Case law

Robert Saenz v. A. Pelayo

Court of Appeals for the Ninth Circuit · Jan 13, 2020

The district court properly granted summary judgment for defendant Pelayo on Saenz’s deliberate indifference claim on the basis of qualified immunity because it would not have been clear to every reasonable prison official … Rickard, 572 U.S. 765, 778-79 (2014) (officials sued under § 1983 are entitled to qualified immunity unless they violated a right that was clearly established; “a defendant cannot be said to have violated a clearly established

Larry L. Jones Janet Jones v. Etrade Mortgage Corporation Etrade Bank

397 F.3d 810 · Court of Appeals for the Ninth Circuit · Feb 11, 2005

It identified the Joneses and their property and established a loan amount of $201,000 at an interest rate of 7.25 percent. … To that end, the law requires creditors to “clearly and conspicuously disclose” borrowers’ rights to rescind a home mortgage loan, in accordance with regulations of the Federal Reserve Board. 15 U.S.C. § 1635 (a).

United States v. California-Oregon Plywood, Inc., a Corporation

527 F.2d 687 · Court of Appeals for the Ninth Circuit · Dec 15, 1975

Finally, the court noted that the SBA could have protected its interest by withholding sufficient funds to pay the lien if established. 317 F.Supp. at 375-6 . … to subordinate the federal lien to the state tax lien, we need not reach the contention urged upon us by the government for the first time on appeal that absent such' intent the federal interest would be constitutionally immune

United States v. Thomas W. Lefner, United States of America v. David H. Jones

422 F.2d 1021 · Court of Appeals for the Ninth Circuit · Feb 17, 1970

While such statements may be error, they clearly do not constitute reversible error, particularly when considered in the context in which they were made. … Furthermore, no objection was *1024 made to the now challenged statements at the time they were made, and the prosecutor qualified the statements by comments which would seem to remove any adverse effect.

Warren Jones Company v. Commissioner of Internal Revenue

524 F.2d 788 · Court of Appeals for the Ninth Circuit · Sep 22, 1975

Congress clearly understood that the 1924 statute might subject some taxpayers to the hardships discussed by the Tax Court majority. … Comm’r, 426 F.2d 1391 (9th Cir. 1970), and the disputed finding in the present case is most assuredly not clearly erroneous. 6 .

Day v. Apoliona

Court of Appeals for the Ninth Circuit · Aug 6, 2007

While we observed that “[t]he Admission Act clearly mandates establishment of a trust for the betterment of native Hawaiians,” we did not dis- cuss the question in any detail, because “[t]he defendants [did] not seriously … [3] For similar reasons, we conclude that Akaka II is also not clearly irreconcilable with Gonzaga, 536 U.S. 273.

United States v. Johnson

88 F. App'x 191 · Court of Appeals for the Ninth Circuit · Feb 13, 2004

In this appeal, Johnson contends that the district court’s determination that he did not qualify for the safety valve was based, once again, on the district court’s application of an incorrect standard of proof. … At the outset of the hearing, the district court stated that it believed that “the question is whether or not that the defendant established by a preponderance of the evidence that it is clearly improbable that those weapons

Stephen Fon v. Merrick Garland

34 F.4th 810 · Court of Appeals for the Ninth Circuit · May 18, 2022

GARLAND qualifies as a “question of law” that courts may review under INA § 242(a)(2)(D), but expressly declining to address whether U.S. … Notably, in applying these rules, the BIA has squarely held that “[t]he clearly erroneous standard therefore does not apply to the application of legal standards, such as whether the facts established by an alien amount to

Tag Althof v. John Hinlan

Court of Appeals for the Ninth Circuit · May 28, 2014

The Defendants are entitled to qualified immunity on Althof’s § 1983 claim, because the asserted constitutional right was not clearly established at the time of the alleged violation.2 See Harlow v. … I disagree with the conclusion that the asserted constitutional right was not clearly established at the time of the alleged violation.

Spokane Lefcu v. Marcella Barker

839 F.3d 1189 · Court of Appeals for the Ninth Circuit · Oct 27, 2016

Barker’s bankruptcy schedules simply do not meet either of the prongs required to establish an informal proof of claim. … Timing aside, Barker’s bankruptcy schedules do not qualify as a debtor’s proof of claim.

Capistrano Unified School District v. Jeremy Wartenberg, by and Through His Parents, Wayne & Charlene Wartenberg, in Their Individual Capacity and on Behalf of Jeremy Wartenberg California Department of Education California Superintendent of Public Instruction, Capistrano Unified School District, Plaintiff-Counter-Defendant-Appellant v. Jeremy Wartenberg, by and Through His Parents, Wayne & Charlene Wartenberg, in Their Individual Capacity and on Behalf of Jeremy Wartenberg California Department of Education California Superintendent of Public Instruction McGeorge School of Law Marguerita Fa-Kaji, and Wayne Wartenberg Charlene Wartenberg, Counter-Defendants-Appellees

59 F.3d 884 · Court of Appeals for the Ninth Circuit · Jul 5, 1995

She concludes that because attention-deficit disorder "can" be part of a specific learning disability, Jeremy qualifies for private placement. The latter is subject to being clearly erroneous. … The explanatory letter, however, does not purport to establish attention-deficit disorder as a qualifying disability.

ESTATE OF

964 F.2d 959 · Court of Appeals for the Ninth Circuit · May 20, 1992

In Nicholson, the settlors had not clearly manifested an intent that the trust qualify for the QTIP deduction. … Certainly, the Trust Agreement could have been more clearly drafted.

Ellis v. Inman, Poulsen & Co.

131 F. 182 · Court of Appeals for the Ninth Circuit · Jun 6, 1904

Does the fact that the whole combination and its success are made possible by the adventitious circumstance that no one has yet seen fit to invest the capital necessary to establish a competing plant at Vancouver render the … If such is the law, it follows that, to secure immunity for every such combination, it is necessary only to bring into it all manufacturers of its line of goods, and to intrench it behind the proposition that the resulting

Church Of Scientology Of California v. United States Postal Service

593 F.2d 902 · Court of Appeals for the Ninth Circuit · Mar 26, 1979

II. 5 Since the time of the challenged Order, filed December 19, 1975, Congress amended the FOIA 6 by qualifying Exemption 3 with conditions that a statute must satisfy if it is to be considered as one specifically exempting … The legislative history to the amendment clearly evinces Congress' intention to overrule the Supreme Court's expansive interpretation given to the original version of Exemption 3 in Administrator, FAA v.

Fortino Alvarez v. Randy Tracy

835 F.3d 1024 · Court of Appeals for the Ninth Circuit · Aug 30, 2016

It clearly does not. 1 Congress modified the safeguards regarding imprisonment and the criminal jury trial in the ICRA. … Shortly after ICRA's enactment, the Supreme Court confirmed that states need not provide a jury trial for "[c]rimes carrying possible penalties up to six months ... if they otherwise qualify as petty offenses.”

Ernesto Salgado-Diaz v. John Ashcroft, Attorney General, Ernesto Salgado-Diaz v. John Ashcroft, Attorney General

395 F.3d 1158 · Court of Appeals for the Ninth Circuit · Jan 31, 2005

Clearly, Salgado-Diaz’s arrest and expulsion had a prejudicial impact on his underlying immigration proceedings. … The INS is correct that petitioner would not qualify for relief under IIRIRA’s rules, which took effect in April 1997.

United States v. Stanford

70 F. 346 · Court of Appeals for the Ninth Circuit · Oct 12, 1895

On the 15th day of March, 1895, the United States filed a bill in equity in the circuit court of the United States for the northern district of California to establish a claim for $15,237,000 against the estate of Leland … The act vested the Union Pacific Railroad Company with all the powers, privileges, and immunities necessary to carry into effect the purposes of the act.

Mondaca-Vega v. Holder

808 F.3d 413 · Court of Appeals for the Ninth Circuit · Dec 15, 2015

Nothing about this determination implicates “broadly social judgments” or opinions “regarding the whole nature of our Government and the duties and immunities of citizenship.” … Notably, in 8 U.S.C. § 1229a(c)(3)(A), Congress required the government to establish deportability by "clear and convincing” evidence.

Cuellar De Osorio v. Mayorkas

656 F.3d 954 · Court of Appeals for the Ninth Circuit · Sep 2, 2011

After the petition is filed, CIS determines if it establishes a qualifying relationship between the citizen or LPR petitioner and the alien relative beneficiary. … If an I-130 petition establishes one of these qualifying relationships, CIS approves it and places the alien beneficiary “in line” in the appropriate preference category.

United States v. Raymond Fryberg, Jr.

854 F.3d 1126 · Court of Appeals for the Ninth Circuit · Apr 21, 2017

Gammie, 335 F.3d 889, 895–96 (9th Cir. 2003) (en banc) (noting the “well- established and well-understood common-law tradition that extended absolute immunity to individuals performing functions necessary to the judicial … That finding is not clearly erroneous.