Case law

United States v. Lambert

Court of Appeals for the Ninth Circuit · Aug 15, 2007

[And] that clearly fits within the parameters of Guideline 2B1.1(b)(8) . . . .” … It would seemingly qualify as both an “educational organization” and a “government agency” (by virtue of the Tribes’ sovereignty).

Assigned Container Ship Claims, Inc. v. American President Lines, Ltd.

784 F.2d 1420 · Court of Appeals for the Ninth Circuit · Mar 18, 1986

Lines’s petitions to MARAD are clearly within the purview of the Noerr-Pennington doctrine. … Under these circumstances, absent a showing that the petition was a “sham,” petitioning MARAD was immune from antitrust liability.

S. Thomas v. County of Los Angeles

Court of Appeals for the Ninth Circuit · Jul 19, 2017

But it also granted Sheriff Baca qualified immunity. Then, following the Supreme Court’s decision in Wal-Mart Stores, Inc. v. … Nor did the district court err by granting qualified immunity to Sherriff Baca.

Richmond Welfare Rights Organization v. Woodrow W. Snodgrass

525 F.2d 197 · Court of Appeals for the Ninth Circuit · Nov 14, 1975

Some of the qualified students attending the non-incorporated schools had siblings attending an incorporated school. … As we have indicated such an injunction could not stand, on this record, against the clearly voluntary nature of the statute.

In Re The Glacier Bay

944 F.2d 577 · Court of Appeals for the Ninth Circuit · Sep 13, 1991

. § 1653 (c). 7 TAPAA establishes a comprehensive liability scheme applicable to damages resulting from the transportation of trans-Alaska pipeline oil. … Under this theory, assuming that Trinidad qualifies for Limitation Act coverage, its liability in the instant case would be $14,000,000 plus the post-accident value of the Glacier Bay and any pending freight. 13 Trinidad's

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

Price Road Neighborhood Association, Inc. v. United States Department Of Transportation

113 F.3d 1505 · Court of Appeals for the Ninth Circuit · May 27, 1997

On June 14, 1996, the FHWA approved the CAR and the Environmental Reevaluation, making the following findings: 8 The Environmental Reevaluation clearly demonstrates that there are no discernible differences in the level of … established").

Estate of Bruce Barton v. Adt Security Services Pension

820 F.3d 1060 · Court of Appeals for the Ninth Circuit · Apr 21, 2016

For example, where an employee must establish an illness to qualify for disability benefits, the burden lies most sensibly with the claimant, who can provide test results, physician reports, and other evidence about her condition … This factual finding is not clearly erroneous.

Margaret Ressler, Plaintiffs/appellees/cross-Appellants v. Samuel R. Pierce, Jr., Defendants/appellants/cross-Appellees

692 F.2d 1212 · Court of Appeals for the Ninth Circuit · Nov 2, 1982

Roth, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972), in which the Court stated: To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. … The short answer to these objections is that the National Housing Act grants project owners a certain amount of discretion in selecting among qualified applicants.

Navarro-Lopez v. Gonzales

Court of Appeals for the Ninth Circuit · Sep 19, 2007

On the other hand, some actions involving fraud may not qualify as base, vile, and depraved. … Such has been the clearly estab- lished rule with respect to fraud since at least 1951. Jordan v. De George, 341 U.S. 223, 227-32 (1951).

Escobar v. Holder

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

Thus, the government’s emphasis on section 240A(a)(1)’s requirement of being “law- fully admitted” is clearly misplaced. 24 I. & N. Dec. at 234. … As discussed, section 240A(a) was only intended to clarify “the type of status neces- sary to qualify for relief.” Id. (emphasis added).

Associated General Contractors Of California, Inc. v. Coalition For Economic Equity

950 F.2d 1401 · Court of Appeals for the Ninth Circuit · Dec 6, 1991

These accounts include numerous reports of MBEs being denied contracts despite being the low bidder, MBEs being told they were not qualified although they were later found qualified when evaluated by outside parties, MBEs … Section 1983 provides a cause of action for the deprivation under color of state law of any rights, privileges, or immunities secured by the Constitution and federal laws.

National Labor Relations Board v. International Brotherhood Of Electrical Workers, Local 11, Afl-Cio

772 F.2d 571 · Court of Appeals for the Ninth Circuit · Sep 24, 1985

He found that the three-year residency and 4000 hours-worked requirements were established by the Appeals Committee to assist them in determining an applicant's permanent home. … Accordingly, the NLRB concluded that each intervenor qualified for Group I status.

Jack Leeson v. Transamerica Disability Income

671 F.3d 969 · Court of Appeals for the Ninth Circuit · Jan 23, 2012

To conclude otherwise would contravene clearly established precedent. … By asserting a colorable claim that he is a plan participant, Leeson has satisfied the threshold for establishing federal court subject matter jurisdiction.

Preston v. Heckler

734 F.2d 1359 · Court of Appeals for the Ninth Circuit · Jun 7, 1984

She has also satisfied the remainder of that test: the interests of the plaintiff, an Indian who applied for a position covered by the Indian Preference Act, are clearly within the zone of interests protected by the Act; … Service; qualified Indians are then given preference in appointment to job vacancies.

Foster v. Skinner

70 F.3d 1084 · Court of Appeals for the Ninth Circuit · Nov 20, 1995

Smith’s unrelenting quest to establish that the Federal Aviation Administration (FAA) lacks authority to revoke pilot certificates in response to safety violations. Due to Mr. … “An abuse of discretion occurs if the district court does not apply the correct law or rests its decision on a clearly erroneous finding of fact.” Allen v. Shalala, 48 F.3d 456, 457 (9th Cir.1995).

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.

CALIFORNIA STATE FOSTER PARENT ASS'N v. Wagner

620 F.3d 1115 · Court of Appeals for the Ninth Circuit · Oct 27, 2010

Thus, § 672, read as a whole, establishes that partic-  CALIFORNIA STATE FOSTER PARENT v. … We therefore con- clude that § 672(a)’s language is clearly mandatory, satisfying the third and final Blessing factor.

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.

Zaka Ullah v. Immigration and Naturalization Service

73 F.3d 370 · Court of Appeals for the Ninth Circuit · Dec 29, 1995

The BIA consequently deferred to the IJ's adverse findings and determined that, because Ullah's testimony was not credible, he had failed to establish a well-founded fear of persecution. … Thus, in determining that Ullah did not qualify for asylum or withholding of deportation, the BIA set out only general legal standards which failed to provide any evidence of an individualized review of Ullah's contentions