Case law

Montclair Parkowners Ass'n v. City of Montclair

211 F.3d 1144 · Court of Appeals for the Ninth Circuit · May 8, 2000

Champion Int’l Corp. v. Brown, 731 F.2d 1406, 1408 (9th Cir.1984). … Lambert v.

Dash, Inc., Dba the Arches v. The Alcoholic Beverage Control Appeals Board Baxter Rice, Director of the Department of Alcoholic Beverage Control the Department of Alcoholic Beverage Control, and Elmer O. Locker, Jr., and Joyce M. Locker, and v. Alcoholic Beverage Control Appeals Board Baxter Rice, Director of the Alcoholic Beverage Control the Department of Alcoholic Beverage Control, and Elmer O. Locker, Jr., and William Coleman, and v. Alcoholic Beverage Control Appeals Board Baxter Rice, Director of the Alcoholic Beverage Control the Department of Alcoholic Beverage Control, And

683 F.2d 1229 · Court of Appeals for the Ninth Circuit · Aug 10, 1982

Before BROWNING and ANDERSON, Circuit Judges, and BILBY, District Judge * . J. BLAINE ANDERSON, Circuit Judge: I. BACKGROUND 1 Dash, Inc., the Lockers, and Mr. … Walsh v.

National Wildlife Federation v. Espy

45 F.3d 1337 · Court of Appeals for the Ninth Circuit · Jan 20, 1995

An EIS is normally not required where agency action is mandatory, see Forelaws on Board v. … The Baxters urge us to follow Vieux Carre Property Owners v. Brown, 875 F.2d 453 (5th Cir.1989).

Zeferino Mendez-Gutierrez v. Alberto R. Gonzales, Attorney General

444 F.3d 1168 · Court of Appeals for the Ninth Circuit · Apr 17, 2006

The Board’s determination of purely legal questions is reviewed de novo. Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000). We thus review de novo whether the Board is bound by the scope of our remand. … In United States v.

Service Employees International Union v. National Labor Relations Board

440 F. App'x 524 · Court of Appeals for the Ninth Circuit · Jun 28, 2011

NATIONAL LABOR RELATIONS BOARD, Respondent. CAROLE JEAN BADERTSCHER, No. 10-72182 Petitioner, NLRB No. 21-CB-14428 v. … NATIONAL LABOR RELATIONS No. 10-72481 BOARD, NLRB No. 21-CB-14428 Petitioner, v.

Jose Guadalupe Larita-Martinez v. Immigration and Naturalization Service

220 F.3d 1092 · Court of Appeals for the Ninth Circuit · Jul 21, 2000

Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (citations omitted). We first examine whether the Board committed an error constituting a due process violation. … See Man v.

National Labor Relations Board, and Hotel-Motel-Restaurant Employees & Bartenders Union, Local 86, Hotel, Restaurant & Bartenders International Union, Afl-Cio, Intervenor v. Silver Spur Casino, National Labor Relations Board, and Hotel-Motel-Restaurant Employees & Bartenders Union, Local 86, Intervenor v. Nevada Club, Inc., National Labor Relations Board, and Hotel-Motel-Restaurant Employees & Bartenders Union, Local 86, Intervenor v. Sparks Nugget, Inc., D/B/A John Ascuaga's Nugget, National Labor Relations Board, and Hotel-Motel-Restaurant Employees & Bartenders Union, Local 86, Intervenor v. Barney's Club, Inc., National Labor Relations Board, and Hotel-Motel-Restaurant Employees & Bartenders Union, Local 86, Intervenor v. Finally, Inc., D/B/A the Palace Club

623 F.2d 571 · Court of Appeals for the Ninth Circuit · Jul 14, 1980

without the Board's or General Counsel's consent (Silver Spur; Sparks Nugget ). 33 In NLRB v. … We enforce the Board's order on this issue; substantial evidence on the record as a whole supports the Board's determination. V.

Hartikka v. United States

754 F.2d 1516 · Court of Appeals for the Ninth Circuit · Mar 6, 1985

See Chilcott v. Orr, 747 F.2d 29, 32-34 (1st Cir.1984). See also, Peeples v. Brown, 444 U.S. 1303, 1305 , 100 S.Ct. 381, 383 , 62 L.Ed.2d 300 (1979). … Sampson v.

Oregon v. Ashcroft

368 F.3d 1118 · Court of Appeals for the Ninth Circuit · May 26, 2004

NLRB v. Brown, 380 U.S. 278, 291-92 , 85 S.Ct. 980 , 13 L.Ed.2d 839 (1965) (citation and quotation marks omitted); cf. FDA v. … Brown & Williamson Tobacco Corp., 529 U.S. 120, 133 , 120 S.Ct. 1291 , 146 L.Ed.2d 121 (2000).

Davidowitz v. Delta Dental Plan of California, Inc.

946 F.2d 1476 · Court of Appeals for the Ninth Circuit · Oct 28, 1991

Three months later, in Franchise Tax Board v. … Central Transport, Inc., 472 U.S. 559, 568 , 105 S.Ct. 2833, 2839 , 86 L.Ed.2d 447 (1985) ("[ERISA] trust documents cannot excuse trustees from their duties under ERISA...."); Brown v.

Moller v. State Personnel Board

105 F.3d 665 · Court of Appeals for the Ninth Circuit · Dec 31, 1996

Heller v. … Green v.

Duranceau v. Wallace

743 F.2d 709 · Court of Appeals for the Ninth Circuit · Sep 25, 1984

If a dispute remains, the Department offers a hearing before its Conference Board as a kind of non-binding arbitration. … See Brown v. Liberty Loan Corp., 539 F.2d 1355 (5th Cir.1976), cert. denied, 430 U.S. 949 , 97 S.Ct. 1588 , 51 L.Ed.2d 797 (1977); First National Bank v. Hasty, 410 F.Supp. 482 (E.D.Mich.1976); Halpern v.

UNITED STATES of America, Plaintiff-Appellee, v. Ference LANG, Defendant-Appellant

149 F.3d 1044 · Court of Appeals for the Ninth Circuit · Jul 21, 1998

Lang told Brown that the narcotics were in the Blazer. Brown searched the Blazer and found $8,550 in cash in the glove compartment, but did not find any crack cocaine. … In Nix v.

Equal Employment Opportunity Commission v. Pape Lift, Inc.

115 F.3d 676 · Court of Appeals for the Ninth Circuit · Jun 2, 1997

Montiel v. City of Los Angeles, 2 F.3d 335, 342 (9th Cir.1993). A district court’s decision concerning a motion for a new trial is reviewed for an abuse of discretion. Browning-Ferris Indus. of Vermont, Inc. v. … See also Brown v.

Swanigan v. Perez

265 F. App'x 582 · Court of Appeals for the Ninth Circuit · Jan 24, 2008

See Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1127-28 (9th Cir.2006). Swanigan contends that the California Board of Prison Terms’ (the “Board”) 2003 decision to deny him parole violated his due process rights. … We conclude that there was no due process violation because some evidence supports the Board’s decision. See Superintendent v. Hill, 472 U.S. 445, 454-56 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985); Irons v.

United States v. Branden Pete

819 F.3d 1121 · Court of Appeals for the Ninth Circuit · Apr 11, 2016

Pete and Harris held Brown down while Cepi, who had retrieved a large rock, threw it onto her head. Brown’s face was bleeding, but she continued to breathe, making “stuffy nose” sounds. … As an example, the prosecutor referred to Pete’s behavior, throwing the rock that probably killed Brown, while Harris refused to participate in stoning Brown.

United States v. Juan Perez-Castro

606 F.2d 251 · Court of Appeals for the Ninth Circuit · Aug 31, 1979

Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963); Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975); United States v. … The question of whether or not inculpatory statements are the products of free will under Wong Sun and Brown depend upon the facts of each case. Brown, 422 U.S. at 603 , 95 S.Ct. 2254 ; United States v.

Crystal Palace Gambling Hall, Inc. v. Mark Twain Industries, Inc.

817 F.2d 1361 · Court of Appeals for the Ninth Circuit · May 20, 1987

Gifford v. Heckler, 741 F.2d 263, 266 (9th Cir.1984). … Perry v. O’Donnell, 759 F.2d 702 , 704-06 (9th Cir.1985).

No. 85-6081

827 F.2d 519 · Court of Appeals for the Ninth Circuit · Sep 3, 1987

Before BROWNING, Chief Judge, GOODWIN and FARRIS, Circuit Judges. JAMES R. … Such a suit is not within the exclusive primary jurisdiction of the Board. See Connell Constr. Co. v.

Roberts v. Hartley

640 F.3d 1042 · Court of Appeals for the Ninth Circuit · Apr 12, 2011

Roberts appeared before the Board for consideration of his eligibility for parole in June 2006. He had been convicted of  ROBERTS v. … See, e.g., Pearson v. Muntz, 625 F.3d 539 (9th Cir. 2010); Pirtle v. Cal. Bd. of Prison Terms, 611 F.3d 1015 (9th Cir. 2010).