Case law
Opinions from 1658 to today.
10,000+ results
1.93s
Associated General Contractors Of California, Inc. v. City And County Of San Francisco
813 F.2d 922 · Court of Appeals for the Ninth Circuit · Mar 23, 1987
Third, it requires each city department to establish a yearly goal for the percentage of contracting dollars to go to MBEs, WBEs and LBEs. … The rights established are personal rights." Shelley v. Kraemer, 334 U.S. 1, 22 , 68 S.Ct. 836, 846-47 , 92 L.Ed. 1161 (1948).
Cited 32 timesPublishedJames 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.
Cited 46 timesPublishedAdams v. Southern California First National Bank
492 F.2d 324 · Court of Appeals for the Ninth Circuit · Oct 4, 1973
The landlord clearly had invoked state procedures in order to seize the tenant’s property. Cf. Joy v. Daniels, 479 F.2d 1236 (4th Cir. 1973). … The minority appears to read the Court’s opinion as one clearly distinguishing between the state action rule of Fuentes and private repossession.
Cited 90 timesPublished99 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."
Cited 0 timesPublished993 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
Cited 45 timesPublished318 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.
Cited 73 timesPublishedCourt of Appeals for the Ninth Circuit · Feb 20, 2019
Ray Larriva, a City of El Monte detective, appeals a district court order denying his motion seeking summary judgment based on qualified immunity. … Larriva also argues he is entitled to qualified immunity for the arrest of Sharp for assault on a peace officer.
Cited 0 timesUnpublished797 F.2d 782 · Court of Appeals for the Ninth Circuit · Oct 28, 1986
We reverse as clearly erroneous the finding that Ruggles would have obtained the position. … A fact found by the district court, and left untouched by the circuit court, is established, and Cal Poly could not on remand attempt to rebut such an established factual finding.
Cited 108 timesPublished267 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.
Cited 114 timesPublished26 F.3d 935 · Court of Appeals for the Ninth Circuit · Jun 7, 1994
The Northwest Power Act established a power exchange program between BPA and qualified investor owned utilities ("IOUs") of the Pacific Northwest. … While the Act clearly gives us jurisdiction to review BPA's ASC determinations, id.
Cited 5 timesPublishedCourt 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
Cited 0 timesUnpublished243 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.
Cited 4 timesPublishedCourt 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.
Cited 0 timesPublished736 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
Cited 81 timesPublishedFredenburg 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.”
Cited 0 timesUnpublishedUnited 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.
Cited 127 timesPublishedGary Everson and Mary Everson v. United States
108 F.3d 234 · Court of Appeals for the Ninth Circuit · Mar 4, 1997
Investment Credits Our conclusion that the windbreaks are not depreciable requires us to hold that they do not qualify for investment credits. … The specific question raised in this appeal (whether trees planted to prevent soil erosion on a commercial farm are depreciable) is one of first impression and was clearly subject to reasonable debate.
Cited 16 timesPublishedSaleres 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.
Cited 0 timesPublishedCourt of Appeals for the Ninth Circuit · Jun 7, 2006
Under clearly established Supreme Court law, such contention nei- ther gives rise to an equal protection claim, nor provides a basis for habeas relief.5 See Beck v. … As explained above, under clearly established federal due process standards, Little’s plea was knowing and voluntary.
Cited 0 timesPublished944 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
Cited 3 timesPublished
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