Case law

McCune v. Essig

122 F. 588 · Court of Appeals for the Ninth Circuit · May 4, 1903

The whole case turns on the construction of the homestead act, and clearly exhibits, in our opinion, ground for removing the cause to a court of the United States. … The court held that, until such settler was qualified to take, there was no actual grant of the land, and that if such a settler should die after a residence thereon of less than the required four years he had no devisable

United States v. Gerardo Luna-Orozco, Aka, Gerardo Luna-Orosco

321 F.3d 857 · Court of Appeals for the Ninth Circuit · Mar 3, 2003

The magistrate judge recessed the hearing when difficulties arose in establishing a factual basis for the plea. … The district court hearing focused upon establishing a factual basis.

James Tarpey v. United States

78 F.4th 1119 · Court of Appeals for the Ninth Circuit · Aug 17, 2023

As the court explained, the record did not establish that any professional “ever advised Tarpey that he met all of the criteria to serve as a qualified appraiser” under the Treasury regulations. Id. … The district court’s refusal to deduct expenses was not clearly erroneous.

Total Tv, a Wisconsin Corporation, Dba Total Tv v. Palmer Communications, Inc. And Colony Communications, Inc.

69 F.3d 298 · Court of Appeals for the Ninth Circuit · Oct 24, 1995

There is a wide range of competitive rates that a cable company could establish that are neither excessive nor below cost. … Exempting rate regulation under the 1984 Act from antitrust laws but then removing that immunity in the 1992 Act would leave an intervening window of eight years.

David Weil v. Citizens Telecom Services Co.

922 F.3d 993 · Court of Appeals for the Ninth Circuit · Apr 29, 2019

Weil: She had made it a – that the statement saying that she felt I was qualified for the job. … KIRKPATRICK, FEDERAL EVIDENCE § 8:53 (4th ed. 2018) (Rule 801(d)(2)(D) “clearly endorses [admission] . . . where the speaker is himself the alleged tortfeasor.”).

Chw West Bay, Dba Seton Medical Center v. Tommy g.thompson, Secretary of Health and Human Services

246 F.3d 1218 · Court of Appeals for the Ninth Circuit · Apr 18, 2001

BACKGROUND The Medicare Act, 42 U.S.C. §§ 1395 -1395ggg, establishes a system of health insurance for the aged and disabled. … Seton exaggerates when it asserts that the TEFRA statute clearly addresses the application of incentive payments to adjustments.

Hunsaker v. Contra Costa County

149 F.3d 1041 · Court of Appeals for the Ninth Circuit · Jul 20, 1998

Crowder clearly established that “section 12132 requires the state to provide ‘meaningful access’ to state services, programs, and activities for the disabled.” Ackley v. … That finding is not clearly erroneous. Denial of “meaningful access” is a necessary element of an actionable disparate impact claim.

United States v. Kail

612 F.2d 443 · Court of Appeals for the Ninth Circuit · Nov 21, 1979

In paragraph 45 of the affidavit, Shaver averred that confidential informants stated that even if they were immunized and given protective custody they would be unwilling to testify at any proceedings for fear of their safety … The district court’s finding was not clearly erroneous. Shaver explicitly denied that his information was derived from the illegal wiretap.

Timothy Olmos v. Charles Ryan

623 F. App'x 903 · Court of Appeals for the Ninth Circuit · Dec 2, 2015

immunity because it would not have been clear to every reasonable prison official that defendant’s actions were unlawful. … Ct. 2074, 2080, 2083 (2011) (explaining two-part test for qualified immunity).

Jody Carr v. Higgens

700 F. App'x 598 · Court of Appeals for the Ninth Circuit · Jun 23, 2017

The district court correctly determined that Higgins was entitled to qualified immunity with regard to Carr’s Fourteenth Amendment claim against 4 him. … The district court accurately observed that “there is no clearly established law that protective custody inmates must be afforded procedural due process rights when the prisoner has not contested his protective custody

Nutrition Distribution LLC v. Ironmag Labs, LLC

978 F.3d 1068 · Court of Appeals for the Ninth Circuit · Aug 25, 2020

And White, Buchanan, and Budinich establish that Rule 59 does not extend to issues “collateral” to the merits of a case, such as a post-judgment motion for attorneys’ fees. … The Supreme Court in Budinich squarely rejected an approach “that requires the merits or nonmerits status of each attorney’s fee provision to be clearly established before the time to appeal can be clearly known.” Id.

United States v. Varela-Marquez

45 F. App'x 820 · Court of Appeals for the Ninth Circuit · Sep 16, 2002

Consequently, we remand for re-sentencing to allow the district court to review the existing record and any state court documents that may be obtained in order to determine whether Varela-Marquez’s 1984 burglary conviction qualifies … Rivera-Sanchez, 247 F.3d 905, 908-09 (9th Cir.2001) (en banc) (stating that when a the statute is broader than the generic definition, the court should examine other documents or judicially noticeable facts that clearly establish

United States v. Tarek Obaid

971 F.3d 1095 · Court of Appeals for the Ninth Circuit · Aug 24, 2020

Amendment immunity. … The Court clearly established a new rule for both in rem and quasi in rem jurisdiction, concluding that “all assertions of state-court jurisdiction must be evaluated according to the standards set forth in International Shoe

United States v. Blackman

72 F.3d 1418 · Court of Appeals for the Ninth Circuit · Dec 29, 1995

The burden of proof is on the party seeking to establish that the privilege applies. Id. at 129 . … Curdo drew a line between “oral testimony and other forms of incrimination” in holding that a custodian of records cannot be compelled to condemn himself by his own oral testimony in the absence of a grant of prosecutorial immunity

United States v. Vahe Dadyan

76 F.4th 955 · Court of Appeals for the Ninth Circuit · Aug 7, 2023

The panel held that Artur failed to establish that the district court clearly erred in calculating the amount of restitution. … Accordingly, Artur fell far short of establishing that the district court clearly erred in calculating restitution. IV.

Nordyke v. King

Court of Appeals for the Ninth Circuit · Apr 20, 2009

Connecticut, 310 U.S. 296 (1940) (Establishment Clause). a The initial hurdle to selective incorporation is our decision in Fresno Rifle & Pistol Club, Inc. v. … “Once the plain- tiff establishes governmental classification, it is necessary to identify a ‘similarly situated’ class against which the plain- tiff’s class can be compared.

Garrison S. Johnson v. State of California James H. Gomez, Director, Department of Corrections James Rowland

207 F.3d 650 · Court of Appeals for the Ninth Circuit · Mar 21, 2000

The allegations of facts must be specific and concrete enough to enable the defendants to prepare a response, and where appropriate, a motion for summary judgment based on qualified immunity.’ ”) (quoting and reaffirming … Racial discrimination According to well established precedent, “[pjrisoners are protected under the Equal Protection Clause of the Fourteenth Amendment from invidious discrimination based on race.” Wolff v.

Anton E. Barker v. Gary Fleming

423 F.3d 1085 · Court of Appeals for the Ninth Circuit · Sep 8, 2005

Significantly, the text refers to “a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law.” Id. (emphasis added). … “Contrary To Clearly Established Federal Law” Supreme Court holdings at the time of the state court’s last reasoned decision are the source of clearly established Federal law for the purposes of AEDPA.

Sardi's Restaurant Corp. v. Sardie

755 F.2d 717 · Court of Appeals for the Ninth Circuit · Mar 12, 1985

Moreover, although the use of one’s surname is not a “defense” to a trademark infringement action, courts generally allow the use of one’s own name if reasonable precautions are taken: The concept that there should be some qualified … More importantly, even if appellant had clearly established his right to exclusive use of the mark, that is only relevant to the likelihood of success or the existence of serious issues on the merits.

Mark Candler v. Santa Rita Cty Jail Watch Cmdr

Court of Appeals for the Ninth Circuit · Jan 7, 2020

The district court rejected Candler’s claims based on those grievances and alternatively held that the grievance defendants were entitled to qualified immunity. … For Candler’s sanitation and medical-care claims, even if Candler could establish a constitutional violation, the district court correctly held that the grievance defendants are entitled to qualified immunity because it