Case law

Villegas v. City of Gilroy

Court of Appeals for the Ninth Circuit · Apr 30, 2007

Washington, 418 U.S. 405, 409 (1974), may also qualify for First Amendment protection. … There is nothing in the record tending to establish such a common message.

46 Fed. R. Evid. Serv. 760, 97 Cal. Daily Op. Serv. 1477, 97 Daily Journal D.A.R. 2213 United States of America v. Larry Sayetsitty, United States of America v. Joe Sayetsitty

107 F.3d 1405 · Court of Appeals for the Ninth Circuit · Feb 28, 1997

See Sneezer, 900 F.2d at 180 . 40 Because Gaskins and Dinkane had clearly established, before the district court instructed Joe's jury, that aiding and abetting included an element of specific intent, and because those cases … Here, the objective facts and circumstances surrounding Joe's arrest clearly establish probable cause to believe that Joe was guilty of public intoxication: he was passed out under a tree, having left his truck moments earlier

Dale Dowers v. Nationstar Mortgage, LLC

852 F.3d 964 · Court of Appeals for the Ninth Circuit · Mar 31, 2017

We also reasoned that Section 1692a(6)’s clause establishing a more expansive definition of “debt collector” for purposes of Section 1692f(6) compels the conclusion that security interest enforcers are not debt collectors … Again, Ho is instructive: when contrasting Section 1692f(6) with the other FDCPA provisions, we noted that ReconTrust was clearly a debt collector for purposes of Section 1692f(6) because ReconTrust was enforcing a security

The Republic of the Philippines v. Ferdinand E. Marcos

862 F.2d 1355 · Court of Appeals for the Ninth Circuit · Dec 2, 1988

The Republic’s allegations are sufficient to establish federal jurisdiction. 18 U.S.C. § 1964 . … The district court stated orally that “the hardship is clearly on the side of the plaintiff.”

United States v. John Frederick Weersing

415 F.2d 130 · Court of Appeals for the Ninth Circuit · Dec 15, 1969

deferment was not completed and an order to report for induction therefore would not be issued. 5 *135 As the trial court said, «“defendant’s letter asserting for the first time his views on conscientious objector matters clearly … I construed this as meaning I had an additional period in which to review my case with legal counsel to prepare another appeal, and that this would grant me the usual immunity from induction while this was pending.

Cory Micenheimer v. P. Finander

Court of Appeals for the Ninth Circuit · Nov 5, 2019

III The district court did not err in granting summary judgment in favor of prison officials based on qualified immunity. … established law.

MacK v. Kuckenmeister

619 F.3d 1010 · Court of Appeals for the Ninth Circuit · Jul 22, 2010

Darren Mack’s filing in the district court is clearly labeled as both an answer and a cross-claim, clearly structured as such, and clearly includes the factual basis for his legal claim to the interpleaded funds. … It requires pen- sion plans to “establish reasonable procedures to determine the qualified status of domestic relations orders and to admin- ister distributions under such qualified orders.” 29 U.S.C. § 1056(d)(3)(G)(ii).

Walter SMITH, Plaintiff-Appellant, v. SINGER COMPANY, Defendant-Appellee

650 F.2d 214 · Court of Appeals for the Ninth Circuit · Oct 6, 1982

Appellant contends that he should have been granted a hearing to establish that Singer’s reasons for firing him were pretextual, arguing that he would have been fired whether he denied authorship of the complaints or not. … If § 2000e-3(a) gives him the right to make himself an adversary of the company, then so long as he does not give nonprivileged cause for dismissal he is forever immune from discharge.

Arteaga v. Mukasey

Court of Appeals for the Ninth Circuit · Dec 26, 2007

Likewise, the BIA concluded that Arteaga failed to establish that any possible torture would more likely than not be at the hands of the government. … The record clearly shows that the IJ and the BIA both correctly identified and applied the more-likely-than-not standard. E.

Kinerson v. Spokane County Washington

714 F. App'x 764 · Court of Appeals for the Ninth Circuit · Mar 9, 2018

To determine whether an officer is entitled to qualified immunity, we must determine (1) whether the officer’s conduct violated any constitutional right and (2) whether the constitutional right was clearly established … The officers’ conduct was reasonable in these circumstances and did not violate any clearly established constitutional right.

David Cassirer v. Thyssen-Bornemisza Collection

89 F.4th 1226 · Court of Appeals for the Ninth Circuit · Jan 9, 2024

Cassirer VI, 69 F.4th at 557, 562 (noting that California “has not adopted the Spanish rule ‘that title to chattels may pass through qualified, extended possession’”); see S.F. Credit Clearing House v. … As we have previously held, the district court’s “finding that the Baron lacked actual knowledge that the Painting was stolen was not clearly erroneous,” and thus, “even if the Baron’s knowledge could be imputed to TBC, it

William Clark v. Jill Brown, Warden, California State Prison at San Quentin

450 F.3d 898 · Court of Appeals for the Ninth Circuit · May 30, 2006

If those had been the facts, the Court wrote, the arson would not have qualified as a special circumstance. … In Webster , we implicitly&emdash;but clearly&emdash;rejected the State’s suggested application of McSherry to special circumstance statutes.

Chelsea Hamilton v. Wal-Mart Stores, Inc.

39 F.4th 575 · Court of Appeals for the Ninth Circuit · Jun 30, 2022

PAGA was also “established for a public reason”: remedying systemic underenforcement of California’s labor laws. Sakkab, 803 F.3d at 431. … Aggregation “is not as clearly called for” under Rule 23(b)(3) “as it is in Rule 23(b)(1) and Rule 23(b)(2) situations.” Id.

Pacific Bell v. Cook Telecom

197 F.3d 1236 · Court of Appeals for the Ninth Circuit · Dec 27, 1999

Pacific Bell defeats its own argument, however, by noting that an "equivalent" function performed by another carrier may qualify as termination. … (Emphasis added.) 40 The FCC clearly believes that at least some compensation arrangements between LECs and paging providers constitute reciprocal compensation arrangements within the meaning of SS 251(b)(5) and 252(d)(2)

United States v. Ted Stevenson Angwin and Christine Khamis

271 F.3d 786 · Court of Appeals for the Ninth Circuit · Nov 21, 2001

Fed.R.Evid. 406 advisory committee note (describing conduct that qualifies as habit as “semi-automatic”). … The burden of establishing that certain conduct qualifies as evidence of habit falls on the party wishing to introduce the evidence. See Weil, 873 F.2d at 1461 .

Nicole Weber v. Allergan, Inc.

940 F.3d 1106 · Court of Appeals for the Ninth Circuit · Oct 11, 2019

Thus, the MDA “provides immunity for manufacturers of new Class III medical devices to the extent that they comply with federal law, but it does not protect them if they have violated federal law.” Bausch v. … “Instead, the plus or minus 15 percent specification reflects the . . . pump’s output under optimal conditions, but subject to numerous qualifiers that disclose the possibility of infusion outside this range.” Id.

Jeff D. Ex Rel. Belodoff v. Otter

643 F.3d 278 · Court of Appeals for the Ninth Circuit · May 25, 2011

In reaching such an agreement, the parties clearly contemplated action by some person or entity. … United States, 408 U.S. 606, 616-17 (1972); see also Marylanders, 144 F.R.D. at 298 (“It is the function of the government official that determines whether or not he is entitled to legislative immunity, not his title.”).

Jose Estrella v. Derrick Ollison

668 F.3d 593 · Court of Appeals for the Ninth Circuit · Dec 29, 2011

The district court concluded that imposition of the upper term was contrary to clearly established federal law as set forth in Apprendi, 530 U.S. 466 (2000), Blakely, 542 U.S. 296 (2004) and United States v. … The state court’s determination otherwise was contrary to clearly established Supreme Court law.

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.

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