Case law

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  • United States v. Edward L. Powell

    24 F.3d 28 · Court of Appeals for the Ninth Circuit · May 12, 1994

    The divestiture rule is clearly applicable in a case where the defendant claims a right not to be tried at all. … The appealability of district court orders denying the defendant’s motion to avoid trial was established in Ab-ney v.

    Cited 21 timesPublished
  • 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.

    Cited 1 timesPublished
  • Diaz-Covarrubias v. Mukasey

    551 F.3d 1114 · Court of Appeals for the Ninth Circuit · Jan 9, 2009

    For an alien to qualify as an immediate relative, a United States citizen must file a Form 1-130 petition on the alien’s behalf, and the petition must be approved by the USCIS. 8 C.F.R. § 204.1 (a); see also Diouf v. … As noted above, there is no law to apply, either in the form of an “established agency polic[y]” or otherwise. Alcaraz, 384 F.3d at 1161 .

    Cited 69 timesPublished
  • Daubert v. Lindsay Unified School District

    760 F.3d 982 · Court of Appeals for the Ninth Circuit · Jul 25, 2014

    These arguments misconstrue the regulatory scheme, and therefore fail to establish that the School District excludes Daubert in violation of Title II. A. … As discussed above, Title II’s implementing regulations clearly distinguish facilities from programs.

    Cited 47 timesPublished
  • 30 Fair empl.prac.cas. 703, 30 Empl. Prac. Dec. P 33,174 Hung Ping Wang v. Martin L. Hoffman, Secretary of the Army, and Donald R. Rumsfeld, Secretary of Defense

    694 F.2d 1146 · Court of Appeals for the Ninth Circuit · Dec 17, 1982

    He cannot be required to prove that he qualified for promotions under a system he alleges to be discriminatory unless the legitimacy of that system is first established. … is not likely to enhance stability in an area of law already fraught with uncertainty. 22 Since I conclude that the trial judge properly applied the law to the facts as he found them and that the Findings of Fact are not clearly

    Cited 1 timesPublished
  • UNITED STATES of America, Plaintiff-Appellee, v. Michael Lee SPARKS, Defendant-Appellant

    87 F.3d 276 · Court of Appeals for the Ninth Circuit · Jun 21, 1996

    The court found that the statutory crime was “a violent felony,” commission of which qualified Sparks as an armed career criminal. … State, 86 Nev. 451, 454 , 470 P.2d 417, 419 (1970) (holding that when a defendant’s intent to commit the crime is clearly shown, slight acts done in furtherance of that crime constitute the attempt).

    Cited 17 timesPublished
  • Sierra Club, a California Non-Profit Corporation v. United States Postal Service

    549 F.2d 1199 · Court of Appeals for the Ninth Circuit · Mar 21, 1977

    Goldberg does not, however, establish a rigid standard to be applied in determining whether the principles of procedural due process have been satisfied. … Due process clearly requires no more under the circumstances.

    Cited 6 timesPublished
  • George F. Delno v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare

    347 F.2d 159 · Court of Appeals for the Ninth Circuit · Jun 7, 1965

    Under the scheme of the Act, qualifying income may be received either as “wages” ( 42 U.S.C.A. § 409 ) or “net earnings from self-employment” (42 U.S. C.A. § 411(a)). … Evidence that appellant devoted a great deal of time to the former did not establish, as the Council assumed, that he devoted little time to the latter.

    Cited 47 timesPublished
  • Swift v. Lewis

    901 F.2d 730 · Court of Appeals for the Ninth Circuit · Apr 6, 1990

    Once a sufficient factual record is developed, the district courts should also reconsider whether the defendants are immune from damage liability because their actions were objectively reasonable in light of the legal rules … that were clearly established at the time of their actions.

    Cited 36 timesPublished
  • LEGAL AID SERVICES OF OR. v. Legal Services Corp.

    608 F.3d 1084 · Court of Appeals for the Ninth Circuit · Jun 4, 2010

    PREGERSON, Circuit Judge, amended partial dissent: In 1974, Congress established the not-for-profit Legal Services Corporation (“LSC”) for the purpose of distributing grants to enable qualifying legal service organizations … immunity judgment should "use its full knowledge of its own and other relevant precedents”) (internal quotation marks omitted); Agyeman v.

    Cited 45 timesPublished
  • United States v. Marks

    187 F.2d 724 · Court of Appeals for the Ninth Circuit · May 15, 1951

    itemized as shown in the footnote. 2 There are two questions for decision, (1) whether the livestock loss “arose out of the combat activities of military personnel of the United States” within the intendment of the proviso qualifying … The court found that the government failed to establish this setoff by a preponderance of the evidence. The finding is not clearly erroneous and must be accepted. 4 .

    Cited 4 timesPublished
  • Brewer v. Lewis

    989 F.2d 1021 · Court of Appeals for the Ninth Circuit · Mar 2, 1993

    The issue here is whether petitioner Elsie Brewer, as purported next friend of John Brewer, qualifies as the “petitioner” for purposes of our rule prior to establishing her standing as a next friend. … Brewer failed to clearly establish her standing, because the record shows that she did not provide the meaningful evidence which Whitmore and Baal demand.

    Cited 49 timesPublished
  • Ochoa-Amaya v. Gonzales

    Court of Appeals for the Ninth Circuit · Mar 21, 2007

    Rejecting Ochoa- Amaya’s interpretation of the CSPA’s formula for calculating whether an alien qualifies as a child, BIA concluded that Ochoa-Amaya failed to meet his burden to establish prima facie eligibility for adjustment … While subsection (h)(2) does refer to a relationship described in § 1153, it clearly identifies a petition filed under § 1154, which includes the I-130 petition adjudicated by INS.

    Cited 0 timesPublished
  • John Phillip Smith v. William B. Ricks, John Phillip Smith, Jerome Berg, Esq. v. William B. Ricks, John Phillip Smith v. William B. Ricks, John Phillip Smith v. William B. Ricks

    31 F.3d 1478 · Court of Appeals for the Ninth Circuit · Aug 11, 1994

    Smith responded he had been "automatically terminated" from O'Connor because he was not able to associate himself with an "established group." Dr. … The law clearly entitled Good Samaritan to immunity, and Dr. Smith could point to no evidence of an antitrust conspiracy. Consequently, Dr.

    Cited 0 timesPublished
  • UNITED STATES of America, Appellee, v. Julian S. H. WEINER, Marvin Al Lichtig and Solomon Block, Appellants

    578 F.2d 757 · Court of Appeals for the Ninth Circuit · Jul 21, 1978

    In this case the disputed statements were clearly made during and in furtherance of the conspiracy. … There was clearly sufficient evidence to support the jury’s conviction of Lichtig on Count 75.

    Cited 138 timesPublished
  • Marcus Briceno v. Blake Williams

    Court of Appeals for the Ninth Circuit · May 20, 2022

    On the merits of the qualified immunity analysis, we ask two questions: (1) Did the officer’s conduct violate a constitutional right? (2) Was the right clearly established at the time of the alleged misconduct? … ” based on properly characterized facts to “entertain” this prong of the qualified immunity analysis as well.

    Cited 0 timesUnpublished
  • Aspen Skiing Co. v. Cherrett (In Re Cherrett)

    873 F.3d 1060 · Court of Appeals for the Ninth Circuit · Oct 16, 2017

    way, whether the rule of law as applied to the established facts is or is not violated.” … The Bankruptcy Court Did Not Clearly Err by Finding That Cher-rett Incurred the Housing Loan Primarily for a Non-Consumer Purpose.

    Cited 28 timesPublished
  • Prudential Locations LLC v. U.S. Department of Housing & Urban Development

    739 F.3d 424 · Court of Appeals for the Ninth Circuit · Oct 9, 2013

    In Landano, the Court established the criteria by which a law enforcement “source” can qualify as “confidential” within the meaning of Exemption 7(D). See Landano, 508 U.S. at 179–80. … Once a nontrivial privacy interest is established, the next stage of the analysis is to evaluate whether invasion of that interest is “clearly unwarranted” by the countervailing public interest in disclosure.

    Abrogated on other grounds by Animal Legal Defense Fund v. U.S. Food & Drug Administration, 836 F.3d 987 (2016)Cited 22 timesPublished
  • Wong v. Regents Univ. of Ca

    Court of Appeals for the Ninth Circuit · Jun 7, 2005

    Wong I clearly set out four elements Wong would have to prove, and this was one of them. … The word ‘substantial’ thus clearly pre- cludes impairments that interfere in only a minor way . . . from qualifying as disabilities.” Id. at 197.

    Cited 0 timesPublished
  • William H. Traver v. David Meshriy

    627 F.2d 934 · Court of Appeals for the Ninth Circuit · Aug 25, 1980

    Gibson also asserts that the detention of Traver is subject to a qualified immunity under California’s “shopkeeper’s privilege.” … Motion for New Trial In determining whether to grant a new trial, the district court must decide whether, in its conscientious opinion, the verdict is clearly contrary to the weight of the evidence.

    Cited 134 timesPublished

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