Case law

Derish v. San Mateo-Burlingame Board Of Realtors

724 F.2d 1347 · Court of Appeals for the Ninth Circuit · Dec 23, 1983

Obviously, the right of the Realtors to be free of this claim as established in the state suit would be destroyed or impaired by the federal suit. … In Houtman, the factors related to the allocation of jurisdiction clearly disfavored application of preclusion doctrines.

United States v. Fort

472 F.3d 1106 · Court of Appeals for the Ninth Circuit · Jan 8, 2007

But it has clearly and consi- *1121 tently articulated its intention to preserve the confidentiality of inculpatory-witness identifications. … Although federal possession is necessary in order to qualify for the Rule 16(a)(2) exemption, it is not sufficient.

Howard E. BUNCH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee

680 F.2d 1271 · Court of Appeals for the Ninth Circuit · Jul 7, 1982

Turner, the feeling was that both the applicants were well qualified or very well qualified in terms of their flying backgrounds and experience and so on; is that correct, to your recollection? … Bunch has not established that the responses given by Lingelbach and Turner at their deposition, were “no longer true”, as required by Rule 26(e).

D.H. Blattner & Sons, Inc. v. Secretary of Labor, Mine Safety & Health Administration

152 F.3d 1102 · Court of Appeals for the Ninth Circuit · Aug 10, 1998

The Secretary has never published any regulation describing which independent contractors, if any, qualWy as "designated" independent contractors, nor has she established any procedure for "designating" independent contractors … While in Part 45 the Secretary clearly abandoned the idea of differentiating between independent contractors for liability purposes, nothing in that Part or the Secretary’s guidelines states that independent contractors will

McMorris v. Alioto

567 F.2d 897 · Court of Appeals for the Ninth Circuit · Jan 18, 1978

The search must be clearly necessary to secure a vital governmental interest, such as protecting sensitive facilities from a real danger of violence. United States v. Davis, supra; United States v. … He is under no compulsion to submit. 3 The requirement that a person give this qualified consent to the search strictly circumscribes the state’s authority and validates the limited intrusion at issue here.

United States v. Louis Luk

859 F.2d 667 · Court of Appeals for the Ninth Circuit · Oct 6, 1988

Pursuant to this request, the magistrate then called the officer who recited the facts which established probable cause. … Today’s majority decision breaks one more strand of protection, opens wider the door to insecurity, and invites still other takings of our immunities. I would reverse the judgment of the district court. .

Leroy Ellenburg, Plaintiff-Appellant/cross-Appellee. v. Brockway, Inc. & Spellman Cunningham, Defendants-Appellees/cross-Appellants

763 F.2d 1091 · Court of Appeals for the Ninth Circuit · Jun 20, 1985

In order to receive benefits from Continental he had to receive a pension with a qualified pension plan established by Brockway. … A review of the record shows that the district court’s findings are not clearly erroneous.

Public Integrity Alliance, Inc. v. City of Tucson

836 F.3d 1019 · Court of Appeals for the Ninth Circuit · Sep 2, 2016

Persons who reside within that ward and are registered with a political party qualified for representation on the ballot may vote in their party’s ward-level primary. Ariz. Rev. … Gray establishes no such principle.

Hughes Salaried Retirees Action Committee Peter Formo Richard E. Miller Norman C. Rigby v. Administrator of the Hughes Non-Bargaining Retirement Plan

72 F.3d 686 · Court of Appeals for the Ninth Circuit · Dec 15, 1995

ERISA § 104(b)(4) The majority opinion concludes that a list of the names and addresses of plan beneficiaries does not qualify as a “plan instrument” under ERISA § 104(b)(4). … Section 104(b)(4) requires the disclosure of “other instruments under which the plan is established or operated.”

Maria Benitez v. Immigration & Naturalization Service

56 F.3d 70 · Court of Appeals for the Ninth Circuit · Jun 2, 1995

Supp. at 800 . 13 Benitez's case was clearly pending with the EOIR on November 30, 1990. 8 C.F.R. … Id. 17 In order to qualify for asylum as a "refugee" under 8 U.S.C.

Jimmie Wayne Jeffers v. Samuel Lewis, Director, Arizona Department of Corrections, Donald B. Wawrzaszek, Superintendent, Arizona State Prison

5 F.3d 1199 · Court of Appeals for the Ninth Circuit · Sep 17, 1993

Like the sentencing court, the Arizona Supreme Court did not discuss whether Jeffers’s mitigating evidence qualified as nonstatutory mitigation. … The uncontradicted evidence of Jef-fers’s intoxication and addiction qualified as nonstatutory mitigation. Cf. Parker v.

Ballentine v. De Sylva

226 F.2d 623 · Court of Appeals for the Ninth Circuit · Aug 25, 1955

Thus, the author is entitled to the renewal, and then follows the qualifying phrase, “if [he is] still living”; next the widow or children are entitled to the renewal, and then follows the qualifying phrase, “if the author … The commentator gives no meaning whatever to the qualifying phrases.

Jose Roberto Canas-Segovia Oscar Iban Canas-Segovia v. Immigration and Naturalization Service

902 F.2d 717 · Court of Appeals for the Ninth Circuit · Apr 24, 1990

Withholding of deportation is mandatory once an alien establishes eligibility but the granting of asylum remains discretionary even after he establishes eligibility. … CONCLUSION We hold on the record established that the Cañases qualify for asylum and withholding of deportation relief because their refusal to serve in the military is based on genuine reasons of conscience and because such

Byrle L. Dillenburg v. A. Ludlow Kramer, Secretary of State of the State of Washington, and Carl G. Erlandson, City Clerk of the City of Seattle

469 F.2d 1222 · Court of Appeals for the Ninth Circuit · Nov 16, 1972

Board of Elections of the City of New York, supra, 380 F.2d 445 , which cases, appellee says, establish the insubstantiality of appellant’s constitutional contentions. … Earlier in our constitutional history, laws disenfranchising persons convicted of crime may have been immune from attack.

Sue De La Cruz v. James Tormey

582 F.2d 45 · Court of Appeals for the Ninth Circuit · Sep 13, 1978

Our task, then, is clearly defined. … U.S. at 264-65 , 97 S.Ct. 555 , the Court in both cases clearly intimated that such an impact, when coupled with proof of invidious intent, would establish such a violation.

San Francisco Baykeeper Citizens Committee to Complete the Refuge Michael R. Lozeau v. Cargill Salt Division Cargill Inc., San Francisco Baykeeper Citizens Committee to Complete the Refuge, and Michael R. Lozeau v. Cargill Salt Division Cargill Inc.

481 F.3d 700 · Court of Appeals for the Ninth Circuit · Mar 8, 2007

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. … to make out a claim, not a failure to establish jurisdiction).

98 Cal. Daily Op. Serv. 8959, 98 Daily Journal D.A.R. 12,479 Arthur Calderon, Warden of California State Prison at San Quentin v. The United States District Court for the Central District of California, Horace Edwards Kelly, Real Party in Interest

163 F.3d 530 · Court of Appeals for the Ninth Circuit · Dec 8, 1998

The law of the case established by a three-judge panel simply does not bind the en banc court. 2. … Zant, 499 U.S. 467, 486 , 111 S.Ct. 1454 , 113 L.Ed.2d 517 (1991) ( "subparagraph (b) [to 28 U.S.C. § 2244 ] establishes a qualified application of res judicata"). 70 By definition, a petition for writ of habeas corpus is

Alan Richards v. Lloyd's of London, an Unincorporated Association, John R. Norton, III Doris S. Norton Diane B. Allison Charles G. Bentzin F.M. Binkley Delmar A. Brady Samme Jo Brady George Maning Close Russell M. Collins Peter Dwares Robert Flesvig Donald P. Gallop Charles A. Gerlach, Jr. Robert W. Gerwig Richard C. Henry Michael C. Hirsh R. William Johnston James H. Kayian Joanne S. Kayian-Olooney Suzanne Kayian Lowell Conrad Lundell Judith M. Ott H.E. Rainbolt David L. Rosenblatt Ray Morse Sanderson Claire Tillman Warren G. Vander Voort Peter Beck Harold Franz Ilg John C. Griffin Ted Kosloff Francis J. Milon Glen R. Mogan Melanie M. Norton Joseph F. Weller v. Lloyd's of London, an Unincorporated Association Corporation of Lloyd's, AKA Society of Lloyd's, AKA the Society and Council of Lloyd's

135 F.3d 1289 · Court of Appeals for the Ninth Circuit · Feb 3, 1998

Gooda Walker Ltd., Queen's Bench Division (Commercial Court), The Times 7 October 1994. 6 37 While it is true that the Lloyd's Act immunizes Lloyd's from many actions possible under our securities laws, Lloyd's is not immune … If so, we have been cited to no authority that Lloyd's partial immunity would bar recovery. C 38 The addition of RICO claims does not alter our conclusion.

United States v. Smith

Court of Appeals for the Ninth Circuit · Mar 31, 2008

SMITH 3251 qualify as a doctor. … This instruction took a critical issue of fact away from the jury in violation of clearly established constitutional law. Accord- ingly, Medley’s enhancement . . . must be vacated. Id.

Robleto-Pastora v. Holder

Court of Appeals for the Ninth Circuit · May 27, 2009

See Kaganovich, 470 F.3d at 898 (agreeing with BIA’s determination that INA’s refugee provisions could not be read to immunize refu- gees from the INA’s removal provision). … [14] Petitioner fails to establish prejudice.