Case law

Dahl v. Rosenfeld

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

We review an award of attorneys' fees for an abuse of discretion and will overturn the district court's decision only if it is based on clearly erroneous findings of fact or erroneous determinations of law. Id. … But, if a claim "may be litigated without reference to the rights and duties established in a CBA," it is not preempted. Id.

Wroe v. Mueller

40 F. App'x 449 · Court of Appeals for the Ninth Circuit · May 28, 2002

Therefore, the state court’s decision was not an unreasonable application of clearly established Federal law. See 28 U.S.C. § 2254 (d)(1); Van Tran, 212 F.3d at 1149 . … Therefore, the district court properly determined that the state court’s decision was not contrary to, nor involved an unreasonable application of clearly established Federal law.

Martirosyan v. Immigration & Naturalization Service

229 F.3d 903 · Court of Appeals for the Ninth Circuit · Nov 6, 2000

Where, as here, the BIA clearly adopts and incorporates the IJ’s reasoning, we review the IJ’s decision. See Lopez-Reyes v. INS, 79 F.3d 908, 911 (9th Cir.1996). … “Establishing a well-founded fear of persecution sufficient to qualify for asylum requires a ‘subjectively genuine’ and ‘objectively reasonable’ fear of persecution.” Velarde v.

Damian Ignacio Cano v. Stephen Navicky

26 F.3d 129 · Court of Appeals for the Ninth Circuit · Jun 9, 1994

This contention lacks merit. 10 Government officials are immune from suit " 'insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' … Apr. 15, 1994) (citations omitted). 11 The following rules governing service in forfeiture actions were clearly established in 1985. See id.

United States v. Xochitl Garcia-Santana

774 F.3d 528 · Court of Appeals for the Ninth Circuit · Dec 15, 2014

We have held the agreement of thirty-three jurisdictions qualifies as sufficient consensus to establish the generic definition of a crime. See Esparza-Herrera, 557 F.3d at 1025. … We recognize, of course, that Castleman did “follow the analytic approach” established in Taylor. Id. at 1413.

Rosas-Castaneda v. Holder

655 F.3d 875 · Court of Appeals for the Ninth Circuit · Jan 4, 2011

The Record of Conviction Is Inconclusive as to Whether Rosas-Castaneda’s Offense Qualifies as an Aggravated Felony. … Sandoval-Lua clearly applies. Nijhawan merely reaffirms that it does.  ROSAS-CASTANEDA v.

United States v. Armando Vera

893 F.3d 689 · Court of Appeals for the Ninth Circuit · Jun 25, 2018

Rather than remedy Lavis’ improper methodology or call the Veras’ co-conspirators to testify about their dealings with the defendants, the government instead relied heavily upon the co-conspirators’ plea agreements to establish … Citing Federal Rule of Evidence 804(b)(3), (the statement-against-interest exception to the hearsay rule), the district court concluded that the co-conspirators’ “admissions in [the] plea agreement[s] clearly amount[ed] to

Winn v. Arizona Christian School Tuition Organization

562 F.3d 1002 · Court of Appeals for the Ninth Circuit · Apr 21, 2009

As we discussed above, for example, Section 1089 could, on its face, be interpreted to require each STO to provide scholarships for use at any qualified private school, religious or secular. … constitutional distinction between the individual, taxpayer choice provided under Section 1089 and the parental choice upheld in Zelman . 18 Section 1089, as claimed to operate in practice, is not a program of true private choice, immune

Coughlan v. American Seafoods

Court of Appeals for the Ninth Circuit · Jul 6, 2005

Direct evidence typi- cally consists of clearly sexist, racist, or similarly discrimina- tory statements or actions by the employer. … Coghlan thus suggests that evidence such as ASC’s choice to pass over Coghlan in favor of an allegedly less-qualified Norwe- gian qualifies as “direct.”

Eisho Suzuki v. County of Contra Costa

Court of Appeals for the Ninth Circuit · Aug 3, 2020

Qualified Immunity. We have jurisdiction over interlocutory appeals of collateral orders, such as the district court’s denial of qualified immunity. Cunningham v. Gates, 229 F.3d 1271, 1283 (9th Cir. 2000). … While Suzuki’s allegations establish cause in fact, they do not establish proximate cause.

D. Clifford Crummey v. Commissioner of Internal Revenue

397 F.2d 82 · Court of Appeals for the Ninth Circuit · Jun 25, 1968

The position taken by the Tax Court seems clearly untenable. The distinction drawn between David and Mark on the one hand, and Janet on the other, makes no sense. … In another case we might follow the broader Kieckhefer rule, since it seems least arbitrary and establishes a clear standard.

Cachil Dehe Band of v. State of California

Court of Appeals for the Ninth Circuit · Aug 7, 2008

Because Indian tribes enjoy sovereign immunity and the action could not pro- 10164 CACHIL DEHE BAND v. … [2] It is important to identify clearly the Compact Tribes’ interest at stake.

Koepke v. Fontecchio

177 F.2d 125 · Court of Appeals for the Ninth Circuit · Sep 21, 1949

appellee .as plaintiff against appellant seeking a ■declaratory iudgment that his housing accommodations were decontrolled by the Housing and Rent Act of 1947 as amend ed, and for an injunction restraining appellant from establishing … It is apparently the contention of appellant that housing accommodations, to qualify for decontrol as a motor court, must have been a motor court on June 30, 1947.

Boy Scouts of America v. Graham

86 F.3d 861 · Court of Appeals for the Ninth Circuit · Feb 15, 1996

In such cases, appellate review tends to be reduced to an audit of the judge’s instructions, and if they pass muster, almost any award *867 the jury sees fit to make will stand immune from further review. U.S. … The plaintiff clearly contributed to the function of the vessel.

Donald Sherman v. William Gittere

92 F.4th 868 · Court of Appeals for the Ninth Circuit · Feb 9, 2024

established federal law. … ’s § 48.035(1) ruling is not contrary to or an unreasonable application of clearly established federal law.

Northwest Indian Cemetery Protective Ass'n v. Peterson

795 F.2d 688 · Court of Appeals for the Ninth Circuit · Jul 22, 1986

This finding is not clearly erroneous. 10 IY. … The religious uses described by the Report unquestionably qualify as "religious” by the narrowest definition.

Jamee Wade v. Bill Copeland

669 F. App'x 413 · Court of Appeals for the Ninth Circuit · Sep 28, 2016

We review de novo an order denying summary judgment based on qualified immunity. Glenn v. Wash. Cty., 673 F.3d 864, 870 (9th Cir. 2011). … The court also must ask “whether the actions alleged violate a clearly established constitutional right, where clearly established means that it would be clear to a reasonable officer that his conduct was unlawful in the

Edward L. Collins, II v. Robert Bender Stephen D'Erchia Richard Plunkett

195 F.3d 1076 · Court of Appeals for the Ninth Circuit · Oct 28, 1999

The Saul court did not clearly articulate the reasoning that led to this conclusion. … First, Collins has not established that he is without any relief absent this Bivens action.

Hacienda La Puente Unified School District v. Honig

976 F.2d 487 · Court of Appeals for the Ninth Circuit · Sep 28, 1992

Furthermore, other provisions of California law clearly provide B.C. with the avenue he has pursued. See Cal. … Because the requirements of California’s Tort Claims Act implicate principles of sovereign immunity, the School District may well be correct. See, e.g., Williams v.

United States v. Lance Louis Smith

623 F.2d 627 · Court of Appeals for the Ninth Circuit · Jul 22, 1980

Eggers became an informant in that case and was given immunity from prosecution in return for his testimony. However, the fact that Eggers was an informant was not disclosed until April 5, 1979. … Over defense counsel’s objection, the prosecutor established that “something private” meant something “in the field of burglary or something of that sort.”