the Ninth Circuit · Nov 22, 1994

Id. 7 Whether an asserted federal right was clearly established, so that a public official who allegedly violated the right may not have qualified immunity from suit, presents a question of law. Elder v. … Thus, Lauranzano has carried his burden of showing the law was clearly established. 9 The second inquiry in determining whether the officials are entitled to qualified immunity requires the court to decide whether a reasonable

Minnesota & M. Land & Improvement Co. v. City of Billings

111 F. 972 · Court of Appeals for the Ninth Circuit · Oct 21, 1901

Paving Co. clearly determines the present question adversely to the appellant’s contention. The appellant denies the authority of the city to include the whole city in a single improvement district. … The word “special” qualifies the improvement, not the district. The improvement in this instance affected the whole city.

Suzanne C. Costo v. United States

248 F.3d 863 · Court of Appeals for the Ninth Circuit · Apr 20, 2001

Thus, the suit is barred unless the United States has waived its sovereign immunity. … Intramilitary Immunity in Light of United States v. Stanley, 38 DEPAUL L.