Case law

Crow Tribe of Indians v. Montana

819 F.2d 895 · Court of Appeals for the Ninth Circuit · Jun 11, 1987

Clearly, this case resembles Cabazon more than it does Colville. The coal is the Tribe’s property, a natural resource. … From all of this, one must conclude that the taxes imposed are the components that differ most clearly between Montana and Wyoming.

Mendez v. County of San Bernardino

540 F.3d 1109 · Court of Appeals for the Ninth Circuit · Aug 27, 2008

Nonetheless, the district court’s findings of fact as to the reprehensibility of Reyes’ conduct were not clearly erroneous. … These rules establish “minimum standards for training of city police officers” and other peace officers in California. See CahPenal Code § 13510(a).

Christian Wagner and Rosemarie Wagner v. Director, Federal Emergency Management Agency, Ms. Dolphia Blocker, Mr. & Mrs. James Digby, Mr. & Mrs. William Frumovitz, Mr. & Mrs. Edward Gomoll, Mr. & Mrs. Brian Grazer, Ms. Eleanor Mirsky, Mr. Pernell Roberts, Ms. Kara Knack v. Director, Federal Emergency Management Agency, Gerald Breslauer, Trustee of the Pacific Coast Highway Security Trust, and Robert Ferguson v. Director, Federal Emergency Management Agency, Samuel and Carolyn Black, Stephen and Brigette Bosustow, Sumi Tatsui, Anthony and Hedy Stute v. Director, Federal Emergency Management Agency

847 F.2d 515 · Court of Appeals for the Ninth Circuit · May 20, 1988

Since 1979, the Director of the Federal Emergency Management Agency (FEMA) has administered the program for the federal government through the Federal Insurance Administration. 1 In order to qualify for flood insurance benefits … Because waivers of sovereign immunity are construed narrowly, Lehman v.

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.

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.

National Labor Relations Board v. Sav-On-Drugs, Inc.

709 F.2d 536 · Court of Appeals for the Ninth Circuit · Jun 27, 1983

Scope of Review Having jurisdiction to review the Regional Director’s decision the Board proceeded to examine whether the Guild would be qualified to represent employees in collective bargaining. … Therefore, violations of section 8(a)(5) and (1) are established. See N.L.R.B. v.

Atherton v. United States

176 F.2d 835 · Court of Appeals for the Ninth Circuit · Aug 5, 1949

The government claims that Section 5 (g) is qualified by 50 U.S.C.A. … The immunity was not unlimited and the Government still required a duty of them in the multitudes of civil business connected with the war.

Operating Engineers' Local 428 Pension Trust Fund v. Zamborsky

650 F.2d 196 · Court of Appeals for the Ninth Circuit · Jul 6, 1981

(West 1980 Supp.) insofar as it allows the garnishment of pension benefits due to an individual from an ERISA qualified and regulated pension trust fund. Mrs. … as part of a community property award established through divorce proceedings, pension benefits otherwise payable to her ex-husband.

San Pedro, L. A. & S. L. R. v. Brown

258 F. 806 · Court of Appeals for the Ninth Circuit · May 19, 1919

carrier arises to any person suffering injury resulting in whole or in part from the negligence of any of the officers, agents, or employés of such carrier, and no “contract” or “rule” made for the purpose of attempting to establish … In qualifying the assumption, the court said in effect that where the injury-to the employé does not result in whole or in part from the negligence of any of the agents or employés of the employing carrier, or by reason of

Barnard v. United States

162 F. 618 · Court of Appeals for the Ninth Circuit · May 4, 1908

No mere pretense of establishing a residence upon the land or occasional visits to it will answer the requirement. … If the admission of this evidence was error, it was clearly without prejudice, as it was not contradicted in any particular.

Vance v. Hegstrom

793 F.2d 1018 · Court of Appeals for the Ninth Circuit · Jul 1, 1986

There is no clearly expressed legislative intent to the contrary. … Deeming income thus has the effect of reducing both the number of individuals eligible for Medicaid and the amount of assistance paid to those who qualify.

Cheng Hsu v. PBIG Management Co.

291 F. App'x 809 · Court of Appeals for the Ninth Circuit · Aug 18, 2008

As the district court found, and as this panel unanimously concludes to be not clearly erroneous, such actions are sufficient to constitute “general solicitation” under federal law. … In its findings of fact and conclusions of law, the district court found that the four contested investors were qualified.

United States v. Burdette George Winn

577 F.2d 86 · Court of Appeals for the Ninth Circuit · Jun 19, 1978

Attorney, the defendant, or the court sua sponte, the court “shall cause the accused ... to be examined . . . by at least one qualified psychiatrist, who shall report to the court.” (Emphasis added.) … The record clearly shows that appellant’s first lawyer found nothing objectionable in the competency report.

The Quechan Tribe of Indians v. Raymond Rowe, Sheriff of Imperial County

531 F.2d 408 · Court of Appeals for the Ninth Circuit · Feb 2, 1976

Article IV, Section 7 of that Constitution provides: 'The Council shall have the power to promulgate ordinances . . . and to establish minor courts . . . for the trial and punishment of members of the Tribe charged with the … But Buker's action in taking the guns was not so outrageous as to be clearly beyond the scope of his authority. The incident occurred just before dark. The youths were obviously angered by his stopping them.

Schroeder v. United States

Court of Appeals for the Ninth Circuit · Jun 22, 2009

Because the United States was not acting in its capacity as sovereign in enacting ELIHPA, the government may not assert a sovereign immunity defense in such an action. … Therefore, under Schroeder’s theory, the final payments would necessar- ily coincide with—indeed, they would establish—the maturity dates.

United States v. Paul Duhart

496 F.2d 941 · Court of Appeals for the Ninth Circuit · Jun 27, 1974

Appellant objected to the testimony of the pathologist on the ground that the “chain of custody” of the specimens had not been sufficiently established. … No attempt was made to lay the foundation necessary to qualify under the Act.

John E. Brady v. Glen E. Robinson, U.S. Marshal

77 F.3d 488 · Court of Appeals for the Ninth Circuit · Feb 20, 1996

III. 9 Brady also argues that the district court erred in applying the doctrine of qualified immunity. … A governmental official performing discretionary functions is entitled to qualified immunity from civil liability for damages if a reasonable officer could have believed that the conduct was lawful, in light of clearly established

United States v. Victor Bazuaye, AKA Victor Austin Abdullahi Nmn Mohammed

240 F.3d 861 · Court of Appeals for the Ninth Circuit · Feb 20, 2001

But, we agree with the Sixth Circuit’s decision in Scartz that the use of normal banking channels is enough to establish the interstate commerce element of the offense. … A defendant who qualifies for this reduction is eligible for an additional one point reduction if the original offense level is 16 or greater and the defendant has assisted authorities in the investigation or prosecution

Karim Khoja v. Orexigen Therapeutics, Inc.

899 F.3d 988 · Court of Appeals for the Ninth Circuit · Aug 13, 2018

In that scenario, there is no fact established by the transcript “not subject to reasonable dispute,” and the fact identified does not qualify for judicial notice under Rule 201(b). … See In re Immune Response Sec. Litig., 375 F. Supp. 2d 983, 995–96 (S.D.

Stuhlbarg International Sales Company, Inc., a California Corporation, D/B/A Sisco v. John D. Brush and Company, Inc., a New York Corporation

240 F.3d 832 · Court of Appeals for the Ninth Circuit · Feb 13, 2001

Abbott Laboratories and Lee Pharmaceuticals establish that, just as the case or controversy requirement of Article III prevents a court from hearing an abstract question, the ripeness requirement prevents “the courts ... … Likelihood of Success on the Merits Sisco does not dispute that Brush’s “Fire-Safe” mark is incontestible, and is therefore immune from challenge on certain grounds. See 15 U.S.C. § 1115 (b).