Case law

United States v. John B. Green

745 F.2d 1205 · Court of Appeals for the Ninth Circuit · Jan 14, 1985

In order for Con-Chem coatings to qualify for use in Level I areas they were required by the Nuclear Regulatory Commission (“NRC”) to pass safety-related tests. … In order for *1209 these materials to qualify for use in Level 1, they were required by NRC to pass safety-related tests.

Akhay Kumar Mozumdar v. States

299 F. 240 · Court of Appeals for the Ninth Circuit · Jun 16, 1924

Tyler, a duly appointed, qualified, and acting examiner of *242 the Bureau of Naturalization, United States Department of Babor, * * * and praying a cancellation of the order of the court complained of, as well as the certificate … It enabled us to dispose of the problem as it was there presented, since the applicant for citizenship clearly fell, outside the zone of debatable ground on the negative side; but the decision still left the question to be

Stop H-3 Association, and Hui Malama Aina O Ko'olau v. William T. Coleman, Jr., as Secretary of the United States Department of Transportation

533 F.2d 434 · Court of Appeals for the Ninth Circuit · May 21, 1976

To facilitate the identification of properties of State and local historic significance that qualify for inclusion in the National Register, the Secretary of the Interior has established certain “National Register Criteria … After careful consideration, we cannot escape the conclusion that Pohaku ka Luahine, and its immediate environs, qualify for protection under section 4(f).

Feeley v. Woods, Housing Expediter

190 F.2d 228 · Court of Appeals for the Ninth Circuit · Jul 23, 1951

From a stipulation of certain facts and other facts shown in the evidence the following matters and things were clearly established as facts. … In short, this 1948 Amendment 27 and the history of enforcement and interpretation of the Act clearly show that the Expediter had been using June 30, 1947 as the date determining whether housing accommodations could qualify

Committee For An Independent P-I v. The Hearst Corp.

704 F.2d 467 · Court of Appeals for the Ninth Circuit · Apr 21, 1983

This approval provides the agreement with a limited antitrust immunity. … as failing under the Act: 33 Accordingly, an applicant which has not sought or considered a noncompeting buyer must establish that it would be futile to require attempts to sell, either because of an unavailability of qualified

Elizabeth J. HAMMOCK, Plaintiff-Appellant, v. Otis BOWEN, Secretary, Department of Health & Human Services, Defendant-Appellee

879 F.2d 498 · Court of Appeals for the Ninth Circuit · Jul 3, 1989

He concluded that her obesity did not qualify as a disabling condition because it is a remediable impairment. … Obtaining a remand for reconsideration of the evidence constitutes an insufficient-basis on which to qualify Hammock as the prevailing party for purposes of the Act. Paulson v.

Tilcock v. Budge

Court of Appeals for the Ninth Circuit · Aug 14, 2008

Habeas relief is warranted only if the state court’s decision was contrary to, or involved an unreasonable application of, clearly established federal law as determined by the Supreme Court, or resulted in an unreason- able … If Petitioner’s trial counsel had provided effective assistance by objecting to the proffered non-qualifying convictions and thereby limited the trial court’s consideration to two qualifying convictions, Petitioner would

Jeffrey A. Saul v. United States of America Ray Larsen Colleen St. Louis John Doe St. Louis

928 F.2d 829 · Court of Appeals for the Ninth Circuit · Mar 11, 1991

Some held that federal employeés had absolute tort immunity for all actions within the scope of their employments, while others recognized immunity only for discretionary actions within the scope of employment. … Our broad interpretation of "corrective action" would clearly encompass the denial of a merit pay increase, making this appealable via OSC complaint. See supra at I.A. 21 .

Bustamante v. Evans

140 F. App'x 655 · Court of Appeals for the Ninth Circuit · Jul 26, 2005

The AEDPA permits relief only if the state court decision was “contrary to” or “involved an unreasonable application of’ clearly established law as determined by the Supreme Court. 28 U.S.C. § 2254 (d). … An instrument that is not a deadly or dangerous weapon by design may qualify as such under Cal.Penal Code § 1192.7(c)(23) when “it may be fairly inferred from the evidence that its possessor intended on a particular occasion

Gabriel Espinoza-Gutierrez v. Richard C. Smith, District Director, Immigration and Naturalization Service

94 F.3d 1270 · Court of Appeals for the Ninth Circuit · Sep 3, 1996

On its face, subsection (B) qualifies the continuous physical presence requirement of 8 U.S.C. § 1255a(a)(3)(A). … See Barry, 825 F.2d at 1334 (more difficult to establish "bad faith" under § 2412(b), than to establish "not substantially justified” under § 2412(d)).

United States of America v. State of Alaska

Court of Appeals for the Ninth Circuit · Aug 20, 2025

In particular, Title III, which established and added to 16 national wildlife refuges, provides that each “is established and shall be managed” “to conserve fish and wildlife populations” and “to provide . . . the opportunity … Finally, Alaska claims that the Katie John Trilogy is clearly irreconcilable with Sackett v.

Jana L. Morton v. United Parcel Service, Inc.

272 F.3d 1249 · Court of Appeals for the Ninth Circuit · Nov 30, 2001

Looked at in light of these considerations, the summary judgment record before us is clearly insufficient to warrant summary judgment for UPS on this closely related alternative ground. … The Court in Albertson’s emphasized that the employer sought only to apply an “otherwise clearly applicable, unamended substantive regulatory standard despite the Government’s willingness to waive it experimentally;,” id.

Matthew Mglej v. Multnomah County

Court of Appeals for the Ninth Circuit · Mar 19, 2018

Because the case does not establish “beyond debate” that Mglej’s actions were lawful, the officers are entitled to qualified immunity. Mullenix v. Luna, 136 S. … The Portland police officers are entitled to qualified immunity on Mglej’s First Amendment claims.

Nick Mangiaracina v. Paul Penzone

849 F.3d 1191 · Court of Appeals for the Ninth Circuit · Mar 3, 2017

The Court never got there; instead, it decided the case on the basis of qualified immunity and left to another day the critical question of whether § 1983 covered negligent conduct. Id. at 559 n.6, 98 S.Ct. 855 (1978). … Smith, 511 F.3d 1317, 1334 (11th Cir. 2008) (finding prisoner alleged “pattern and practice of opening ... clearly marked attorney mail”); Jones v.

Brown v. Mayle

283 F.3d 1019 · Court of Appeals for the Ninth Circuit · Feb 7, 2002

See Packer, 277 F.3d at 1102 . *1025 The requirements for relief are somewhat higher where the state court applied the clearly established federal law but erred in doing so: A state court’s decision applying clearly established … Thus, the principles that we apply in analyzing the California Courts of Appeal decisions have been clearly established by the United States Supreme Court. 1.

Pritikin v. Department of Energy

254 F.3d 791 · Court of Appeals for the Ninth Circuit · Jun 13, 2001

Section 9620 waives the federal government’s sovereign immunity and makes those federal departments and agencies which qualify as PRPs subject to § 9607 liability. … words — to establish that her claim is redressable.

United States v. Yuris Bonilla-Guizar

729 F.3d 1179 · Court of Appeals for the Ninth Circuit · Sep 9, 2013

The district court, nevertheless, qualified Agent Ellis as an expert witness and elected not to give the jury any cautionary instruction with regard to his testimony. … None of this fact testimony from Agent Ellis established any elements of the crime or was material to the conviction.

Speed Shore Corp. v. Denda

605 F.2d 469 · Court of Appeals for the Ninth Circuit · Oct 1, 1979

We cannot say that such a finding was clearly erroneous. . … But a patent affords no immunity for a monopoly not within the grant (citations omitted), and the use of it to suppress competition in the sale of an unpatented article may deprive the patentee of the aid of a court of equity

United States v. Fernando S. Forfari

268 F.2d 29 · Court of Appeals for the Ninth Circuit · Jun 8, 1959

Johnson, 1942, 316 U.S. 481 , 62 S.Ct. 1168 , 86 L.Ed. 1611 , held that Army post exchanges were arms of the federal government and as integral parts of the War Department partook of its immunity under the federal Constitution … The legislative history of this Act 7 clearly shows that the Act was passed to allay the doubts raised by the Standard Oil case, supra,- as to whether or. not the various Civil Service laws and regulations were applicable

Equal Employment Opportunity Commission v. Fremont Christian School

781 F.2d 1362 · Court of Appeals for the Ninth Circuit · Feb 3, 1986

However, we conclude that Congress has clearly expressed the intention that Title VII apply to the present circumstances. … The Establishment Clause Fremont Christian also contends that the injunction granted pursuant to Title VII violates the establishment clause of the First Amendment because it creates excessive government-church entanglements