Case law

Prete v. Bradbury

438 F.3d 949 · Court of Appeals for the Ninth Circuit · Feb 22, 2006

Because the district court did not clearly err in determining that the plaintiffs failed to establish that the challenged measure significantly burdens speech, we cannot hold the Measure imposes a severe burden under the … Remedy 30 The remedy for an improper grant of intervention has not been clearly established.

Columbia Riverkeeper v. Andrew Wheeler

944 F.3d 1204 · Court of Appeals for the Ninth Circuit · Dec 20, 2019

Under § 1313, states must identify qualifying “water quality limited segments” (“impaired waters”) within their borders and rank them in order of priority. … We therefore were asked to conclude that California had clearly and unambiguously decided to abandon its entire state TMDL program, rather than any individual TMDL.

Arizona State Board for Charter Schools v. U.S. Department of Education

464 F.3d 1003 · Court of Appeals for the Ninth Circuit · Sep 25, 2006

A natural reading establishes that only “non-profit institutional day or residential school[s]” are eligible for federal funding under the ESEA and ,the IDEA. … A closer inspection confirms this interpretation as the legislative history lacks any indication that Congress intended, through these amendments, to obviate the earlier-established “nonprofit” qualifier.

Joanne Beaule Ruggles v. California Polytechnic State University, San Luis Obispo, Civ. A. No. 84-6223

797 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.

Fernando Eros Caro v. Jeanne Woodford, Warden

280 F.3d 1247 · Court of Appeals for the Ninth Circuit · Feb 19, 2002

As the testimony of all the experts supported this conclusion, this finding was clearly not in error. … Deference aside, we agree with the District Court that each witness was sufficiently qualified to testify to Caro’s brain damage. Dr.

Fregozo v. Holder

576 F.3d 1030 · Court of Appeals for the Ninth Circuit · Aug 12, 2009

It is the government’s burden “to establish clearly and unequivocally [that] the conviction was based on all of the elements of a qualifying predicate offense,” through such documents and other “judicially noticeable facts … , does not establish the factual predicate to support” a determination that the conviction was generic.

Lebbos v. Judges of Superior Court, Santa Clara County

883 F.2d 810 · Court of Appeals for the Ninth Circuit · Aug 28, 1989

The court also dismissed any claims for damages against the named judges finding them immune from liability. … In any event, this case is clearly distinguishable from Goldie's.

Little v. Crawford

Court 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.

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).

United States v. Van Cauwenberghe

934 F.2d 1048 · Court of Appeals for the Ninth Circuit · May 20, 1991

Therefore, while we clearly have the discretionary authority to dismiss this appeal, there is “no per se requirement of dismissal in [these] ... case[s].” Hussein v. … We have intimated that a third party who establishes a claim to seized property might defeat a defendant’s Rule 41(e) motion for the property’s return. See United States v.

RODRIGUEZ-VALENCIA v. Holder

652 F.3d 1157 · Court of Appeals for the Ninth Circuit · Jul 21, 2011

To determine whether a conviction qualifies as an aggra- vated felony, we apply the categorical approach articulated in Taylor v. United States, 495 U.S. 575 (1990). Penuliar v. … Accordingly, when Congress added con- victions relating to counterfeiting to the definition of aggra- vated felony, it was well understood and clearly established that the generic crime of counterfeiting extended far beyond

Clarence v. Watson v. Woodrow C. Button

235 F.2d 235 · Court of Appeals for the Ninth Circuit · Jun 22, 1956

The burden is on him to show that the trial court’s finding was clearly erroneous. … White Jr. to qualify him as a director. He had no beneficial interest in the corporation. 2 . This is the rule in most states. See cases collected in Sutter v.

Bodine Produce, Inc., an Arizona Corporation v. United Farm Workers Organizing Committee

494 F.2d 541 · Court of Appeals for the Ninth Circuit · Mar 19, 1974

and National Labor Relations Act or to provide to agricultural workers a separate and distinct immunity. … The complaint before us clearly satisfies the requirements of Rule 8(a)(1) and (3); our problem is with 8(a) (2). A. Rule 8(a)(2).

Buckley v. Potter

324 F. App'x 653 · Court of Appeals for the Ninth Circuit · Apr 28, 2009

The court found that Buckley established a prima facie case of unlawful discrimination. … would qualify for a mixed-motive instruction”).

Reihley v. Slocum

76 F.3d 388 · Court of Appeals for the Ninth Circuit · Jan 17, 1996

This contention has merit with respect to defendant Dickinson. 1 5 "A law enforcement officer is entitled to qualified immunity in a § 1983 action if the district court determines that, in light of clearly established principles … established."

Dahl v. Rosenfeld

316 F.3d 1074 · Court of Appeals for the Ninth Circuit · Jan 23, 2003

But, if a claim “may be litigated without reference to the rights and duties established in a CBA,” it is not preempted. Id. … Because we do not have jurisdiction, we cannot reach the question whether the firm enjoys immunity from personal liability for acts undertaken as union representatives. See Peterson v.

Donald Beardslee v. Jill Brown, Warden, of the California State Prison at San Quentin

393 F.3d 1032 · Court of Appeals for the Ninth Circuit · Dec 29, 2004

Unlike its discussion of the double-counted multiple-murder special circumstance, the California Supreme Court did not use the phrase “clearly harmless.” … There is nothing sufficiently unique about a witness-killing special circumstance, particularly when compared to the kidnapping special circumstance at issue in Williams , that would immunize it from harmless error analysis

Church by Mail, Inc. v. Commissioner of Internal Revenue

765 F.2d 1387 · Court of Appeals for the Ninth Circuit · Jul 16, 1985

The Commissioner also concluded that even if the Church did qualify as an exempt organization pursuant to section 501(c)(3), contributions to the Church were not deductible because it was not a church within the meaning of … Inurement of Earnings to Private Benefit In order to meet the second prong of the operational test, an organization must establish that no part of its net earnings inures to the benefit of a private person.

Jack Ruggles, Jr. v. State of Nevada, Gary Whipple, David Sowder, David Hefner, Janet Garrietty, T.J. Cappaccio, Lou Gregory, Sam McMurray

996 F.2d 1227 · Court of Appeals for the Ninth Circuit · Jul 1, 1993

whether the law has been clearly established.... … If the court decides that the law is clearly established, it must then decide whether a reasonable officer would have known that his conduct violated rights....

The Oregonian Publishing Company v. United States District Court For The District Of Oregon

920 F.2d 1462 · Court of Appeals for the Ninth Circuit · Dec 6, 1990

Harper, 729 F.2d at 1222 . 17 The Oregonian has established the presence of the first and second factors. … The district court failed to apply these requirements properly and thus clearly erred as a matter of law in making its closure orders.