Case law

Moser v. New York Life Ins.

151 F.2d 396 · Court of Appeals for the Ninth Circuit · Oct 25, 1945

In 1910 appellee established a dual agency system. This consisted of a modified single agency agreement plus what will here be referred to as Nylic. … Clearly, any estimates in 1910 based upon such then incalculable factors as these could be no more than guesses as to an inchoate state of affairs that would not take shape for many years, and that would ultimately be created

Tall v. Mukasey

Court of Appeals for the Ninth Circuit · Feb 26, 2008

“To determine whether a conviction is for a crime involving moral turpitude, we apply the categor- ical and modified categorical approaches established by the Supreme Court.” Navarro-Lopez v. … “A crime having as an element the intent to defraud is clearly a crime involving moral turpitude.” Id. (internal quotation omitted).

Securities and Exchange Commission v. Paul S. Rubera, Securities and Exchange Commission v. Paul S. Rubera

350 F.3d 1084 · Court of Appeals for the Ninth Circuit · Dec 5, 2003

Harrison and established a sinking fund to finance the buyback insurance. When Mr. … Rub-era acted with scienter was not clearly erroneous. AFFIRMED. 1 .

Bolton v. Construction Laborers' Pension Trust for Southern California

943 F.2d 1117 · Court of Appeals for the Ninth Circuit · Aug 30, 1991

As a result of this ruling, the district court found it unnecessary to consider the estoppel argument “to establish the fact of involuntariness.” … The sum of Levi’s two terms of covered employment is clearly more than the minimum of fifteen years required for vesting under the Plan.

Jason Schmidt v. City of Seattle (Spd)

357 F. App'x 120 · Court of Appeals for the Ninth Circuit · Dec 4, 2009

Org., 307 U.S. 496, 515 (1939) (Citizens of the United States have right to assemble in public areas to discuss views on public questions as part of their “privileges, immunities, rights and liberties”). … The district court concluded that Officer Zurcher and Lieutenant Lowe were entitled to qualified immunity based on the declarations they filed in support of their motion for summary judgment.

99 Cal. Daily Op. Serv. 2242, 99 Cal. Daily Op. Serv. 2425 Horace Gozon Friend v. Janet Reno, Attorney General U.S. Department of Justice Immigration and Naturalization Service, Horace Gozon Friend v. Janet Reno, Attorney General U.S. Department of Justice Immigration and Naturalization Service

172 F.3d 638 · Court of Appeals for the Ninth Circuit · Mar 29, 1999

In 1902, the Philippine Government Act, ch. 1369, § 4, 32 Stat. 691 , 692 (1902), established that all residents of the Philippines "shall be deemed and held to be citizens of the Philippine Islands." … See id. at 1451. 29 Hawaii, in contrast, clearly was incorporated into the United States, and its inhabitants were made citizens of the United States at a very early date.

In Re: Steven H. Stern, Debtor, No. 00-56431 David A. Gill, Chapter 7 Trustee v. Steven H. Stern, in Re: Steven H. Stern, Debtor, Steven H. Stern v. David A. Gill, Chapter 7 Trustee, and Dove Audio, Inc.

345 F.3d 1036 · Court of Appeals for the Ninth Circuit · Oct 7, 2003

welfare benefit plan and In re Lowenschuss addressed a pension plan is outcome determinative. 29 29 U.S.C. § 1002 (1) defines an ERISA-qualified welfare benefit plan as one "established or maintained ... for the purpose … Rather, the "... court ... must have undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable."

Twin Falls Canal Co. v. American Falls Reservoir Dist. No. 2

59 F.2d 19 · Court of Appeals for the Ninth Circuit · May 23, 1932

No liability against appellee is established. Nor do the provisions of section 21 of the contract between appellee and the United States change the actionable relation. … The & i, j cases cited by appellant have been examined and considered, but are either not persuasive . , [. .717 or clearly distinguishable. Affirmed.

United States v. Koenig

952 F.2d 267 · Court of Appeals for the Ninth Circuit · Dec 19, 1991

did not clearly err in calculating the intended loss. … Hussey argues that he did not qualify as a manager or supervisor because he did not direct other members of the conspiracy.

Wiltshire v. Standard Oil Co. of California

652 F.2d 837 · Court of Appeals for the Ninth Circuit · Aug 3, 1981

resolution was not clearly foreshadowed .... … In Bowen we first applied a threshold test to determine whether the decision at issue established a new rule. If a new rule was established, we then applied a three-pronged analysis set out in Stovall v.

Emeldi v. University of Oregon

673 F.3d 1218 · Court of Appeals for the Ninth Circuit · Mar 21, 2012

As the above discussion reveals, there is ample circumstantial evidence to establish causation. … While the University characterizes Emeldi's answer as an admission that she does not know whether Horner’s resignation was motivated by retaliatory animus, we note that Emeldi clearly says, elsewhere in her deposition, that

Manuel De Jesus Ortega Melendr v. Joseph M. Arpaio

Court of Appeals for the Ninth Circuit · Sep 25, 2012

Based on the above, we have exercised jurisdiction to review issues related to sovereign and qualified immunity, subject matter jurisdiction, and abstention. See Meredith, 321 F.3d at 816. … [3] In sum, we conclude that the district court did not clearly err in finding that the threatened constitutional injury was likely to occur again, and thus, there was no error in the determination that the Plaintiffs

United States v. Lawrence J. Kidder

869 F.2d 1328 · Court of Appeals for the Ninth Circuit · Mar 15, 1989

At most, the affidavits establish that in-patient psychiatric care would be the best course of treatment; they do not establish that it is the only constitutionally acceptable treatment. … Kidder argues that his actions were caused by his mental illness and drug addiction and that the involuntary nature of his actions renders them immune from criminal punishment of the sort imposed here.

Alperin v. Vatican Bank

410 F.3d 532 · Court of Appeals for the Ninth Circuit · Jun 8, 2005

The appeals were adjourned in light of the impending establishment of a foundation to handle claims against German companies, and the appeals were "ultimately voluntarily dismissed in May 2001 in connection with the establishment … The United States and the Vatican established diplomatic relations on January 10, 1984. Vatican Background Note, supra note 2. .

John H. Rickey and Lorraine C. Rickey v. Commissioner of Internal Revenue

502 F.2d 748 · Court of Appeals for the Ninth Circuit · Jul 19, 1974

And, in order to exclude those investments which clearly would have been forthcoming without the stimulation provided by § 1244, Congress required a written “plan . to offer such (i. e., § 1244) stock”- — • a plan which evidences … By purchasing the assets Ilyatt did not want through the establishment of accounts receivable it was obvious from the beginning that Ilyatt would never be called on to pay the $193,541.48.

DCD Programs, Ltd. v. Leighton

90 F.3d 1442 · Court of Appeals for the Ninth Circuit · Jul 24, 1996

United States, 406 U.S. 128 , 92 S.Ct. 1456 , 31 L.Ed.2d 741 (1972) the Supreme Court “clearly interpreted § 28(a) as governing the measure of damages that are permissible under § 10(b).” Randall v. … B We also reject the plaintiffs’ argument that interest paid to the IRS may qualify as either out-of-pocket or consequential damages.

Lee R. MARCIA, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee

900 F.2d 172 · Court of Appeals for the Ninth Circuit · Apr 2, 1990

To qualify for disability benefits, a claimant must establish that he or she is unable to engage in “substantial gainful activity” because of a “medically determinable physical or mental impairment” which “has lasted or can … Marcia presented evidence in an effort to establish equivalence.

Johnston v. Horne

875 F.2d 1415 · Court of Appeals for the Ninth Circuit · May 25, 1989

An independent establishment includes the General Accounting Office and an establishment in the executive branch that is not a military department. 5 U.S.C. § 104 . … See, e.g., White, 840 F.2d at 87 ; Andrews, 838 F.2d at 425; (clearly requires conduct amounting to more than gross negligence); Moskiewicz v.

Farrakhan v. Washington

338 F.3d 1009 · Court of Appeals for the Ninth Circuit · Jul 25, 2003

Because a Section 2 analysis clearly requires that we consider factors external to the challenged voting mechanism itself, we hold that evidence of discrimination within the criminal justice system can be relevant to a Section … In light of this determination, we turn to the question of whether evidence of racial discrimination in the criminal justice system qualifies as such evidence. B.

Franklin J. Austin v. Sears, Roebuck and Co., a Corporation

504 F.2d 1033 · Court of Appeals for the Ninth Circuit · Oct 21, 1974

The Sears plan, adopted pursuant to its collective bargaining agreement, clearly and specifically separates the seniority and actual work components of *1035 its vacation policy. … absence during his period of training and service in the armed forces, shall be so restored without loss of seniority, shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established