Case law

Atonio v. Wards Cove Packing Co.

810 F.2d 1477 · Court of Appeals for the Ninth Circuit · Feb 23, 1987

Bethlehem Steel Corp., 635 F.2d 1007, 1019 (2d Cir. 1980) (noting that some members of the plaintiff class were clearly qualified, despite the employers’ protestations to the contrary), cert. denied, 452 U.S. 940 , 101 S.Ct … If this were treated as a job qualification, under my analysis the impact analysis would apply, but the plaintiffs would have failed to establish a prima facie case because they were not qualified.

Et Min Ng v. Herbert Brownell, Jr., Attorney General of the United States

258 F.2d 304 · Court of Appeals for the Ninth Circuit · Aug 5, 1958

This brings us to appellant’s argument that the finding of fact that he is not the son of Hung Way Ng is clearly erroneous. … was a highly qualified expert serologist.

Brown v. City of Santa Ana

94 F.3d 650 · Court of Appeals for the Ninth Circuit · Aug 15, 1996

At the time of Brown's arrest, the law was not clearly established such that Walters would have known that the Santa Ana Police Department's policy authorizing the use of its dogs would violate a clearly established right … immunity.

United States v. Bolanos-Hernandez

492 F.3d 1140 · Court of Appeals for the Ninth Circuit · Aug 6, 2007

The documents established that Bolanos was charged and convicted of violating Cal.Penal Code §§ 220 and 261(a)(2). … To determine whether a defendant’s particular prior offense qualifies as a crime of violence under § 2L1.2(b)(1)(A)(ii), we look to the framework established by Taylor v.

United States v. Robert Pleasant

704 F.3d 808 · Court of Appeals for the Ninth Circuit · Jan 2, 2013

Applying Justice Sotomayor’s test here, Pleasant’s sentence was clearly “based on” the crack-cocaine guidelines because: (1) the plea agreement expressly used § 2D1.1(c) to set the stipulated sentence; and (2) because that … As discussed above, Freeman established that, under § 3582(c)(2), a defendant’s sentence is “based on” whatever guidelines the parties have agreed to in a (C) agreement.

Tony Melendez Longoria v. Robert G. Borg, Warden, and Bernie Aispuro, Warden

28 F.3d 106 · Court of Appeals for the Ninth Circuit · Jul 13, 1994

Qualified immunity protects government officials who perform discretionary functions from civil damages liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Fitzgerald, 457 U.S. 800 (1982). 4 To determine whether an official is entitled to qualified immunity, a court must determine (1) whether the right allegedly violated was "clearly established" at the time of the alleged violation

Billy Russell Clark v. Tim Murphy

317 F.3d 1038 · Court of Appeals for the Ninth Circuit · Jan 23, 2003

The court concluded that the Arizona Court of Appeals’ finding that Clark’s statement was ambiguous was not contrary to or an unreasonable application of clearly established federal law. … the Supreme Court. 3 The only definitive source of clearly established federal law under AEDPA is the holdings (as opposed to the dicta) of the Supreme Court as of the time of the state court decision.

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.

Mary Anne Bendixen v. Standard Insurance Company

185 F.3d 939 · Court of Appeals for the Ninth Circuit · Aug 2, 1999

In this case, the policy language clearly confers discretion on Standard to decide whether a claimant is disabled. 1 Therefore, the standard is abuse of discretion. … The court qualified this exception stating that "[t]he district court should exercise its discretion, however, only when circumstances clearly establish that additional evidence is necessary to conduct an adequate de novo

Jones v. Bradley

590 F.2d 294 · Court of Appeals for the Ninth Circuit · Jan 11, 1979

The ULC as a Religion It is clearly impermissible to inquire into the “truth” of religious doctrines or beliefs. United States v. Ballard, 322 U.S. 78 , 64 S.Ct. 882 , 88 L.Ed. 1148 (1944). … Under the standards of these cases, the ULC probably would not qualify as a religion. Expert testimony heard by the district court also urged this conclusion. But see Remmers v.

National Nut Co. of California v. Sontag Chain Stores Co.

107 F.2d 318 · Court of Appeals for the Ninth Circuit · Nov 3, 1939

Therefore the defendant in this suit is not aided by any theory that it acquired the machine from one who had an immunity from suit prior to the time of the reissue, and by reason thereof was likewise protected by such immunity … Associated Automatic Sprinkler Co., 3 Cir., 1917, 241 F. 252, 253 , 254: “The law upon the question of priority of invention is well established.

Ronald S. Burgo v. Edwin T. Shimoda

990 F.2d 1256 · Court of Appeals for the Ninth Circuit · Mar 17, 1993

indifference." 6 Qualified immunity protects government officials who perform discretionary functions from liability for damages if their conduct does not violate clearly established statutory or constitutional rights of … This decision does not affect our determination of whether Burgo had a clearly established right at the time of the alleged violation, for purposes of Shimoda's claim of qualified immunity. See Anderson v.

Marc A. Stretten v. Wadsworth Veterans Hospital

537 F.2d 361 · Court of Appeals for the Ninth Circuit · May 18, 1976

The Congress clearly meant to use the term “physician” as a title of a position and not as synonymous with a holder of an M.D. degree. … “(b) The Administrator shall have authority to establish residencies and internships; to appoint qualified persons to such positions without regard to civil-service or classification laws, rules, or regulations; and to prescribe

Federal Housing Administration v. Morris Plan Co. Of California

211 F.2d 756 · Court of Appeals for the Ninth Circuit · May 12, 1954

This finding is not clearly erroneous and therefore must be accepted by us as determinative of the question. … Thus, while the Owens loans fail to qualify as a Class-1 (a) loan because in excess of $2,-500, they fully qualify as a Class-1 (b) loan and appellee is entitled to recover for losses incurred thereon.

David Pickup v. Edmund Brown, Jr.

Court of Appeals for the Ninth Circuit · Jan 29, 2014

“It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.” Grayned v. City of Rockford, 408 U.S. 104, 108 (1972). … Indeed, it is hard to understand how therapists who identify themselves as SOCE practitioners can credibly argue that they do not understand what practices qualify as SOCE.

Anthony Mitchell v. Joseph Chronister

Court of Appeals for the Ninth Circuit · Oct 3, 2018

when considered in the light most favorable to the plaintiff, show no violation of a constitutional right, or no violation of a right that is clearly established in law.” … Our jurisdiction, however, “does not extend to all denials of qualified immunity on summary judgment.” Id. at 945.

Quantum Exploration, Inc. v. William Clark, Secretary, United States Department of the Interior

780 F.2d 1457 · Court of Appeals for the Ninth Circuit · Jan 21, 1986

The right to “reconsider” clearly indicates that the tribe has the right to rescind the agreement. … The Blackfeet Indian Tribe is a federally recognized tribe possessing "the common-law immunity from suit traditionally enjoyed by sovereign powers.” Santa Clara Pueblo v.

United States v. Michael I. Blumenthal

945 F.2d 280 · Court of Appeals for the Ninth Circuit · Sep 20, 1991

He contends it was error not to instruct the jury that a specific intent to deceive is necessary to establish a violation of this statute. He also appeals several evidentia-ry issues. … The Court’s statement relied on by Blumenthal appears to be qualified by the passage preceding it. Blumenthal’s argument is foreclosed by several decisions of this court, beginning with United States v.

Samueli v. CIR

661 F.3d 399 · Court of Appeals for the Ninth Circuit · Nov 1, 2011

Taxpayers bear the burden of establishing their entitlement to the interest deduction. Gatto v. … The assumptions made in the Opin- ion do not establish clear error on the part of the Tax Court. For that reason, I would affirm the Tax Court decision in its entirety.

Delgado-Paredes v. Lynch

624 F. App'x 503 · Court of Appeals for the Ninth Circuit · Nov 24, 2015

between them cannot be clearly erroneous.”). … Contrary to Delgado-Paredes’ contention, the agency applied the correct legal standard in determining that he had not established the requisite periods of good moral character to qualify for cancellation of removal or voluntary