Case law

United States v. Obie Goodlow, Jr., United States of America v. Henry Lee Wallace

597 F.2d 159 · Court of Appeals for the Ninth Circuit · May 29, 1979

To be successful, appellants must show that the district court’s finding is clearly erroneous. United States v. … In order to establish a prima facie violation, the defendant must show: (1) that the group alleged to be excluded is a “distinctive” group in the community; (2) that the representation of this group in venires from which

Le v. Astrue

558 F.3d 1019 · Court of Appeals for the Ninth Circuit · Mar 10, 2009

Nevertheless, we must consider whether Le’s notice of appeal is deficient in complying with the filing and content procedures established by Rule 3 of the Federal Rules of Appellate Procedure, because a deficiency may present … immunity.

San Francisco Baykeeper v. Cargill Salt Division

481 F.3d 700 · Court of Appeals for the Ninth Circuit · Mar 7, 2007

That colorable allegation clearly gave the district court jurisdiction over the case, see 33 U.S.C. § 1365(a), 28 U.S.C. § 1331, and we have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. … Baykeeper’s failure to establish that Cargill’s Pond was a water of the United States is a failure to make out a case, not a failure to establish the jurisdiction of the court. See Arbaugh v. Y & H Corp., 126 S.

Arconic, Inc. v. Apc Investment Co.

969 F.3d 945 · Court of Appeals for the Ninth Circuit · Aug 10, 2020

In essence, the settlement allowed these parties to walk away from the site effectively immune from further pursuit. The court approved that settlement in 2007. … They point out that “with respect to” is broad qualifying language, and that the limitations provision mentions costs alone—not obligations, liabilities, or responsibilities.

Gregory Edison v. United States

822 F.3d 510 · Court of Appeals for the Ninth Circuit · May 20, 2016

The FTCA is a limited waiver of that sovereign immunity, under which “the United States is liable to the same extent as a private party for certain torts of federal employees . . . … exception to the general rule of Civil Code § 1714, courts should create one only where ‘clearly supported by public policy.’”

The Estate of Cecil Elkins. Jr. v. Hipolito Pelayo

Court of Appeals for the Ninth Circuit · Dec 29, 2023

immunity determination. … “[W]hen there are disputed factual issues that are necessary to a qualified immunity decision, [they] must first be determined by the jury before the court can rule on qualified immunity.” Morales v.

United States v. Arturo Munster-Ramirez, AKA David Otto Munster

888 F.2d 1267 · Court of Appeals for the Ninth Circuit · Nov 7, 1989

Absent a clearly established legislative intent to the contrary, the plain meaning of the words used in a statute controls. … Clearly some sort of base level of income must be employed. Without a base, five dollars could qualify as substantial income to a defendant who had no income at all.

Schneider v. County of San Diego

32 F. App'x 877 · Court of Appeals for the Ninth Circuit · Mar 21, 2002

Dalton, 132 F.3d 496, 502 (9th Cir.1997) (consideration of attorney’s expertise and experience in application of the prevailing rate for similarly qualified local counsel is well-established approach in the Ninth Circuit) … Because the district court did not clearly err in finding that local counsel was available, willing, and able to handle this case, it did not abuse its discretion in applying rates comparable to the rates charged for similar

United States v. Justin Barrett Hill

459 F.3d 966 · Court of Appeals for the Ninth Circuit · Aug 11, 2006

Placer County, 405 F.3d 778, 782 (9th Cir.), amended by 418 F.3d 966 (9th Cir.2005) (refusing to grant an officer qualified immunity because "[t]he plaintiffs' established civil rights were violated by presentation of [a] … The proper steps for the officer to take in such a situation — when dealing with computer files — have not been clearly defined, and this case does not provide occasion to do so. Cf.

IN RE: SANDRA TILLMAN V. LAWRENCE WARFIELD

Court of Appeals for the Ninth Circuit · Nov 18, 2022

The panel held that § 724(a) concerns the trustee’s avoidance of qualifying liens attached to the property of the estate at the time of distribution. … WARFIELD 13 (and thereby immunized) . . . unless it first falls within the bankruptcy estate”) (emphasis added).

Hyung Joon Kim v. James W. Ziglar, Commissioner John Ashcroft, Attorney General

276 F.3d 523 · Court of Appeals for the Ninth Circuit · Jan 9, 2002

“Our cases ‘have long recognized the power to expel or exclude aliens as a fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control.’ ” Fiallo v. … We have held, against the contention of the government, that certain convictions do not qualify as aggravated felony convictions. See, e.g., Chowdhury v.

B. R. v. Merrick Garland

26 F.4th 827 · Court of Appeals for the Ninth Circuit · Feb 23, 2022

In contrast, we are much more wary of following B.R.’s reasoning, where even a day’s delay in service would grant the minor alien permanent immunity from removal. … to establish B.R.’s alienage.

Needbasedapps, LLC v. Robbins Research International, Inc.

655 F. App'x 541 · Court of Appeals for the Ninth Circuit · Jul 5, 2016

like judicial or qualified immunity. … An order denying immunity from suit is immediately appealable because such immunity is “effectively lost if a case is erroneously permitted to go to trial.”

Reilly v. United States Fidelity & Guaranty Co.

15 F.2d 314 · Court of Appeals for the Ninth Circuit · Oct 11, 1926

After stating that the principle on which any exemption is maintained is founded in the interest of the public, and is established in order to secure independence in the judiciary, he continued: “This principle, in my judgment … Ed. 646 , affirmed the principle that where there is clearly no jurisdiction over the subject-matter, any authority exercised is a usurped authority and for the exercise of such authority, when the want of jurisdiction is

David Lavelle v. Lvmpd

Court of Appeals for the Ninth Circuit · Aug 12, 2022

The district court properly dismissed Brown on the basis of qualified immunity, because the right LaVelle asserts—the right to preach in public on an amplified system audible at fifty feet—was not clearly established. … Qualified immunity shields an officer unless the officer infringes upon a constitutional right that is “clearly established,” meaning that its “contours” are “sufficiently clear that a reasonable official would understand

Jones v. Carey

111 F. App'x 935 · Court of Appeals for the Ninth Circuit · Oct 25, 2004

The parole procedure “afford[ed Jones] an opportunity to be heard,” and the Board’s decision “inform[ed him] in what respects he f[ell] short of qualifying for parole.” See Greenholtz v. … Accordingly, the California Superi- or Court’s determination that the Board did not violate Jones’ due process rights was neither contrary to, nor an unreasonable application of, clearly established federal law, as determined

Katie Garding v. Montana Department of Corrections

105 F.4th 1247 · Court of Appeals for the Ninth Circuit · Jun 28, 2024

As relevant here, by AEDPA’s terms, we can reverse a state court decision only if the “decision . . . was contrary to, or involved an unreasonable application of, clearly established” Supreme Court precedent. 28 U.S.C. § … The county attorney offered McFarling an immunity deal on an unrelated charge if he testified against Garding, but McFarling refused the deal.

Bolton v. Construction Laborers' Pension Trust

954 F.2d 1437 · Court of Appeals for the Ninth Circuit · Aug 30, 1991

As a result of this ruling, the district court found it unnecessary to consider the estoppel argument “to establish the fact of involuntariness.” … The sum of Levi’s two terms of covered employment is clearly more than the minimum of fifteen years required for vesting under the Plan.

Marron v. United States

8 F.2d 251 · Court of Appeals for the Ninth Circuit · Oct 5, 1925

They came into the possession of the officials of the penitentiary under established practice,1 reasonably designed to promote the discipline of the institution. … Kissane was not charged with failure to arrest criminals, and the jury was clearly instructed that he and Gorham could not be convicted on proof merely that they had been derelict in their duty as peace officers.

Willie Jones, Sr. v. United States

36 F.4th 974 · Court of Appeals for the Ninth Circuit · Jun 9, 2022

Therefore, the court should have asked whether § 113(a)(6) qualified as a crime of violence under the elements clause. … First, the majority is clearly wrong that we have never confronted this question.