Case law

Richard Thomas Hinds v. United States of America, Fulton Insurance Company

348 F.2d 630 · Court of Appeals for the Ninth Circuit · Jul 7, 1965

Conflicting opinions *632 were expressed by investigators produced by the parties and shown to be qualified as experts in matters pertaining to fire and fire control. … Furthermore, had the District Court improperly drawn such an inference, its findings and judgment establish that the inference, being inconclusive, *633 was dispelled by evidence believed by the trial judge, as believed by

Christopher John Dillingham v. Immigration and Naturalization Service

267 F.3d 996 · Court of Appeals for the Ninth Circuit · Sep 14, 2001

The rights established are personal rights.”). … However, Ruckbi is clearly inapposite to Dillingham's petition — not only because it involved state crimes committed on United States soil, but also (and more importantly) because it involved an admission of multiple crimes

Eunice Subia v. Commissioner of Social Security

264 F.3d 899 · Court of Appeals for the Ninth Circuit · Sep 5, 2001

The Appeals Council denied Subia’s request on December 23, 1998, finding that Subia had not established a basis for granting a request for review. … Subia has advanced no rational argument explaining why an ALJ residing in California would be any more qualified to hear her case or more likely to provide her with a fair hearing than an ALJ residing elsewhere.

Oscar Alberto Canas Cuadras v. United States Immigration and Naturalization Service

910 F.2d 567 · Court of Appeals for the Ninth Circuit · Aug 3, 1990

The mere assertion of fear of possible persecution is not sufficient to establish a clear probability of persecution. Id. … Clearly the Guevara court did not perceive itself as discarding the subjective element stressed in Cardoza-Fonseca . Nor has the BIA so perceived Guevara. See Mogharrabi, Int.

United States of America, Plaintiff-Cross-Appellee v. Crocker National Corp., Defendant-Cross-Appellants. United States of America v. Crocker National Corp., United States of America, Plaintiff-Cross-Appellee v. Bankamerica Corporation, Defendants-Cross-Appellants. United States of America v. Bankamerica Corporation

656 F.2d 428 · Court of Appeals for the Ninth Circuit · Nov 10, 1981

reduce the number of qualified directors, possibly to the detriment of the public at large." 422 F.Supp. at 702 . … The language and legislative history show clearly that Congress intended to create a partial antitrust immunity limited to the insurance industry. 90 To extend immunity under the Act to conduct "involv(ing) parties wholly

Arnold Maxwell Harris v. George Jacobs

621 F.2d 341 · Court of Appeals for the Ninth Circuit · Jun 11, 1980

There are various criteria for determining whether the same cause of action is involved in the two suits: (1) whether rights or interests established in the prior judgment would be destroyed or impaired by prosecution of … Thus, the relevant evidentiary facts clearly differ from those involved in the prior state habeas proceeding. Finally, a res judicata bar is not indicated under the “same right” test.

Vitug v. Holder

723 F.3d 1056 · Court of Appeals for the Ninth Circuit · Jul 24, 2013

On appeal, the BIA did not reject any of the IJ’s factual findings as clearly erroneous. … CAT Claim To qualify for CAT relief, a petitioner must show that she more likely than not will be tortured if she is removed to her native country. Zheng, 644 F.3d at 835.

Valencia v. Terhune

48 F. App'x 269 · Court of Appeals for the Ninth Circuit · Oct 15, 2002

Furthermore, the agent’s suggestion does not qualify as outrageous conduct. Cf. United States v. … Because the state court’s decision was neither contrary to nor an unreasonable application of clearly established Federal law, nor was it based on an unreasonable determination of the facts, the district court properly dismissed

Vikesh Datt SHARMA; Vijanti Devi Sharma, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

89 F.3d 545 · Court of Appeals for the Ninth Circuit · Jul 16, 1996

The BIA correctly found that Petitioners’ traffic difficulties do not qualify as exceptional circumstances beyond Petitioners’ control. … The BIA’s decision further observed that § 242B establishes the "exceptional circumstances” standard to re scind a deportation order entered in absentia.

Stewart v. Rosenblum

9 F. App'x 633 · Court of Appeals for the Ninth Circuit · May 15, 2001

We have held that “postpetition state law claims asserted by or against a trustee in bankruptcy or the trustee’s agents for conduct arising out of the sale of property belonging to the estate qualify as core proceedings.” … Stewart’s complaint clearly states claims properly belonging to the estate.

Norman Hutton v. Elf Atochem North America, Inc., a Pennsylvania Corporation

273 F.3d 884 · Court of Appeals for the Ninth Circuit · Nov 28, 2001

The district court granted Elfs motion for summary judgment, concluding that Hutton had not established that he was a qualified individual under the relevant statutes. … The district court found that Hutton was unable to establish the second prong of the prima facie case because he could not show that he was a “qualified person with a disability” under the ADA. 2 In particular, the district

Joshua Gonzalez v. City of Huntington Beach

Court of Appeals for the Ninth Circuit · Feb 1, 2021

”; and (B) if so, “whether the right in question was clearly established at the time of the officer’s actions, such that any reasonably well-trained officer would have known that his ** The Honorable … Despite the Officers’ constitutional violation, the doctrine of qualified immunity protects them from liability.

Freeman v. Gonzales

Court of Appeals for the Ninth Circuit · Apr 20, 2006

Nor does the VWP no-contest clause on its face clearly exempt VWP visitors from these procedures. See Jama v. … “We should not defer to an agency’s interpretation of a statute if Con- gress’s intent can be clearly ascertained through analysis of the language, purpose and structure of the statute.” NRDC v.

Roney R. Nunes v. Ana Ramirez-Palmer, Attorney General of the State of California

485 F.3d 432 · Court of Appeals for the Ninth Circuit · Apr 27, 2007

Specifically, he contends that the state appellate court’s ruling upholding his sentence was the result of “an unreasonable application of clearly established federal law.” … Second, prosecutors seek a recidivist sentence in nearly half of all cases involving defendants that qualified under the recidivist statute.

Courtney Bird v. State of Hawaii

935 F.3d 738 · Court of Appeals for the Ninth Circuit · Aug 23, 2019

The only way for the state to immunize itself from further suit by future plaintiffs would be to stop enforcing its statute. … B We next consider whether Bird’s claim qualifies as a continuing violation.

97 Cal. Daily Op. Serv. 7617, 97 Daily Journal D.A.R. 12,274 Niranjan Koirala, Individually and as Personal Representative for the Heirs of Santosh Koirala, Deceased Himanshu Koirala Bashkar Koirala the Estate of Thomas Hill Anne Guta the Estate of Kora Guta the Estate of Bo Guta the Estate of Magma Guta Shanti Rajlawat, Individually and as Personal Representative for the Heirs of Chandra Bahadur Rajlawat, Deceased Sandeep Rajlawat Shiva Rajlawat Anandi Ramachandran v. Thai Airways International, Ltd., Niranjan Koirala, Individually and as Personal Representative for the Heirs of Santosh Koirala, Deceased Himanshu Koirala Bashkar Koirala the Estate of Thomas Hill Anne Guta the Estate of Kora Guta the Estate of Bo Guta the Estate of Magma Guta Shanti Rajlawat, Individually and as Personal Representative for the Heirs of Chandra Bahadur Rajlawat, Deceased Sandeep Rajlawat Shiva Rajlawat Anandi Ramachandran v. Thai Airways International, Ltd.

126 F.3d 1205 · Court of Appeals for the Ninth Circuit · Sep 25, 1997

C 45 The district court did not clearly err in limiting the damage award to Santosh Koirala. … from suit unless one of the exceptions to immunity enumerated in 28 U.S.C. §§ 1605 to 1607 applies. 28 U.S.C. § 1604 ; Export Group v.

United States v. Christopher Johnson

920 F.3d 628 · Court of Appeals for the Ninth Circuit · Apr 9, 2019

The PSR clearly characterized Johnson’s assault- with-a-deadly-weapon conviction as a felony. … In these cases, a judge may rely on it to establish the factual basis for the enhancement.”).

United States v. Alberto Perez--Martinez

525 F.2d 365 · Court of Appeals for the Ninth Circuit · Nov 7, 1975

Diego Pena and Roberto Cuello, charged as unindicted co-conspirators, after a grant of immunity testified to conversations and dealings with appellant, all concerned with the transportation of heroin from Los Angeles to San … Second, the Court was clearly impressed by the fact that defendant was on trial for his life. Id. at 314 , 51 S.Ct. 470 . Ham v.

James Davis v. State of Oregon

472 F. App'x 846 · Court of Appeals for the Ninth Circuit · May 17, 2012

not clearly -2- established and, thus, appellees would be entitled to qualified immunity in any event. … Ct. 2074, 2083 (2011) (noting that an official’s conduct violates clearly established law only when “the contours of a right are sufficiently clear that every reasonable official would have understood that what he is doing

Richard L. Carmical v. Walter E. Craven, Warden, California State Prison at Folsom

457 F.2d 582 · Court of Appeals for the Ninth Circuit · May 10, 1972

That is the law established by decisions of this Court spanning more than seventy years of interpretation of the meaning of 'equal protection."' (Accord, Eubanks v. … sanction testing methods that were not used to discriminate, the Court found from the legislative history that Congress intended to proscribe unintentional as well as intentional discriminatory hirings Griggs epitomizes a clearly