Case law

United States v. William T. Taylor, United States of America v. Billy J. Florence

693 F.2d 919 · Court of Appeals for the Ninth Circuit · Dec 1, 1982

Applying the “clearly erroneous” standard, United States v. Wilson, 639 F.2d 500, 503 (9th Cir.1981), we affirm the court’s ruling. … The remaining portion stating that Taylor would not participate in a strike was clearly admissible.

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.

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 Internal Revenue Service, Creditor-Appellee v. Donald Snyder, Debtor-Appellant

343 F.3d 1171 · Court of Appeals for the Ninth Circuit · Sep 15, 2003

Cases agreeing with Snyder’s position include In re Wingfield, 284 B.R. 787, 790 (E.D.Va.2002) (“The debtor’s interest in his ... plan is not property of the estate for the purposes of establishing the IRS’s secured claim … be treated as secured because it does not have a ‘lien on property in which the estate has an interest,’ as required by 506(a).”); and In re Wilson, 206 B.R. 808, 810 (Bankr.W.D.N.C.1996) (“[A] federal retirement plan is clearly

Zachary Silbersher v. Valeant Pharmaceuticals Int'l

89 F.4th 1154 · Court of Appeals for the Ninth Circuit · Aug 3, 2023

It is clearly “Federal”: the PTAB is an adjudicatory body of the PTO, an agency within the U.S. Department of Commerce. See 35 U.S.C. § 6(a); Allergan, 46 F.4th at 998. … See 35 U.S.C. § 311(a)–(b) (establishing grounds and scope of IPR proceeding); id. § 313 (describing patent owner’s right to respond); id. § 314 (defining basis for instituting IPR); id. § 316(a)(5) (establishing parties’

United States v. Monico Dominguez

954 F.3d 1251 · Court of Appeals for the Ninth Circuit · Apr 7, 2020

These acts clearly manifest Dominguez’s specific intent to rob a particular place in a particular manner in the immediate future. See Hernandez- Cruz v. Holder, 651 F.3d 1094, 1103 (9th Cir. 2011). … See Still, 850 F.2d at 610 (explaining that the “facts d[id] not establish either actual movement toward the bank 12 UNITED STATES V.

Carlin v. DairyAmerica, Inc.

705 F.3d 856 · Court of Appeals for the Ninth Circuit · Aug 7, 2012

Additionally, the setting of minimum rates by means of formulas established in the FMMOs is a matter which clearly falls within an area of USDA expertise, which most courts would not possess. … Further, the holding of that case was that the defendants could not establish immunity from antitrust claims on the simple basis that the Secretary had “tacitly” approved the higher maturity standards they issued by his failing

Amy Roloff v. Washington County

544 F. App'x 780 · Court of Appeals for the Ninth Circuit · Nov 14, 2013

immunity because precedent in 2010 did not clearly establish that his actions violated the Fourth Amendment. … Ct. 1409, 1414 (2013), had not been decided at the time of Wheeler’s entry onto the Roloffs’ property, and thus play no role in our qualified immunity analysis. 3 did not abuse

Jenkins v. Whittaker Corp.

785 F.2d 720 · Court of Appeals for the Ninth Circuit · Mar 24, 1986

Whittaker argues that LoFiego clearly qualified as an expert and that, as the representative of a party, he had a right to testify as to the party’s theory of how the accident happened. … He was not qualified as an expert, however, and hence did not testify to his opinions or conclusions based on those observations.

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.

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

Jorge Rojas v. Faa

922 F.3d 907 · Court of Appeals for the Ninth Circuit · Apr 24, 2019

If the records of such organizations, when drawn directly into the regulatory process, are immune from public inspection, then government by secrecy must surely return. … For reasons explained here, the withheld documents plainly qualify for Exemption 5 protection as “intra-agency” memoranda. 28 ROJAS V.

Fisher v. Reiser

610 F.2d 629 · Court of Appeals for the Ninth Circuit · Jan 2, 1980

As of February 1, 1977, the NIC was administering 583 pensions that qualified for the 20 percent cost-of-living increases. … The Supreme Court has clearly indicated that all simple residency requirements are not free from constitutional infirmity.

United States v. Marquez-Lerma

203 F. App'x 1 · Court of Appeals for the Ninth Circuit · Sep 27, 2006

Rodriguez-Preciado, 399 F.3d 1118, 1127-28 (9th Cir.2005). 2 That finding was not clearly erroneous. 2. … The court also received the use immunity letters into evidence.

United States v. Rodolfo Trujillo

713 F.3d 1003 · Court of Appeals for the Ninth Circuit · Apr 16, 2013

The government begins with the well- established rule that a district court “may not modify a term of imprisonment once it has been imposed.” 18 U.S.C. § 3582(c). … The statute in terms clearly does not prohibit a second motion. The government contends, 6 UNITED STATES V .

Rony Perez-Guzman v. Loretta E. Lynch

835 F.3d 1066 · Court of Appeals for the Ninth Circuit · Aug 31, 2016

If one subsection’s text were clearly intended to take precedence over the other, our inquiry would be at an end. That both provisions are qualified in certain respects moves us no closer to a clear answer. … Both provisions appear to establish broad and conflicting rules.

Cook v. Galaza

65 F. App'x 106 · Court of Appeals for the Ninth Circuit · Apr 10, 2003

. § 2254 (d)(1) whether the California Court of Appeal’s decision affirming Cook’s sentence was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court … See Andrade, 123 S.Ct. at 1173-74 (holding that it was not contrary to clearly established law for the state court to rely on Rummel).

Carl Curtis v. Irwin Industries, Inc.

913 F.3d 1146 · Court of Appeals for the Ninth Circuit · Jan 25, 2019

He also claims that Irwin violated sections 1194 and 1197 of the California Labor Code, which establish a right to receive the “legal minimum wage” during this 12-hour off-duty period. … minimum wage substantially depend on an analysis of the CBAs, and therefore are preempted under 6 Because we hold that Curtis’s state law overtime claim is preempted by § 301, we need not address whether Curtis “clearly

Clarence Ray Allen v. Jeanne S. Woodford, Warden, of the California State Prison at San Quentin

395 F.3d 979 · Court of Appeals for the Ninth Circuit · Jan 24, 2005

Hunter, 49 Cal.3d 957, 974 , 264 Cal.Rptr. 367 , 782 P.2d 608 (1989) (recognizing Virgin Islands as “the one case which has clearly recognized [judicially conferred immunity]”). b. … Selective Immunization of Witnesses There is no evidence to support Allen’s claim that the prosecutor selectively granted immunity.

Reconstruction Finance Corp. v. Katz

156 F.2d 215 · Court of Appeals for the Ninth Circuit · Jun 14, 1946

Prior to December 31, 1943, appellee owned a retail meat market and hence could not qualify as an “unaffiliated slaughterer” so as to be eligible for the extra compensation. … A judgment so inherently uncertain and tentative clearly lacks the necessary characteristic of finality 4 to authorize an appeal therefrom. As we said in Cole v.