Case law

United States v. Raymond P. Novak

441 F.3d 819 · Court of Appeals for the Ninth Circuit · Mar 23, 2006

James, 312 F.Supp.2d 802, 805 (E.D.Va.2004) (“Because defendant’s interest in an ERISA qualified plan does not fit within any of the exceptions listed in § 3613(a), it follows that ERISA is no bar to garnishment of a qualified … Accordingly, although Jackson is part of the background against which we review the intersection of the MVRA and ERISA, that case does not require us to ignore the clearly expressed Congressional choice to give the MVRA the

Elliott Ashton Welsh, II v. United States

404 F.2d 1078 · Court of Appeals for the Ninth Circuit · Jan 31, 1969

It is essentially an objective one, namely, does the claimed belief occupy the same place in the life of the objector as an orthodox belief in God holds in the life of one ■ clearly qualified for exemption ? … Under Seeger, 380 U.S., at 176 and 184, 85 S.Ct. 850 , it is held with the requisite strength if it occupies the same place in the life of the objector as an orthodox belief in God holds in the life of one clearly qualified

Rita Carrion Garcia v. Eric Holder, Jr.

749 F.3d 785 · Court of Appeals for the Ninth Circuit · Apr 16, 2014

To qualify for CAT relief, an applicant must establish that “he [or she] is more likely than not to suffer intentionally-inflicted cruel and inhuman treatment” if removed. Nuru v. … To say that there is “no evidence in the record” clearly implies that the BIA has looked at all of the evidence in the record. Dr.

National Labor Relations Board v. Ironworkers Local 433

850 F.2d 551 · Court of Appeals for the Ninth Circuit · Jun 27, 1988

the threat by clearly indicating that the picketing will conform with the lawful restrictions imposed on such picketing. … The enmeshing of premises and situs qualifies both rights.” Moore Dry Dock, 92 NLRB at 549 (footnote omitted). .

Imax Corporation v. Cinema Technologies, Inc. Neil Johnson

152 F.3d 1161 · Court of Appeals for the Ninth Circuit · Aug 19, 1998

Therefore, there remained the possibility of trade secrets qualified for protection under state law. … We found IBM’s identification of its trade secret sufficient because it clearly referred to trade secret material, i.e.,' engineering drawings and blueprints.

Timothy Hunt v. Kelly Clark

Court of Appeals for the Ninth Circuit · Sep 17, 2018

Where, as here, we have jurisdiction to review an interlocutory order 2 For the same reason, Sheriff Clark could raise a qualified immunity defense to any claim advanced solely upon such conduct. See White v. … Ct. 548, 551 (2017) (qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights that existing precedent places “beyond debate” (internal quotation marks

Andriasian v. Immigration & Naturalization Service

180 F.3d 1033 · Court of Appeals for the Ninth Circuit · Jun 11, 1999

Andriasian turned to him for help, clearly establishes that the government of Azerbaijan either could not or would not control *1043 Azeris who sought to threaten and harm ethnic Armenians living in their country. … Under asylum law, persecution on the ground of ethnic origin is treated as persecution on the ground of race, and therefore qualifies as a form of persecution that establishes eligibility for asylum.

D.O. v. Escondido Union School Dist.

59 F.4th 394 · Court of Appeals for the Ninth Circuit · Jan 31, 2023

The district court’s factual finding was not clearly erroneous. … D.O.’s October 2017 evaluation established that he did not qualify for special education for autism and D.O.’s special education placement remained unchanged.

Su Humble v. Boeing Company, a Delaware Corporation

305 F.3d 1004 · Court of Appeals for the Ninth Circuit · Sep 18, 2002

That provision states, “where an employee returns from a leave of absence ... and he is medically not able to perform the job which he last held, he will be considered for any job that he is qualified and able to perform, … In the present case, as in Jimeno, Humble has never argued that she might have been accommodated only by a transfer to another position, 29 and Washington law clearly provides for satisfaction of the reasonable accommodation

Community Bank v. Commissioner of Internal Revenue

819 F.2d 940 · Court of Appeals for the Ninth Circuit · Jun 16, 1987

Thus, the valuation language in these cases clearly refers to the final adjudication of rights as between the borrower and the lender. Such valuation is not conclusive for federal tax purposes. … We qualified that conclusion, however, by adding: “Certainly this is true in a case such as the one before us, where no evidence of fair market value appears in the record.” Id.

United States v. Gilbert Madrid Gerald Inouye Gordon Yabui Edwin Madamba

842 F.2d 1090 · Court of Appeals for the Ninth Circuit · Mar 22, 1988

That proposition, not established by Remmer I or Remmer II and firmly rejected by Rushen and Smith , is not established by our decision in Bag-ley. … In Bagley , “extrinsic material” was placed before the jury in the form of a note discussing witness immunity. As such, the material involved a fact in controversy, witness credibility.

Essic Fail v. Suzanne Hubbard, Warden

272 F.3d 1133 · Court of Appeals for the Ninth Circuit · Dec 3, 2001

That issue is whether the one-year statute of limitation established by the An-titerrorism and Effective Death Penalty Act (AEDPA), see 28 U.S.C. § 2244 (d)(1), may be equitably tolled during the period between the date of … Our circuit law requires petitioners to demonstrate “extraordinary circumstances” that are particular to the individual seeking relief, to qualify for equitable tolling.

Queerdoc, Pllc v. DOJ - United States Department of Justice

Court of Appeals for the Ninth Circuit · Aug 14, 2026

Dissenting, Judge Paez wrote that the district court’s finding that DOJ issued the subpoena to QueerDoc in bad faith was not clearly erroneous. … Nor are executive agency officials entitled to presidential immunity for official acts. Harlow v.

The People of the Territory of Guam v. Thomas Palomo

511 F.2d 255 · Court of Appeals for the Ninth Circuit · Feb 21, 1975

At the argument on the motion it appeared that defense counsel desired to see and use on voir dire juror questionnaires to establish that the jurors, under 28 U.S.C. § 1865 , were “unable to read, write, and understand the … The Oral Motion For Inspection Although 28 U.S.G. § 1867(a) does not control the time for such a motion, the motion here was clearly untimely under the procedures used in trial courts for the processing and trial of cases

United States v. Yarbrough

852 F.2d 1522 · Court of Appeals for the Ninth Circuit · Jul 6, 1988

Items seized clearly linked Barnhill to the Order. Among them were a “voice stress analyzer” and three tapes. … The court’s decision to admit them was not clearly erroneous. (b).

Jerry Khai v. County of Los Angeles

Court of Appeals for the Ninth Circuit · Mar 27, 2018

The district court correctly ruled that the social workers are entitled to qualified immunity for Khai’s due process claim. … Because the social workers are entitled to qualified immunity, the due process claim against them was properly dismissed. 5.

Lahoti v. VeriCheck, Inc.

586 F.3d 1190 · Court of Appeals for the Ninth Circuit · Nov 16, 2009

And these cases mean more in establishing the boundaries between the fact-finding trial courts and the appellate courts than they do in establishing for all cases that a particular mark is distinctive or descriptive. … The district court erred to the extent it required that the Disputed Mark describe all of Vericheck’s services to qualify as “descriptive.”

United States v. Larson

156 F. App'x 943 · Court of Appeals for the Ninth Circuit · Dec 6, 2005

Accordingly, it was not erroneous to rely solely on the PSR only to establish the statute of prior conviction. … Given a prior crime of violence, we need not reach the question whether Larson used the firearm solely for lawful sporting purposes because he could not otherwise qualify for a reduction under U.S.S.G. § 2K2.1(b)(2).

Darren Hill v. County of Benewah

Court of Appeals for the Ninth Circuit · Apr 15, 2021

Thus, because Defendants did not violate clearly established law, they are also entitled to qualified immunity. AFFIRMED. 3

Robert E. Gollaher and Gollaher Construction, Inc., a Corporation v. United States

419 F.2d 520 · Court of Appeals for the Ninth Circuit · Dec 8, 1969

The distinction between Dennis and the present case is clearly that Knapton and Morgan never testified at trial. … If he is in fact innocent, then he must have faith that this will ultimately be established and act accordingly.