Case law

Jinro America Inc. v. Secure Investments, Inc.

266 F.3d 993 · Court of Appeals for the Ninth Circuit · Sep 14, 2001

In short, the requirement that an expert’s testimony pertain to “scientific knowledge” establishes a standard of evidentiary reliability. … Our case-law, and that of other circuits, establishes that this is an impermissible syllogism.

Michael Sklar Marla Sklar v. Commissioner of Internal Revenue

282 F.3d 610 · Court of Appeals for the Ninth Circuit · Feb 27, 2002

a new policy governing charitable contributions to a particular religious organization which, while the pertinent statute may be unclear, clearly contravenes a prior Supreme Court holding. … Clearly it does, as this tax deduction is available only to members of the Church of Scientology.

United States v. Willena Stargell

738 F.3d 1018 · Court of Appeals for the Ninth Circuit · Oct 17, 2013

The summary chart clearly shows that the banks did not lose any refund money on the other three returns in question here. … STARGELL 13 established the loss-amount by clear and convincing evidence.

United States v. Baza-Martinez

323 F. App'x 576 · Court of Appeals for the Ninth Circuit · Apr 23, 2009

Baza-Martinez contends that, at resen-tencing, the district court should not have evaluated whether his prior conviction qualified as a crime of violence under the Guidelines because we had already decided that issue. … Baza-Martinez next contends that the new evidence presented at resentencing did not clearly and unequivocally establish that his prior conviction was based on qualifying conduct. We disagree. See United States v.

United States v. Francisco Maria Mota, United States of America v. Juan Maria Mota

982 F.2d 1384 · Court of Appeals for the Ninth Circuit · Jan 8, 1993

In appraising the validity of a search incident to arrest, we “review de novo the application of established facts to legal standards.” United States v. … The Court concluded that: evidence obtained by state officers during a search which, if conducted by federal officers, would have violated the defendant’s immunity from unreasonable searches and seizures under the Fourth

United States v. Snellenberger

548 F.3d 699 · Court of Appeals for the Ninth Circuit · Oct 28, 2008

If Snellenberger's prior conviction qualifies as burglary of a dwelling, it's a crime of violence. … Navarro-Lopez clearly states our new rule that "[t]he modified categorical approach ... only applies when the particular elements in the crime of conviction are broader than the generic crime.

In Re Subpoena Internet Subscribers of Cox Communications, LLC and Coxcom LLC

Court of Appeals for the Ninth Circuit · Aug 15, 2025

This case concerns 17 U.S.C. § 512(h), a provision of the Digital Millennium Copyright Act (DMCA) that establishes an expedited subpoena process through which a copyright holder can obtain the identities of online infringers … To qualify for § 512(e) protection, the educational institution must first qualify for one of the four primary safe harbors, § 512(a)–(d).

Shane Badding v. David Clouse

Court of Appeals for the Ninth Circuit · Jul 19, 2023

Accordingly, Deputy Newman is entitled to qualified immunity. See LSO, Ltd. v. Stroh, 205 F.3d 1146, 1157 (9th Cir. 2000). … Sheriff Clouse is therefore also entitled to qualified immunity. See LSO, 205 F.3d at 1157. Third, Badding’s § 1983 claim under Monell v.

Dan B. Gahn Lorrie Gahn Steven A. Babcock v. Paul Fujino, Officer, and M.D. Lauterbach, Officer, Dan B. Gahn Lorrie Gahn Steven A. Babcock v. Paul Fujino Tim McCombs City of Gold Bar

39 F.3d 1187 · Court of Appeals for the Ninth Circuit · Oct 21, 1994

DISCUSSION I Qualified Immunity 4 A police officer is immune from suit if, "in light of clearly established principles governing the conduct in question, the officer objectively could have believed that his conduct was lawful … The defendant officers are, however, entitled to qualified immunity at summary judgment if after accepting plaintiff's version of the facts as true the officers' alleged conduct was objectively reasonable under clearly established

Southwest Fair Housing Council v. Mdwid

17 F.4th 950 · Court of Appeals for the Ninth Circuit · Nov 12, 2021

As the record demonstrates, that clearly is not the case. It was not picked out of the blue, but because of a specific account in the red. … Thus, to avoid prejudicing the defendant, notice provided during discovery should be made early and should clearly demonstrate the plaintiff is collecting evidence to establish the alternative theory.

Joanne Blight v. City of Manteca

944 F.3d 1061 · Court of Appeals for the Ninth Circuit · Dec 11, 2019

AFFIRMED. 9 In light of our holding that, as a matter of law, Blight’s Fourth Amendment rights were not violated, we need not address whether the individual Defendants would be entitled to qualified immunity … on the basis that the rights at issue were not clearly established at the time of the incident.

United States v. Melchor Orozco-Orozco

94 F.4th 1118 · Court of Appeals for the Ninth Circuit · Mar 12, 2024

But there, the record and arguments established that the defendant’s waiver of judicial review of the final removal order was not considered and intelligent. See id. at 1206. … Lujan-Castro, 602 F.2d 877, 878 (9th Cir. 1979) (per curiam) (“The district court’s conclusion that the waiver was knowingly and intelligently executed is a finding of fact that may not be disturbed unless clearly erroneous

Roy D. Garner v. United States

501 F.2d 228 · Court of Appeals for the Ninth Circuit · Sep 11, 1972

Sullivan clearly establishes that all citizens must file tax returns despite obvious hazards of self-incrimination. … Just as he has no right to be immune from questioning, likewise he is not free to immunize himself from prosecution by volunteering information to the government.

Demetrius Harvey v. City of Oakland

378 F. App'x 700 · Court of Appeals for the Ninth Circuit · May 10, 2010

Because we conclude that defendants did not violate a clearly established right — and are therefore entitled to qualified immunity — we need not address whether Harvey has sufficiently demonstrated a Fourth Amendment violation … Arotzarena is entitled to qualified immunity because he could have reasonably believed in light of all the circumstances that his conduct did not violate the Constitution. Sgt.

Lecia Shorter v. Leroy Baca

895 F.3d 1176 · Court of Appeals for the Ninth Circuit · Jul 16, 2018

Deputies Avalos and Ortiz moved for summary judgment on the ground of qualified immunity. … The district court, construing the evidence in the light most favorable to Shorter, concluded that the deputies were not entitled to qualified immunity because their search practices violated law that was clearly established

Blythe v. National Collegiate Athletic Association

Court of Appeals for the Ninth Circuit · Sep 9, 2026

A district court abuses its discretion if it ‘base[s] its decision on an erroneous legal standard or on clearly erroneous findings of fact.’” Boardman v. Pac. … As the Seventh Circuit recently explained, To establish the theory of anticompetitive effects, . . .

Reddick v. Chater

157 F.3d 715 · Court of Appeals for the Ninth Circuit · Oct 6, 1998

Rather, we will ... take that testimony to be established as true. Varney II, 859 F.2d at 1401 . … In the accompanying disability report filed on April 5, 1993 she lists her disability as "Chronic Immune Dysfunction" or "Chronic Fatigue Syndrome.”

Silvia RIVERA-MORENO, A.K.A. Vilma Aracely Argueta, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

213 F.3d 481 · Court of Appeals for the Ninth Circuit · May 23, 2000

Asylum is granted at the discretion of the Attorney General if the alien qualifies as a “refugee.” … INS, 909 F.2d 1 , 6 n. 4 (1st Cir.1990) ("Only the Ninth Circuit clearly has held that neutrality is a political opinion within the meaning of the Act.”); Perlera-Escobar v.

Kevin Bartholomew v. James Rowland B.J. Bunnell

985 F.2d 571 · Court of Appeals for the Ninth Circuit · Jan 22, 1993

DeRomanette argued they were entitled to qualified immunity because they discharged their duties in good faith and did not violate any clearly established federal law. … Bunnell, on the other hand, did not seek a dismissal based on qualified immunity.

National Union Fire Insurance Co. of Pittsburgh v. Owenby

42 F. App'x 59 · Court of Appeals for the Ninth Circuit · Jul 15, 2002

The bankruptcy court did not clearly err in concluding from these facts that Owenby signed the financial statement with the requisite intent. … In this case, establishment of the debt required recognition of the validity of the New York Judgment.