Case law

Carriger v. Lewis

948 F.2d 588 · Court of Appeals for the Ninth Circuit · Nov 4, 1991

He also explained that he was motivated to testify against Carriger because he had been granted immunity in exchange for his testimony. … The trial court explained the elements of second-degree murder only to focus the jury more clearly on the elements of first-degree murder.

Microsoft Corporation v. Commissioner of Internal Revenue

311 F.3d 1178 · Court of Appeals for the Ninth Circuit · Dec 3, 2002

The evidence at trial established that computer software, sound recording and motion picture media share many similarities. … Evidence at trial established, however, that the vast majority of jobs created by Microsoft’s export activities are domestic.

Kazarian v. US Citizenship

Court of Appeals for the Ninth Circuit · Mar 4, 2010

Here, although the AAO committed clear legal error, that error “clearly had no bearing” on either “the procedure used or the substance of decision reached.” … Kazarian failed to establish his eligibility for an “extraordinary ability” visa, and the District Court correctly granted USCIS’ sum- mary judgment motion. AFFIRMED.

Paul Weddle v. Alan Nutzman

Court of Appeals for the Ninth Circuit · Jun 6, 2018

Next, “the court decides whether the right is clearly established such that a reasonable government official would have known that his conduct was unlawful in the situation he confronted.” Id. (citation omitted). … We find that, at the time of the incident, even if their use of force was more than the situation required, there did not exist clearly established precedent that would have put the Defendant Officers on notice that their

American Fidelity Fire Insurance Company v. United States District Court For The Northern District Of California

538 F.2d 1371 · Court of Appeals for the Ninth Circuit · Jun 18, 1976

The government first contended that it had not waived its immunity to be sued in the state or district court. … Federal Practice P 0.147, at 1710 n.58 (2d ed. 1975). 26 When a district court rules on a venue change motion totally at odds with the relevant facts, it may make sense to review the decision on the basis whether it is clearly

ROBLETO-PASTORA v. Holder

591 F.3d 1051 · Court of Appeals for the Ninth Circuit · Jan 11, 2010

Here, neither the record nor Robleto’s own testimony establishes past persecution. … See Kaganovich, 470 F.3d at 898(agreeing with BIA’s determination that INA’s refugee provisions could not be read to immunize refugees from the INA’s removal provision).

Flint v. Dennison

488 F.3d 816 · Court of Appeals for the Ninth Circuit · Jun 1, 2007

immunity. … The University, as required by Board of Regents policy, has established ASUM as the associated student organization on the campus.

Indian Oasis-Baboquivari Unified School District No. 40 Of Pima County, Arizona v. Kirk

91 F.3d 1240 · Court of Appeals for the Ninth Circuit · Jul 31, 1996

authority running from Dartmouth College through the Hunter cases and concluded that the Court's occasional rhetorical flourishes to the contrary were just that: 64 [i]t is imperative that generalizations, based on and qualified … While Lead-Deadwood does not establish that political subdivisions have standing to secure federal-court jurisdiction over their constitutional claims, it clearly holds that they may assert a claim of preemption when the

United States v. Lino Catabran

836 F.2d 453 · Court of Appeals for the Ninth Circuit · Jan 6, 1988

Qualified witnesses laid the foundation required by Rule 803(6). … Clearly computerized records are not immune from human error. See Manual for Complex Litigation Second § 21.446 (1985).

Kepilino v. Gonzales

Court of Appeals for the Ninth Circuit · Jul 25, 2006

[Kepilino] does not have a visa petition, and appears not to be qualified for a Section 212(f) waiver of inadmissibility for lack of sufficient time of seven years. … Consequently, neither document establishes that Kepilino’s conduct falls within the C.F.R.’s definition of “prostitution.”

Mercado-Zazueta v. Holder

580 F.3d 1102 · Court of Appeals for the Ninth Circuit · Sep 8, 2009

Thus, the emphasis on section 240A(a)(l)’s requirement of being “lawfully admitted” is clearly misplaced. In re Escobar, 24 I. & N. Dec. at 234 . … As discussed, section 240A(a) was only intended to clarify *1111 “the type of status necessary to qualify for relief.” Id. (emphasis added).

Willie Goffney, Jr. v. Xavier Becerra

995 F.3d 737 · Court of Appeals for the Ninth Circuit · Apr 29, 2021

Specifically, the panel held that the parties’ readings of other provisions of the regulations did not clearly resolve the ambiguity. … One supports Goffney’s reading and others support the government’s, and they do not clearly resolve the ambiguity.

Polakof v. Commissioner

820 F.2d 321 · Court of Appeals for the Ninth Circuit · Jun 22, 1987

“[Ojbjective indicia may be cited to establish the taxpayer’s true intent.” Id. at 726 (citing Treas. Reg. §§ 1.183-2 (a) & (b)(1972)). These ventures were undertaken in an unbusinesslike manner. … Petitioners must be engaged in a trade or business with an actual profit objective to qualify for deduction of ordinary and necessary expenses and depreciation. Hirsch v.

Commodity Futures Trading Commission, and Commissioner of Corporations of the State of California v. Frankwell Bullion Limited Frankwell Investment Services Inc. Maywell Investment Services, Inc. Frankwell Investment Services (Texas) Inc. Frankwell Management Service (New York) Inc., Thomas Taylor, Iii, Receiver. Commodity Futures Trading Commission v. Frankwell Bullion Limited Frankwell Investment Services Inc. Maywell Investment Services, Inc. Frankwell Investment Services (Texas) Inc. Frankwell Management Service (New York) Inc.

99 F.3d 299 · Court of Appeals for the Ninth Circuit · Oct 29, 1996

Once a customer established a position, the position would be automatically "rolled-over" to the next day's "spot" price if the customer did not offset or liquidate his position. … Co Petro clearly was an association of persons engaged in the business of selling commodities (petroleum products) within the plain meaning of the statute defining "board of trade."

United States v. Jennings

Court of Appeals for the Ninth Circuit · Feb 4, 2008

establish a valid waiver of the right to counsel.” … Most, 789 F.2d 1411, 1416 (9th Cir. 1986) (reviewing question of whether defendant initiated conversation under clearly erroneous standard).

Gilbertson v. Albright

381 F.3d 965 · Court of Appeals for the Ninth Circuit · Sep 3, 2004

Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (holding that the first *980 step in qualified immunity analysis is to determine whether the conduct complained of violates the Constitution). … See Saucier, 533 U.S. at 200, 121 S.Ct. 2151 (holding that courts ruling on a qualified immunity issue must first determine whether a constitutional violation has occurred).

Antonio Abrego Abrego v. The Dow Chemical Co Shell Oil Company, D/B/A Shell Chemical Company, and Shell Agricultural Chemical Company

443 F.3d 676 · Court of Appeals for the Ninth Circuit · Apr 4, 2006

Based on Singer , it is clearly appropriate for the district courts, in their discre *691 tion, to accept certain post-removal admissions as determinative of the amount in controversy. … Moreover, by lifting the one year bar, CAFA clearly contemplates ' that state courts may be burdened, for longer than was previously possible, with cases that ultimately will be removed. Cf. Harris v.

James O. Henderson v. Commissioner of Internal Revenue

143 F.3d 497 · Court of Appeals for the Ninth Circuit · Apr 29, 1998

If Henderson establishes that his home was Boise, his reasonable traveling expenses on the Disney tours ■ are deductible. … Although perhaps surprising at first blush, this rule is well-established. See Andrews v.

Ortega-Mendez v. Gonzales

Court of Appeals for the Ninth Circuit · Jun 14, 2006

GONZALES 6641 Robinson case law clearly established that battery encom- passed mere offensive touching, see, e.g., Rocha, 3 Cal. 3d at 899 n.12. … by the guide- lines, then the conviction does not qualify as a predicate offense.”

Patrick Earthly, an Individual Audrey Bowen, as Guardian Ad Litem for Jerry Lafayette, a Minor Yolanda Nash, as Guardian Ad Litem for Brandon and Brent Nash, Minors Cheryl Jones, as Guardian Ad Litem for Moacir Jones, a Minor, Ralph Jones, as Guardian Ad Litem for Moacir Jones, a Minor Jayne Somogy, as Guardian Ad Litem for Jomo Kenyatta, a Minor Richard v. Hill, an Individual Andrea Hill, an Individual, Plaintiffs-Appellees-Cross-Appellants v. City of Beverly Hills Allan L. Alexander, City of Beverly Hills Mayor and City Council Member, Individually and in His Official Capacity Vicki Reynolds, City of Beverly Hills City Council Member, Individually and in Her Official Capacity, Defendants-Cross-Appellees, and Marvin Iannone, City of Beverly Hills Chief of Police, Individually and in His Official Capacity Robert P. Curtis, Individually and in His Official Capacity

125 F.3d 858 · Court of Appeals for the Ninth Circuit · Oct 10, 1997

For essentially the same reasons, the council members are entitled to qualified immunity. … Generally, a supervisor who reasonably relies on officially established procedures is entitled to qualified immunity. See, e.g., Grossman v.