Case law

Maria Escriba v. Foster Poultry Farms, Inc.

743 F.3d 1236 · Court of Appeals for the Ninth Circuit · Feb 25, 2014

She also argues that the jury’s verdict is contrary to the evidence offered at trial, evidence that she claims clearly established Foster Farms’s interference with her rights under the FMLA. … FOSTER POULTRY FARMS 17 § 825.302(c), and that Escriba’s two “no” responses clearly indicated that she did not intend to take FMLA leave.

National Association For The Advancement Of Psychoanalysis v. California Board Of Psychology

228 F.3d 1043 · Court of Appeals for the Ninth Circuit · Sep 29, 2000

Also, based on Eleventh Amendment immunity, the court dismissed with prejudice two defendants, the State of California and the Board. … The communication that occurs during psychoanalysis is entitled to constitutional protection, but it is not immune from regulation.

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.

Felton Hale and Richard S. Berry v. State of Arizona Arcor Enterprises, a Subdivision of the State James Ricketts, Former Director of the Arizona Department of Corrections (Doc) Samuel Lewis, Director of the Doc Marilyn Wilkens, Director of Arizona Correctional Industries Thomas Lescault, Director of Arcor Tony West, David Tierney, Earl Cobb, Thomas Donnelly, Henry Evans, Marcus Englemen, Delbert Householder, and Ray Shaffer, Members of the Board of Directors, Arcor Enterprises, John Leroy Fuller v. State of Arizona Arcor Enterprises, a Subdivision of the State James Ricketts, Former Director of the Arizona Department of Corrections (Doc) Samuel Lewis, Director of the Doc Marilyn Wilkens, Director of Arizona Correctional Industries Thomas Lescault, Director of Arcor Tony West, David Tierney, Earl Cobb, Thomas Donnelly, Henry Evans, Marcus Englemen, Delbert Householder, and Ray Shaffer, Members of the Board of Directors, Arcor Enterprises Richard Orberg, Arcor Vice President of Operations Kenneth Van De Veer, Arcor Vice President of Business and Finance John F. Wright, Former Interim Ceo, Arcor James Kinsella, Former Arcor Vice President of Business and Finance Gilbert Evans, Former Arcor Director of Operations Ralph Cluff, Arcor Operations and Control Officer Michael Ullery, Former Interim Arcor Operations and Control Officer

993 F.2d 1387 · Court of Appeals for the Ninth Circuit · May 4, 1993

See Ariz.Rev.Stat. § 41-1624. 5 5 The prison labor program in Hale, also offered through ARCOR, allows the establishment of an Inmate-Operated Business Enterprise (IOBE). … Arizona cites no authority in support of this argument, and we believe it fails in the face of Eleventh Amendment jurisprudence which holds that Congress may, if it does so clearly enough, abrogate immunity from suit as well

Hans Zimmerman and Clara Zimmerman, Apellants v. United States of America and District Director of Internal Revenue

318 F.2d 611 · Court of Appeals for the Ninth Circuit · Jun 21, 1963

Only a “bona fide debt”, i. e., one which “arises from a debtor-creditor relationship based upon a valid and enforceable obligation to pay a fixed or determinable sum of money,” qualifies for deduction under section 166 of … We feel that the manner in which the advances were reported was certainly relevant and cannot say that the inference drawn by the court from this fact was clearly erroneous. The court also found that Dr.

Saleres v. Immigration & Naturalization Service

22 F. App'x 831 · Court of Appeals for the Ninth Circuit · Nov 30, 2001

We reverse and remand for a determination of whether judicially noticeable documents or judicially noticeable facts clearly establish that Saleres’s 1992 conviction constitutes an “aggravated felony” within the meaning of … This documentation, however, does not clearly establish that Saleres was convicted of the sale, as opposed to the transportation, of marijuana.

Duke Energy Trading and Marketing, L.L.C. v. Gray Davis, Governor of the State of California, and California Power Exchange Corporation

267 F.3d 1042 · Court of Appeals for the Ninth Circuit · Sep 20, 2001

The federal scheme established by FERC for transactions through the CalPX required "standard financial protections" and "assurance of payment for third party sales." 94 FERC ¶¶ 61,132, 2001 WL 275661 , at *8. … I believe the lines are clearly drawn by Judge O'Scannlain's excellent opinion and my, hopefully, adequate dissent.

United States v. Peter MacKby

243 F.3d 1159 · Court of Appeals for the Ninth Circuit · Mar 21, 2001

), or by a qualified physical therapist in independent practice.” … These findings by the district court are not clearly erroneous. *1165 B.

Adair v. City of Kirkland

185 F.3d 1055 · Court of Appeals for the Ninth Circuit · Aug 6, 1999

The court rejected the officers’ overtime argument by finding that the City qualified for a limited “7(k) exemption” from the FLSA’s normal overtime provisions. … While the officers argue that the issue is preserved for appeal because it was necessarily decided by the court below, this is clearly incorrect.

Cheung Inc v. United States

Court of Appeals for the Ninth Circuit · Sep 22, 2008

Section 7426(g) provides for the recovery of interest on a wrongful levy judgment “at the overpayment rate established under section 6621.” Section 6621 states in pertinent part: §6621. … There is no dispute that § 7426(g) constitutes a waiver of sovereign immunity from an award of interest. See Library of Congress v.

Tongatapu Woodcraft Hawaii, Ltd. v. Sam I. Feldman, District Director, Immigration and Naturalization Service

736 F.2d 1305 · Court of Appeals for the Ninth Circuit · Jul 3, 1984

The INS, therefore, may make a de novo determination of whether the alien is in fact qualified to fill the certified job offer. … The DOL requires that the prospective employer’s application clearly show that the alien will be paid a wage equal to or exceeding the prevailing wage, 20 C.F.R. § 656 .-20(c)(2); that the wage is guaranteed rather than contingent

Fredenburg v. County of Santa Clara

407 F. App'x 114 · Court of Appeals for the Ninth Circuit · Dec 22, 2010

However, I respectfully dissent from their conclusion that the right was clearly established. … on qualified immunity is appropriate.”

United States v. Victor Romero-Rendon, AKA Pedro MacIas

220 F.3d 1159 · Court of Appeals for the Ninth Circuit · Jul 31, 2000

by some other form of clearly reliable evidence. … In these cases, a judge may rely on it to establish the factual basis for the enhancement.

Stephen Morris v. Ernst & Young

834 F.3d 975 · Court of Appeals for the Ninth Circuit · Aug 22, 2016

The NLRA establishes the rights of employees in § 7. … For the same reason, the Seventh Circuit recently concluded that “[a] contract that limits Section 7 rights that is agreed to as a condition of continued employment qualifies as ‘interfering] with’ or ‘restraining] ... employees

Richard Neal Schowengerdt v. United States of America Department of the Navy John F. Lehman, Jr., Sec. Of the Navy General Dynamics Corporation C.W. Kessel K.D. Tillotson Carl W. Jensen Richard S. Day, Richard Neal Schowengerdt v. United States of America Department of the Navy John F. Lehman, Jr., Sec. Of the Navy

944 F.2d 483 · Court of Appeals for the Ninth Circuit · Sep 6, 1991

marked as such, and that other materials that were clearly personal were not subject to search. … immunity 5 E.g., Schowengerdt testified that the Navy was concerned that employees might be tempted to sell classified information, or might be either induced or blackmailed into divulging information as a result of a romantic

Feng Gui Lin v. Holder

588 F.3d 981 · Court of Appeals for the Ninth Circuit · Dec 3, 2009

In Matter of J-H-S- , the BIA concluded that “an alien who has established that he or she has had two children in China may qualify as a refugee if the evidence presented establishes, on a case-by-case basis, that the births … That well-founded fear would, in turn, qualify her for asylum as a refugee. See 8 U.S.C. § 1101 (a)(42).

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.

Mario Sandoval-Gomez v. Eric Holder, Jr.

Court of Appeals for the Ninth Circuit · Sep 22, 2014

“The language clearly reflects a concern over substantive offenses rather than any concern about the jurisdiction in which they are prosecuted.” Id. … indirectly, from a pattern of racketeering activity . . . to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment

United States v. Gregory Obendorf

894 F.3d 1094 · Court of Appeals for the Ninth Circuit · Jul 9, 2018

. § 20.21(i)(1) applies to unlawful taking, but not unlawful baiting, and thus could not have immunized the defendant’s conduct. … Ample evidence also established that Obendorf’s scheme was designed to lure ducks for hunting.

In Re Kincaid

917 F.2d 1162 · Court of Appeals for the Ninth Circuit · Oct 25, 1990

On its face, the language clearly refers to all applicable nonbankruptcy law; nowhere does state spendthrift law serve as the referent of "applicable nonbankruptcy law." … Although the relevant history establishes that Congress intended the phrase to apply to state spendthrift law, it does not establish that Congress intended to limit the phrase to that body of law.