Case law
Opinions from 1658 to today.
10,000+ results
2.32s
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. .
Cited 5 timesPublishedAssociation of Mexican-American Educators v. California
231 F.3d 572 · Court of Appeals for the Ninth Circuit · Oct 30, 2000
He too is qualified, but for the test. … In doing so, it clearly erred. II.
Cited 27 timesPublished60 F.3d 1346 · Court of Appeals for the Ninth Circuit · Jul 19, 1995
by statute, ordinance, or regulation, or by a policy or practice established pursuant to principles of public accountability.... … The flexibility of the test established by the Supreme Court suggests the district courts’ approach was improper. See Skid-more, 323 U.S. at 137-40, 65 S.Ct. at 163-64.
Cited 62 timesPublished769 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.
Cited 88 timesPublished27 F.3d 392 · Court of Appeals for the Ninth Circuit · Jun 17, 1994
However, under no circumstances can an amount established for one pay period only qualify as salary under the “regularly received each pay period” standard. … The evidence clearly shows that the penalties were in fact disciplinary reductions. First, the Manual permitted the police to impose "economic sanctions” for violations of rules.
Overruled on other grounds by Auer v. Robbins, 519 U.S. 452 (1997)Cited 12 timesPublishedUNITED STATES of America, Plaintiff-Appellee, v. James Robert HERNANDEZ, Defendant-Appellant
109 F.3d 1450 · Court of Appeals for the Ninth Circuit · Mar 31, 1997
In any event, the comments do not establish “deep-seated bias or favoritism.” Id. … The district court’s finding of no bad faith, based on Ruiz’s testimony that she destroyed the gun pursuant to standard department procedures, is clearly supported by the record.
Cited 247 timesPublished937 F.2d 1450 · Court of Appeals for the Ninth Circuit · Jul 3, 1991
For that reason, only "qualified" orders are exempted. … She is clearly wrong.
Cited 0 timesPublishedUS Ex Rel. Frank Solis v. Millennium Pharmaceuticals
Court of Appeals for the Ninth Circuit · Mar 15, 2018
Solis can still establish subject matter jurisdiction, however, if he can show that he qualifies as an “original source.” 31 U.S.C. § 3730(e)(4). … Even assuming these efforts established a scheme to submit false claims, Solis has failed to identify a single claim submitted pursuant to the scheme.
Cited 0 timesPublishedClinton 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 .
Cited 50 timesPublishedMaria Elosu v. Middlefork Ranch Incorporated
26 F.4th 1017 · Court of Appeals for the Ninth Circuit · Feb 23, 2022
Koster arrived at this conclusion by conducting an analysis of the fire scene and applying known scientific principles and established fire investigation methodology. … As an initial matter, these factual conclusions appear to be clearly erroneous. See Lukashov, 694 F.3d at 1114.
Cited 130 timesPublishedRobert Contreras v. Julio Benavides
603 F. App'x 530 · Court of Appeals for the Ninth Circuit · Feb 20, 2015
Defendants are not entitled to qualified immunity because the law was clearly established that shooting an unarmed, physically trapped suspect in the back four times is excessive force. Tennessee v.
Cited 0 timesUnpublishedTiffany Tabares v. City of Huntington Beach
Court of Appeals for the Ninth Circuit · Feb 17, 2021
Separately, there is no “qualified immunity under California law” comparable to federal § 1983 jurisprudence. Venegas v. Cnty. of Los Angeles, 153 Cal. App. 4th 1230, 1249 (Ct. … But even if the officers’ alleged pre-shooting negligence does not establish a constitutional violation, it may establish negligence under California law. 18 TABARES V.
Cited 0 timesPublished641 F.3d 333 · Court of Appeals for the Ninth Circuit · Apr 7, 2011
To qualify for withholding of removal, an applicant must establish that she is a refugee. 8 U.S.C. §§ 1158(b)(1)(B), 1231(b)(3)(C). … The INA’s withholding of removal provisions are clearly intended to protect individuals from being returned to countries where they are likely to be persecuted.
Cited 50 timesPublishedOfficial Airline Guides, Inc. v. Goss
6 F.3d 1385 · Court of Appeals for the Ninth Circuit · Oct 7, 1993
The district court’s judgment follows a remand from this court for reconsideration of whether OAG’s mark qualifies for trademark protection. … OAG contends that the district court’s finding of no likelihood of expansion is clearly erroneous.
Cited 343 timesPublishedSt. Joseph Hospital v. Leavitt
280 F. App'x 587 · Court of Appeals for the Ninth Circuit · May 21, 2008
To qualify for an exception to its prospective payment rate on the ground that it provided atypically intense services, see 42 C.F.R. §§ 413.182 (a), 413.184(a) (2001), St. … The regulations clearly establish the duty of an applicant for an exception request to provide specific documentary information, including “documentation on costs of nursing personnel ... showing ...
Cited 0 timesPublished545 F.3d 1161 · Court of Appeals for the Ninth Circuit · Oct 6, 2008
. *1164 To qualify as a “native village” under ANCSA, the Secretary must determine that: (A) twenty-five or more Natives were residents of an established village on the 1970 census enumeration date as shown by the census … Congress clearly had the authority to designate Leisnoi an eligible village and to confer upon Leisnoi public lands.
Cited 16 timesPublishedPasadena Republican Club v. Western Justice Center
985 F.3d 1161 · Court of Appeals for the Ninth Circuit · Jan 25, 2021
Not only did the private hospital lease its facility from the state, but the grounds were “recognizable” and “clearly marked as a state hospital.” Id. at 756. … To establish Monell 22 PASADENA REPUBLICAN CLUB V. W. JUSTICE CTR.
Cited 71 timesPublished31 F.4th 745 · Court of Appeals for the Ninth Circuit · Apr 15, 2022
HOUSE 3 remand for resentencing without treating the marijuana conviction as a qualifying offense. … “A district court abuses its discretion when it errs in its Guidelines calculation, imposes a sentence based on clearly erroneous facts, or imposes a substantively unreasonable sentence.” United States v.
Cited 4 timesPublished306 F.3d 794 · Court of Appeals for the Ninth Circuit · Sep 20, 2002
essence of a thing; essential," 122 S.Ct. at 691 (quoting Webster's Third New International Dictionary 2280 (1976) and 17 Oxford English Dictionary 66-67 (2d ed. 1989)), the Court concluded that "[t]he word `substantial' thus clearly … In any event, taking all of the evidence as a whole, the EEOC contends that the findings were not clearly erroneous. 32 We agree with the EEOC that the vision protocol is the most compelling evidence of UPS's attitude toward
Cited 0 timesPublished520 F. App'x 622 · Court of Appeals for the Ninth Circuit · Jun 5, 2013
judgment in favor of the officer-defendants on the basis of qualified immunity. We review the district court’s decision de novo. Chism v. Washington, 661 F.3d 380, 386 (9th Cir. 2011). … For the Johnsons’ judicial deception claim to survive a motion for summary judgment on the grounds of qualified immunity, they “must 1) make a substantial showing of [the officers’] deliberate falsehood or reckless disregard
Cited 0 timesUnpublished
Ask Donna