Case law

Notash v. Gonzales

Court of Appeals for the Ninth Circuit · Nov 2, 2005

If the record of conviction does not establish that the offense is a qualifying offense, the government has failed to meet its  NOTASH v. … Tokatly, 371 F.3d at 620-21; see also Ferreira, 390 F.3d at 1095 (“If the record of conviction does not establish that the offense the petitioner committed qualifies as an aggravated felony, the government has not met its

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

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.

Moses v. Payne

555 F.3d 742 · Court of Appeals for the Ninth Circuit · Jan 30, 2009

The state court’s application of clearly established law must be objectively unreasonable.” Id. (citations omitted). … that a state trial court’s exclusion of evidence under Rule 702 violated clearly established Supreme Court precedent.

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.

United States v. Snellenberger

Court of Appeals for the Ninth Circuit · Jul 10, 2007

The government asserted that this prior crime qualified as one of violence under the Guidelines. … The question is not whether the documents are admissible under general rules of evidence, but whether they are adequate to meet the government’s evidentiary burden of clearly and unequivocally establishing the facts underlying

Daniel Warmenhoven v. Netapp, Inc.

13 F.4th 717 · Court of Appeals for the Ninth Circuit · Sep 13, 2021

We held that because the trust agreement met only three of the four § 1102(b) criteria, it could not qualify on its own as the plan’s written instrument. Id. … Our circuit law does not immunize NetApp from liability for its false promises simply because it harbored no ill will or intent to deceive.

Bay Area Addiction Research & Treatment, Inc. v. City of Antioch

179 F.3d 725 · Court of Appeals for the Ninth Circuit · Jun 3, 1999

A district court abuses its discretion if it “ ‘based its ruling on an erroneous view of the law or on a clearly erroneous assessment of the evidence.’ ” Id. (quoting Cooter & Gell v. … The City of Antioch is a qualifying public entity. See 42 U.S.C. § 12131 (1)(A) (1999). .

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 .

N. E. M. v. City of Salinas

Court of Appeals for the Ninth Circuit · Feb 4, 2019

In determining whether an officer is entitled to qualified immunity, we consider “(1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of the … Accordingly, the officers are not entitled to qualified immunity at this summary judgment stage.

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.

Corales v. Bennett

Court of Appeals for the Ninth Circuit · Jun 1, 2009

Eleventh Amendment and Qualified Immunity [24] The district court correctly determined that school dis- tricts in California are immune from § 1983 claims by virtue of Eleventh Amendment immunity. Belanger v. … BENNETT 6485 We need not reach the issue of whether qualified immunity extends to Bennett and Kinley, as Plaintiffs have raised no tri- able issue of fact as to whether either Bennett or Kinley vio- lated

Airline Service Providers Ass'n v. Los Angeles World Airports

873 F.3d 1074 · Court of Appeals for the Ninth Circuit · Oct 16, 2017

The majority is willing to conclude—with little examination of what the full effects of section 25 will be—that the City’s proprietary interest in LAX immunizes section 25 from preemption. … Hartley, Preemption’s Market Participant Immunity—A Constitutional Interpretation: Implications for Living Wage and Labor Peace Policies, 5 U. Pa. J. Lab. & Emp.

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

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.

Gilberto Sebastian-Sebastian v. Immigration and Naturalization Service

195 F.3d 504 · Court of Appeals for the Ninth Circuit · Oct 25, 1999

“[T]o qualify under the Act, the applicant must bring other evidence to show that the persecution was based on political opinion.” Id. … He is, by virtue of his acquired skill, uniquely qualified to decide whether an alien’s testimony has about it the ring of truth.

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.

Steven A. Shirley Peggy A. Shirley v. City of Whitefish, Montana Lonnie Herrmann William Labrie

103 F.3d 140 · Court of Appeals for the Ninth Circuit · Dec 6, 1996

The district court concluded that Shirley failed to show that the law concerning "excessive force" was clearly established for purposes of defeating Herrmann's defense of qualified immunity, and, that even if it had been, … City of Los Angeles, 624 F.2d 935, 938 (9th Cir.1980). 6 As we have stated: "[a]n officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict

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.

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.