Case law

Akhtar v. Burzynski

384 F.3d 1193 · Court of Appeals for the Ninth Circuit · Oct 5, 2004

For the remainder of family-sponsored immigrants, Congress has established a series of preference categories. … The V Visa classification clearly limits the class of qualifying aliens to beneficiaries of the F[amily]2A immigrant visa preference....

United States v. Vernon Lee Bad Marriage, Jr.

439 F.3d 534 · Court of Appeals for the Ninth Circuit · Feb 22, 2006

When we clearly indicate our intention to do so, the district court ordinarily lacks authority to consider any issues not within the scope of the remand. See United States v. … The fact that some of the district court’s reasons for imposing the long sentence did not violate the law of the case does not, however, immunize the sentence for law of the case purposes.

Hoyt Crace v. Robert Herzog

798 F.3d 840 · Court of Appeals for the Ninth Circuit · Aug 14, 2015

HERZOG 29 clearly established Federal law, as determined by the Supreme Court of the United States.” The clearly established law in this case includes Strickland v. … Reinhardt, The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court’s Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences

Paritem Singh Poonian v. United States

294 F.2d 74 · Court of Appeals for the Ninth Circuit · Aug 24, 1961

“Indictments are now immune from the technical challenges permitted at common law. … They will be held sufficient if as a practical matter they state the elements of the offense clearly enough to enable the defense to prepare for trial and to plead a judgment in bar of a future prosecution for the same offense

UNITED STATES of America, Plaintiff-Appellee, v. Johnny Mateo VANCE, Defendant-Appellant

62 F.3d 1152 · Court of Appeals for the Ninth Circuit · Aug 7, 1995

Nevertheless we are compelled to find that the district court clearly erred in this case, United States v. … Because there was no significant evidence the other way, the finding that Vance had not accepted responsibility was clearly erroneous.

United States v. Richard Mittelman Weldon Ray Reeves

999 F.2d 440 · Court of Appeals for the Ninth Circuit · Jul 21, 1993

The government contends that the court clearly erred in finding that the Agent made intentional or reckless material misstatements or omissions to the magistrate. … Law offices are not immune from search.

Operating Engineers Pension Trust v. Beck Engineering & Surveying Co.

746 F.2d 557 · Court of Appeals for the Ninth Circuit · Nov 1, 1984

The Supreme Court has emphasized that a Section 8(f) pre-hire agreement may be repudiated only so long as majority status has not been established. … Clearly, the prejudgment interest exceeded that amount. The district court was thus statutorily required to award the Trusts an amount equal to the prejudgment interest as liquidated damages.

Cassirer v. Thyssen-Bornemisza Collection Foundation

737 F.3d 613 · Court of Appeals for the Ninth Circuit · Dec 9, 2013

The district court ruled that it had subject matter jurisdiction under the Foreign Sovereign Immunity Act’s exception to sovereign immunity for lawsuits involving rights in property taken in violation of international law … We affirm the district court’s ruling that “the Foundation cannot establish such a claim on the basis of the current record.” In Campbell v.

Smith-Booth-Usher Co. v. Detroit Copper Mining Co. of Arizona

220 F. 600 · Court of Appeals for the Ninth Circuit · Feb 1, 1915

Cox, who was admitted by the defendant to be a qualified expert, testified that the small amount of suspended matter in the gas would have no injurious effects on the defendant’s engines or pipes, and although he admitted … The case was clearly one for the jury. The judgment is reversed, and the cause is remanded for a new trial.

Robert Leppaluoto Judina Leppaluoto v. United States

972 F.2d 1340 · Court of Appeals for the Ninth Circuit · Aug 17, 1992

Qualified Immunity 11 The Leppaluotos contend the district court erred by finding that the Leppaluotos had failed to state a claim against the remaining defendants who, as government officials, were entitled to qualified … This contention lacks merit. 12 Government officials sued under Bivens are entitled to qualified immunity "from liability for civil damages insofar as their conduct does not violate clearly established ... constitutional

Clinton Roy Petrie v. United States

407 F.2d 267 · Court of Appeals for the Ninth Circuit · Feb 12, 1969

Clearly, there was basis in fact for a determination that Petrie did not. make a prima facie showing as to the second of the enumerated conditions, namely, that he could not be replaced as a flight instructor. … Thus the registrant would effect his removal from class I-O, and under Klubmkin, he would qualify for placement in class III-A. 16 .

United States v. Lundstrom

139 F.2d 792 · Court of Appeals for the Ninth Circuit · Dec 20, 1943

With this in mind we think the trial court was not clearly in error in applying the provision to the solution of the problem presented to it. … It was not shown definitely that the table was in effect as fixing official rates at the time the hauling was done, but several qualified witnesses testified in reference to it and stated that the rates provided therein were

George Fields, Personal Representative of the Estate of Laura Fields v. Legacy Health System, An, Oregon Corporation, Dba/legacy Laboratory Services. George Fields, Personal Representative of the Estate of Laura Fields Estate of Laura Fields v. Legacy Health System, an Oregon Corporation, Dba/legacy Laboratory Services.

413 F.3d 943 · Court of Appeals for the Ninth Circuit · Jun 22, 2005

The actions here appealed fall under Oregon's wrongful death statute, section 30.020, which is clearly not within the statutory ranges listed in section 12.160. … products have been granted a privilege or immunity not available equally to others in the same class.

Fernando-Ruiz v. Gonzales

Court of Appeals for the Ninth Circuit · Nov 14, 2006

If the record of conviction that is intro- duced at the hearing before the IJ is not sufficient to establish that the offense qualifies as a basis for removal, “the govern- ment has not met its burden of proving that the … [7] Moreover, we cannot apply the modified categorical approach because the record does not contain any “documen- tation or judicially noticeable facts that clearly establish that the conviction is a [crime of moral

Northern Pac. Ry. Co. v. McCormick

94 F. 932 · Court of Appeals for the Ninth Circuit · May 22, 1899

This clearly does not mean all sections of land designated by odd numbers within the limits of the grant, but only such sections as are granted by the act to the railroad company. … route of the road was fixed, February 21, 1872, and prior to the establishment of its line of definite location, July 6, 1882, certain persons, qualified to enter mineral lands under the laws of the United States, entered

Ronald John Dupard v. P.R. Kringle, Deputy U.S. Marshal Thomas P. Spillane, Deputy U.S. Marshal

76 F.3d 385 · Court of Appeals for the Ninth Circuit · Feb 9, 1996

immunity" instruction: (1) should not have been given because qualified immunity was not an issue; and (2) misstates the law on qualified immunity by suggesting that the defendants' subjective state of mind is relevant. … failed to do,' " and thus a qualified immunity instruction was appropriate.

Underhill v. Royal

769 F.2d 1426 · Court of Appeals for the Ninth Circuit · Aug 29, 1985

No action was taken by the Department for the company’s failure to qualify the program under the state securities laws. Royal started two companies in Escondido, California. … National Mortgage Exchange (NME) was formed in 1976 but was not active until early 1979 when it began to establish franchises for a mortgage brokerage business.

Dish Network Corp. v. Federal Communications Commission

636 F.3d 1139 · Court of Appeals for the Ninth Circuit · Feb 24, 2011

The provision accelerates the HD timetable for “qualified noncommercial educational television stations.” … DISH does not concede that the FCC’s 2008 rule establishing the initial timetable is constilutional, but does not challenge it here. .

United States v. Becerril-Lopez

541 F.3d 881 · Court of Appeals for the Ninth Circuit · Aug 29, 2008

The evidence also establishes, that, more probably than not, the jury’s verdict would have been the same absent the evidentiary error. The conviction must therefore be affirmed. III. … Accordingly, the district court did not clearly err when it denied the downward adjustment. See United States v. Cantrell, 433 F.3d 1269, 1284-86 (9th Cir.2006). D.

Brackney v. Combustion Engineering, Inc.

674 F.2d 812 · Court of Appeals for the Ninth Circuit · Apr 15, 1982

We find that this determination of the district court is not clearly wrong and must be affirmed. … As to Brackney’s due process claim, a facts and circumstances test on this issue was established by the Supreme Court in 1890. In Wheeler v.