Case law

Abrahim Baballah Ula Baballah Ahmad Baballah v. John Ashcroft, Attorney General

335 F.3d 981 · Court of Appeals for the Ninth Circuit · Jul 11, 2003

Although the immigration judge (“U”) deemed Baballah credible, she found that his encounters with the Israeli Marines did not rise to the level of persecution required to qualify for asylum. … This factor is clearly met here because the Israeli Marines are governmental actors who were responsible for the deliberate life-threatening attacks against Baballah and his business.

Windyceslau D. Lorenzo v. William W. Paty

967 F.2d 588 · Court of Appeals for the Ninth Circuit · Jun 29, 1992

II Qualified Immunity 8 Government officials performing discretionary functions enjoy qualified immunity from liability for damages in civil rights actions. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … Qualified immunity applies insofar as the state officials' conduct does not violate "clearly established statutory or constitutional rights of which a reasonable person would have known." Id.; Lum v.

Grupo Gigante SA De CV v. Dallo & Co.

391 F.3d 1088 · Court of Appeals for the Ninth Circuit · Dec 15, 2004

a clear threshold for just how famous a mark must be to qualify for the exception. … Although the Dallos clearly did not intend to stop using the Gigante name, Grupo Gigante took no further action.

Rendleman v. Bowen

860 F.2d 1537 · Court of Appeals for the Ninth Circuit · Nov 16, 1988

I Rendleman is a participant in the National Health Service Corps (“NHSC”) Scholarship Program, established by Congress in 1976 to address the maldistribution of health care manpower in the United States. See Pub.L. … While the pamphlets state that “[t]he Corps will make every effort to meet placement wishes,” they clearly explain that “due to the serious nationwide needs that must be met, the Corps reserves the right to make the final

United States v. Ernesto Ibarra-Galindo

206 F.3d 1337 · Court of Appeals for the Ninth Circuit · Mar 27, 2000

The BIA held that it was not; a state conviction that contained the same elements would also qualify. See id. at 174 . … Current law clearly renders an alien convicted of a Federal drug trafficking offense an aggravated felon.

Roberto Blandino-Medina v. Eric Holder, Jr.

712 F.3d 1338 · Court of Appeals for the Ninth Circuit · Apr 10, 2013

We find that Congress has clearly expressed its intent: the overall structure of the INA compels the conclusion that Section 1231(b)(3)(B)(iv) establishes but one category of “per se” particularly serious crimes, and requires … has not established a clear probability that he would be tortured if he returned to Nicaragua.

Consolidated Freightways, Inc., and Affiliates v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Consolidated Freightways, Inc., and Affiliates

708 F.2d 1385 · Court of Appeals for the Ninth Circuit · Jun 17, 1983

The first is whether appellant Consolidated Freightways' truck loading docks qualify for an investment tax credit. … Sec. 1.48-1(e)(1) provides in full: Buildings and structural components thereof do not qualify as section 38 property.

First Beverly Bank v. Adeeb

787 F.2d 1339 · Court of Appeals for the Ninth Circuit · Apr 21, 1986

Adeeb argues that the court’s finding of actual intent is clearly erroneous. … A debtor’s failure to establish these conditions would justify relief under section 727(a)(2)(A).

Tom Chivers v. The North Slope Borough James Christensen Darlene Erickson Roger Bleth

33 F.3d 58 · Court of Appeals for the Ninth Circuit · Aug 18, 1994

QUALIFIED IMMUNITY 15 The district court granted summary judgment to the individual defendants, Bleth, Erickson, and Christensen, on the issue of qualified immunity. … The individual defendants are entitled to qualified immunity if, in the light of clearly established principles governing their conduct at the time of their actions, they could reasonably have believed that their conduct

Christensen v. Commissioner

523 F.3d 957 · Court of Appeals for the Ninth Circuit · Apr 21, 2008

For example, § 6015(e) directs the Tax Court to “establish rules which provide the individual filing a joint return but not making the election under subsection (b) or (c) or the request for equitable relief under subsection … Legislative History of § 6015 Does Not Reveal a Contrary Congressional Intent Even though the plain language and context of the statute indicate a joint return requirement, we may look to see if the legislative history clearly

Victoria Tchoukhrova, Dmitri Tchoukhrova, and Evgueni Tchoukhrova v. Alberto R. Gonzales, Attorney General

404 F.3d 1181 · Court of Appeals for the Ninth Circuit · Apr 21, 2005

The doctor was concerned about the boy’s fragile immune system. Because Evgueni was not vaccinated, it became difficult for him to obtain any medical care in state-run medical facilities. … To the contrary, the record clearly shows that Russia continues to treat its disabled population, and particularly its disabled children, cruelly and inhumanely.

Pate v. Alameda-Contra Costa Transit District

697 F.2d 870 · Court of Appeals for the Ninth Circuit · Jan 25, 1983

and applying arbitrary and unreasonable requirements for employment which have not been shown to have any significant relationship to job performance and which have the effect of excluding qualified minorities; (d) creating … The ultimate goal of the suit cannot be defined without inquiry into whether the injuries alleged and the injuries ultimately established are discrete or unitary.

Bothwell v. Fitzgerald

219 F. 408 · Court of Appeals for the Ninth Circuit · Jan 4, 1915

In such case the appeal takes the course prescribed in the act establishing the Circuit Court of Appeals (Act March 3, 1891, c. 517, 26 Stat. 826 ; Mitchell Building Co. v. Carroll, supra). … against bankrupt estates; (3) *416 appoint receivers, * * '* for the preservation of estates, to take charge of the property of the bankrupts after the filing of the petition and until it is dismissed or the trustee is qualified

Mattel Inc. v. Walking Mountain Productions

353 F.3d 792 · Court of Appeals for the Ninth Circuit · Dec 29, 2003

It is well-established that use of a product feature or trade dress that has become functional will qualify as one form of fair use. *810 Qualitex Co. v. … The record does not clearly establish whether "Joe Mattel” ever existed.

Seattle Pacific University v. Robert Ferguson

Court of Appeals for the Ninth Circuit · Jun 7, 2024

To establish standing, SPU must meet the well-established requirements: “injury in fact, causation, and a likelihood that a favorable decision will redress the plaintiff’s alleged injury.” Lopez v. … As discussed above, SPU has established a pre-enforcement injury; therefore, SPU has established constitutional ripeness. 26 SEATTLE PAC. UNIV. V.

Jack Deswart v. Tillamook County, a Political Subdivision of the State of Oregon, and David Wilson, Sheriff of Tillamook County

996 F.2d 1224 · Court of Appeals for the Ninth Circuit · Jun 18, 1993

DeSwart timely appeals. 6 DeSwart contends Wilson is not entitled to qualified immunity. DeSwart contends he had a clearly established property interest in continued employment under Oregon state law. … These contentions lack merit. 7 Government officials executing discretionary functions are protected by qualified immunity unless they violate "clearly established statutory or constitutional rights of which a reasonable

Huffman v. Commissioner

978 F.3d 1139 · Court of Appeals for the Ninth Circuit · Nov 4, 1992

In requiring that the prevailing party establish that the United States’ position was not substantially justified. … The 1986 amendment established the $75 an hour fee rate, and allowed courts to subsequently add COLAs to that rate.

In Re: James P. Slack, Debtor. James P. Slack v. Wilshire Insurance Company

187 F.3d 1070 · Court of Appeals for the Ninth Circuit · Jul 30, 1999

This court reviews the bankruptcy court’s decisions of law de novo and its findings of fact under the clearly erroneous standard. See id. … An individual qualifies for Chapter 13 relief only if his or her debts do not exceed a certain sum at the time of filing.

Sally Marie McNeil v. Raymond L. Middleton Bill Lockyer

344 F.3d 988 · Court of Appeals for the Ninth Circuit · Sep 22, 2003

Indeed, the court’s interpretation was contrary to the clearly established Supreme Court law under which we presume that jurors follow the trial court’s instructions. … In violation of clearly established Supreme Court law, the state appellate court presumed that the jury ignored the clear (but erroneous) imperfect self-defense instruction.

Aloe Vera of America, Inc. v. United States

699 F.3d 1153 · Court of Appeals for the Ninth Circuit · Nov 15, 2012

Whether the government’s erroneous interpretation of § 6103 was in good faith turns on whether the government violated “clearly established statutory or constitutional rights of which a reasonable person would have known. … This interpretation of § 6103(k)(4) would clearly eviscerate the basic purpose of § 6103.