Case law

Frunz v. City of Tacoma

468 F.3d 1141 · Court of Appeals for the Ninth Circuit · Nov 13, 2006

The officers appeal, claiming the verdict is not supported by the evidence and that they are, in any event, entitled to qualified immunity. … And with good reason: The officers never looked at the restraining order, as they were clearly required to do, if they wished to rely on it. Beier v. City of Lewiston, 354 F.3d 1058, 1069 (9th Cir. 2004).

Xilinx, Inc. v. Cir

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

[5] Xilinx’s argument that § 1.482-7’s accounting require- ments allow taxpayers to self-define what is and is not a cost 12 Those two subsections establish accounting requirements that taxpay- ers in a qualified … Rather, the regulation’s accounting requirements are clearly intended to ensure the government has a basis upon which to verify whether taxpayers who obtain the benefit of a qualified cost sharing agreement are accurately

Mary Johnson v. Ron Wall

520 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

Arthur Calderon, Warden v. The United States District Court for the Northern District of California, Robert Henry Nicolaus, Real-Party-In-Interest

98 F.3d 1102 · Court of Appeals for the Ninth Circuit · Oct 22, 1996

Nelson, 394 U.S. 286 , 89 S.Ct. 1082 , 22 L.Ed.2d 281 (1969), which established the basis for Rule 6: “[I]n appropriate circumstances, a district court, confronted by a petition for habeas corpus which establishes a prima … Here, Nicolaus does not contend that his discovery request qualifies for this exception. Fourth, courts should not allow prisoners to use federal discovery for fishing expeditions to investigate mere speculation.

United States v. Norman Anthony King, AKA Norm King, AKA Norman August Klause

257 F.3d 1013 · Court of Appeals for the Ninth Circuit · Aug 3, 2001

These material falsehoods on the “Final Notice” postcards qualify as knowingly false, material statements made with the intent to defraud. … Accordingly, the record supports the amount of restitution as established by the district court, and we affirm that portion of the sentence. 5 8.

Vista Hill Foundation, Inc. v. Heckler

767 F.2d 556 · Court of Appeals for the Ninth Circuit · Jul 29, 1985

Moore is not a qualified expert. Nor did she present any experts of her own. … Accordingly, if Vista Hill did not provide the services, it would not qualify as a Medicare provider.

Jamien Jensen v. Exc Incorporated

82 F.4th 835 · Court of Appeals for the Ninth Circuit · Sep 22, 2023

Defense counsel’s cross-examination in the instant case did not establish that Plaintiffs’ experts had relied on the opinions in the ADPS report and, on this record, they could not have established that. … whose qualifications, methods, and reasoning have not been adequately established.

Borden Ranch Partnership v. United States Army Corps of Engineers

261 F.3d 810 · Court of Appeals for the Ninth Circuit · Aug 15, 2001

These cases recognize that activities that destroy the ecology of a wetland are not immune from the Clean Water Act *815 merely because they do not involve the introduction of material brought in from somewhere else. … The focus is clearly on each violation, and courts have consistently rejected attempts to limit civil penalties to the number of days in which violations occur.

Hector Navarro v. Encino Motorcars

845 F.3d 925 · Court of Appeals for the Ninth Circuit · Jan 9, 2017

“Primarily Engaged in Selling or Servicing Automobiles” A service advisor clearly is not a “salesman . . . primarily engaged in selling . . . automobiles.” … Service advisors may be salesmen of a sort, but they do not qualify as salesmen primarily engaged in selling cars because they do not sell cars.

Simon Perri, Jr., D/B/A Perri Jewelers v. Department of the Treasury Bureau of Alcohol, Tobacco and Firearms

637 F.2d 1332 · Court of Appeals for the Ninth Circuit · Apr 2, 1981

On this evidence, the court’s findings were not clearly erroneous. b. Willful Violation To establish grounds for revocation of a license, the government must demonstrate a willful violation of the Act. … And, at the administrative hearing, Perri testified he would refuse to sell a firearm if he knew a qualified buyer was buying a firearm for a prohibited person.

Vision Sports, Inc. v. Melville Corp.

888 F.2d 609 · Court of Appeals for the Ninth Circuit · Oct 18, 1989

The district court’s conclusion that the VSW logo is nonfunctional was not clearly erroneous. B. … The district court did not err in finding that Vision established a likelihood of success on the merits with respect to its trademark infringement claim. VI.

Linthicum v. Wagner

94 F.4th 887 · Court of Appeals for the Ninth Circuit · Feb 29, 2024

“[A] universal and long- established tradition of prohibiting certain conduct creates a strong presumption that the prohibition is constitutional . . . .” … Senate President failed to excuse the Senators’ absences because of the content of their putative 13  We think, for the reasons already given, that the walkout here is more clearly

United States v. Charles W. Smith

519 F.2d 516 · Court of Appeals for the Ninth Circuit · Jul 2, 1975

The August 12 conversation, No. 668, in which the defendant-appellant spoke with co-defendant Gordon Yamashiro, clearly indicates the defendant-appellant’s involvement, exclusive of any other wire tap evidence containing … We next consider admission in No. 74 — 2937 of expert testimony. *521 Any qualified expert, and usually, only such a qualified expert, 1 may express an opinion, and not be restricted in his testimony to facts of which he

Kimball v. Callahan

590 F.2d 768 · Court of Appeals for the Ninth Circuit · Jan 26, 1979

Enforcement Division, have appealed from a judgment declaring that appellees, five Klamath Indians and the Klamath Indian Game Commission, and the members of the Klamath Indian Tribe are “entitled to the rights, privileges and immunities … The Acting Secretary of Interior also recognized that different interpretations of its effect were possible, and advised Congress to clearly state its intentions. Letter to Hon. Richard L.

41 cont.cas.fed. (Cch) P 77,057, 96 Cal. Daily Op. Serv. 7368, 96 Daily Journal D.A.R. 12,067 James E. Frazee and Joann P. Frazee, Doing Business as High Lakes Contractors v. United States Forest Service United States Department of Agriculture John E. Lowe, Regional Forester, Pacific Northwest Region Sally Collins, Supervisor of Deschutes National Forest

97 F.3d 367 · Court of Appeals for the Ninth Circuit · Oct 2, 1996

If such a basis exists, we overturn the ruling only if it is clearly erroneous." Rosenfeld v. … The court then established a separate test to be applied to information voluntarily submitted to the government.

Farid Faham Gamal Ghaly v. Immigration and Naturalization Service

58 F.3d 1425 · Court of Appeals for the Ninth Circuit · Jul 6, 1995

VI Finally, Ghaly contends that we should remand this case for the Board to consider newly discovered evidence, including a New York Times article and evidence that Ghaly qualifies for suspension of deportation. … Ghaly has not established reasonable grounds for failing to present similar evidence to the Board.

Kunimoto v. Fidell

26 F. App'x 630 · Court of Appeals for the Ninth Circuit · Nov 20, 2001

Kunimoto’s claims may not have been derivative on their face does not immunize her complaint from Rule 11 sanctions. Townsend, 929 F.2d at 1363 . … Plaintiff in this case did not seek to establish the invalidity of any creditors’ claims, and so the “surplus” exception could not possibly apply.

United States v. Darin Ray Goodrich

919 F.2d 1365 · Court of Appeals for the Ninth Circuit · Nov 20, 1990

: I think it clearly has been established that the extent of his perjury, the aggravating factor[,] clearly allows the court, under 5K2 to depart upward. … What I think these guidelines establishes [sic] is that when there is a false statement made, a perju-rious statement made, that the guidelines fail.

National Ass'n for the Advancement of Colored People v. Jones

131 F.3d 1317 · Court of Appeals for the Ninth Circuit · Dec 16, 1997

Kaplan clearly disposes of Lind-ner’s claim to a First Amendment right to have his statement published for free. … Nor can plaintiffs cite any case establishing a fundamental right of voters to contribute to a successful campaign.

Lawrence E. Wilson, Warden San Quentin State Prison v. Glenn Rose

366 F.2d 611 · Court of Appeals for the Ninth Circuit · Sep 12, 1966

A guilty plea does not immunize a judgment from a collateral attack challenging the constitutional validity of the plea itself. … This is clearly the federal rule. Randazzo v. United States, 339 F.2d 79, 81 (5th Cir., 1964); Munich v. United States, 337 F.2d 356 (9th Cir., 1964); Porter v.