Case law

United States v. Michael Santo Polizzi, United States of America v. Jack S. Shapiro, United States of America v. Peter James Bellanca, United States of America v. Anthony Giardano, United States of America v. Arthur J. Rooks, United States of America v. Anthony Joseph Zerilli, United States of America v. Emprise Corporation, a New York Corporation

500 F.2d 856 · Court of Appeals for the Ninth Circuit · Jul 18, 1974

United States 402 F.2d 830, 833 (9th Cir. 1968), and is clearly not the law of this circuit. … You may be able to establish it by some other witness, or if your brother takes the stand and testifies you can establish his whereabouts by his testimony 'Mr.

In Re: Max R. Moses Marlene E. Moses, Debtors. Howard Ehrenberg, Chapter 7 Trustee v. Southern California Permanente Medical Group, in Re: Max R. Moses Marlene E. Moses, Debtors. Southern California Permanente Medical Group v. Howard Ehrenberg, Chapter 7 Trustee

167 F.3d 470 · Court of Appeals for the Ninth Circuit · Jan 26, 1999

The profit-sharing plan was established as a spendthrift trust and its benefits are payable only upon a participant's termination of employment, retirement, disability or death. … See Patterson, 504 U.S. at 760 , 112 S.Ct. at 2248 , 119 L.Ed.2d 519 . 36 The Supreme Court disagreed and held that the phrase "applicable nonbankruptcy law" clearly included federal and state law.

Reno-West Coast Distribution Co. v. Mead Corp.

613 F.2d 722 · Court of Appeals for the Ninth Circuit · Feb 21, 1979

The charge proffered by appellant, however, did *725 not clearly and unambiguously state the law dealing with a General Motors-type horizontal conspiracy. See United States v. … Stillwagon was not so qualified.

Betty Shively, Harold Shively v. United States

5 F.3d 540 · Court of Appeals for the Ninth Circuit · Aug 18, 1993

Sec. 2680 (a). 7 The government has the burden of proving the discretionary function exception to the FTCA's general waiver of immunity. See Prescott v. United States, 973 F.2d 696, 702 (9th Cir.1992). … Highway 44 of possible cattle crossing, but rather to delegate this responsibility to the State of California, is also protected by the discretionary function exception. 14 No mandatory federal statute, regulation, or policy clearly

Aracely Marinelarena v. William Barr

930 F.3d 1039 · Court of Appeals for the Ninth Circuit · Jul 18, 2019

This mode of analysis is clearly irreconcilable with Young. … For instance, Congress provided in 8 U.S.C. § 1229a(c)(2) that “the alien has the burden of establishing” either (a) entitlement to admission “clearly and beyond doubt” and the absence of a reason for inadmissibility or (

61 Fair empl.prac.cas. (Bna) 961, 61 Empl. Prac. Dec. P 42,199 Peter Odima, Plaintiff-Appellee-Cross-Appellant v. Westin Tucson Hotel Company, a Delaware Corporation, Defendant-Appellant-Cross-Appellee

991 F.2d 595 · Court of Appeals for the Ninth Circuit · Apr 19, 1993

Odima could not establish prima facie cases for the Staff Planner and the Promotions Coordinator positions since he was not qualified for them. … The district court found one of those reasons--speech problems--to be false, and we agree that the court did not clearly err in so doing.

Govett American Endeavor Fun Ltd. v. Trueger

112 F.3d 1017 · Court of Appeals for the Ninth Circuit · May 1, 1997

If contracts made in Jersey could grant immunity from the criminal laws of the United States, Jersey would indeed be The Mouse That Roared. But we do not premise our decision on the size of this island. … The principles are well established and set out, for example, in The Republic of Philippines v. Marcos, 862 F.2d 1355 (9th Cir.1988).

Redding Rancheria v. Kenneth Salazar

776 F.3d 706 · Court of Appeals for the Ninth Circuit · Jan 20, 2015

Undep the Secretary’s interpretation, lands qualify as “restored” and can thus be used for gaming purposes only if the tribe establishes a sufficient relationship to the land in what the regulations term “modern,” “historical … The Tribe points out that no such “numerical limitation” is clearly expressed within the language of the statute. See 25 U.S.C. § 2719 (b)(l)(B)(iii).

Dark v. Curry County

Court of Appeals for the Ninth Circuit · Jul 5, 2006

Fol- lowing an investigation, the EEOC determined that the evi- dence “does not establish a violation of the Americans with Disabilities Act [(“ADA”)].” See 42 U.S.C. § 12101 et seq. … Clearly that exception is inapplicable here. In Newland v.

California Shock Trauma Air Rescue v. State Compensation Insurance Fund

636 F.3d 538 · Court of Appeals for the Ninth Circuit · Mar 31, 2011

Both actions turn on the same jurisdictional question: is the expectation of a federal defense, without more, sufficient to establish federal jurisdiction over a state-law claim? … The line is clearly drawn. As the Supreme Court cautioned, To define broadly and in the abstract “a case arising under the Constitution or laws of the United States” has hazards of a kindred order....

United States v. Arenas

340 F. App'x 384 · Court of Appeals for the Ninth Circuit · Jul 30, 2009

Whether a defendant qualifies as a minor participant-is a factual determination subject to the clearly erroneous standard of review. United States v. Cantrell, 433 F.3d 1269, 1282 (9th Cir.2006). … In the absence of any persuasive argument that the district court clearly erred in concluding that Arenas’ involvement in the offense was not minor, she has not carried her burden of establishing entitlement to a minor participant

Cal. Trucking Ass'n v. Julie Su

903 F.3d 953 · Court of Appeals for the Ninth Circuit · Sep 10, 2018

The Commissioner is responsible for enforcing the California Labor Code, which affords certain benefits and protections to workers who qualify as employees. … As Dilts observed, a law reflecting a State’s traditional police power will not be immune from preemption “if Congress in fact  CAL. TRUCKING ASS’N V.

Underwood v. Pierce

761 F.2d 1342 · Court of Appeals for the Ninth Circuit · May 23, 1985

in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee.... 29 The district court concluded that a fee in excess of $75 per … We must consider carefully the scope of the government's waiver of its sovereign immunity. We cannot order an award that has not been "specifically and unequivocally authorized by Congress." Van Hoomissen v.

Rabkin v. Oregon Health Sciences University

350 F.3d 967 · Court of Appeals for the Ninth Circuit · Nov 24, 2003

, the OTCA effectively serves as a partial waiver of sovereign immunity. … (emphasis added). 51 In effect, the OTCA serves as a limited waiver of sovereign immunity, and accordingly it limits the government's tort liability, not merely as a cap on damages.

Rodriguez v. Los Angeles County Sheriff's Department

686 F. App'x 500 · Court of Appeals for the Ninth Circuit · Apr 11, 2017

In addition, the district court properly granted summary judgment to defendants Larry Waldie and James Corbin based on qualified immunity because Rodriguez failed to show that it was “clearly established” that the circumstances … Ct. 548, 552 (2017) (per curiam) (reiterating that for qualified immunity the “clearly established law must be ‘particularized’ to the facts of the case” (citation omitted)); Clairmont

Southern Pac. Co. v. Van Hoosear

72 F.2d 903 · Court of Appeals for the Ninth Circuit · Sep 13, 1934

Ed. 276 (1903), an earlier decision, that there was an irrevocable contract granting the bank immunity from taxes, was held controlling. In Tait v. Western Md. R. Co., 289 U. S. 620 , 53 S. Ct. 706 , 77 L. … Even more clearly is this true of the present ease than of the Lee Case. There the goods shipped from the dock were usually sold before arrival.

United States v. Basaaly Moalin

Court of Appeals for the Ninth Circuit · Sep 2, 2020

Given these concerns, due process requires a court to grant use immunity to a defense witness only when the defense establishes that the testimony would be relevant and that: (a) the prosecution intentionally caused … Defendants’ request for immunity for Shidane from arrest abroad was somewhat distinct from a request for use 20 Whether a district court erred by refusing to grant use immunity is a mixed question of law and fact

United States v. Pedro Martinez-Martinez

468 F.3d 604 · Court of Appeals for the Ninth Circuit · Nov 14, 2006

In answering this question, whether the log cabin qualified as a residential structure was critical, as only breaking and entering into a residential structure qualifies as second-degree burglary. … Although the pre-sentence report’s recitation of the facts underlying Martinez-Martinez’s 2001 conviction clearly provides the nexus between the discharge of the firearm and the occupancy of the residence, the report is an

Mosa v. Rogers

89 F.3d 601 · Court of Appeals for the Ninth Circuit · Jul 12, 1996

The Attorney General has discretion to grant an alien asylum if he qualifies as a “refugee” under 8 U.S.C. § 1101 (a)(42)(A). 8 U.S.C. § 1158 (a). … The IJ’s suppositions about whether spies really did turn him in would therefore not establish Mosa to be a liar.

United States v. One 1977 Mercedes Benz, 450 SEL, VIN 11603302064538

708 F.2d 444 · Court of Appeals for the Ninth Circuit · Jun 13, 1983

The Grant of Summary Judgment The Government establishes a prima facie case for forfeiture by probable cause. … Once probable cause is established, the burden of proof shifts to the claimant to establish that the vehicle is not subject to forfeiture. 19 U.S.C. § 1615 (1976 & Supp.