Case law

United States v. Allan A. Mussari, United States of America v. Donald W. Schroeder

95 F.3d 787 · Court of Appeals for the Ninth Circuit · Sep 5, 1996

The court held that criminalization of the failure to pay child support does not qualify as the regulation of the use of the channels of interstate commerce, nor does it qualify as the regulation of the instrumentalities … The court commented: “The true focal point to establish interstate commerce is clearly the requirement that the parent and child live in different states, as the CSRA does.

Fernando Cordero-Garcia v. Merrick Garland

44 F.4th 1181 · Court of Appeals for the Ninth Circuit · Aug 15, 2022

The BIA concluded that it “clearly” was. Id. … We concluded that § 3146 “clearly includes the requisite actus reus . . .

Michael Allen v. Richard Ives

Court of Appeals for the Ninth Circuit · Feb 24, 2020

United States, 570 U.S. 254 (2013), retroactively established that under the categorical approach of Taylor v. … United States, 570 U.S. 254 (2013), retroactively established that under the categorical approach of Taylor v.

Intlekofer v. Turnage

973 F.2d 773 · Court of Appeals for the Ninth Circuit · Aug 24, 1992

Rather, the employer may be liable despite having taken remedial steps if the plaintiff can establish that the employer’s response was not “reasonably calculated” to halt the harassment. Wattman v. … To the extent that this is the proposed holding in this case, I cannot agree that this result was "clearly foreshadowed” by earlier case law.

United States v. Espinoza-Baza

647 F.3d 1182 · Court of Appeals for the Ninth Circuit · Aug 4, 2011

App’x 81, 84 (2d Cir. 2008) (concluding that the defendant “fail[ed] to establish . . . a prima facie deriva- tive citizenship claim”). … As an initial matter, grouping is clearly unavailable pursuant to subsections (a), (c), and (d).

Speed Corporation v. Louise K. Webster

262 F.2d 482 · Court of Appeals for the Ninth Circuit · Jan 7, 1959

. § 70 by adding the qualifying words “in exceptional cases”. The Trial Court here found that there was no willful infringement, but nevertheless awarded attorney fees. … established: that after appellant had for some time manufactured and sold tool handles under the license with the aid of certain tools, dies, jigs and other material necessary for such manufacture, and after that license

Peggy Lou Riker and Freda H. Grassmee v. Commissioner of Internal Revenue

244 F.2d 220 · Court of Appeals for the Ninth Circuit · Jun 17, 1957

Clearly, however, the corporation itself was not intended to operate and did not operate as a religious, educational or charitable institution. … It is said that ‘the second purpose is charitable; the first purpose clearly is not.

Keller v. Commissioner

568 F.3d 710 · Court of Appeals for the Ninth Circuit · Jun 3, 2009

rate established under this section. (2) Substantial underpayment attributable to tax motivated transactions. … In the partnership-level proceedings, the Tax Court adjusted the qualified investment property of DGE 85-5 from $4,701,120 to $480,000.

Hebner v. McGrath

543 F.3d 1133 · Court of Appeals for the Ninth Circuit · Sep 16, 2008

A habeas petition cannot be granted unless the state court decision was: (1) “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States … established federal law, or involved an unreasonable determination of the facts.

Vance v. Hegstrom

793 F.2d 1018 · Court of Appeals for the Ninth Circuit · Jul 2, 1986

There is no clearly expressed legislative intent to the contrary. 33 The Secretary attempts to avoid the plain language of subsection (17)(D) by arguing that Congress clearly expressed an intent that the subsection apply … Deeming income thus has the effect of reducing both the number of individuals eligible for Medicaid and the amount of assistance paid to those who qualify.

John Thomas v. Municipal Court of the Antelope Valley Judicial District of California

878 F.2d 285 · Court of Appeals for the Ninth Circuit · Jun 23, 1989

The present case is clearly one of successive representation. … Thomas regarding her alleged bigamy in order to establish this defense. Should Mrs.

Ibrahim v. Department of Homeland Security

538 F.3d 1250 · Court of Appeals for the Ninth Circuit · Aug 18, 2008

See 49 U.S.C. § 114 (h)(3) (the Transportation Security Administration must "establish policies and procedures" that "require[ ] air carriers" to prevent dangerous people from boarding). … Even if the statutory framework did not clearly establish that Ibrahim's claims against the Terrorist Screening Center constitute challenges to an order of the Transportation Security Administration and are therefore subject

United States v. Kriesel

508 F.3d 941 · Court of Appeals for the Ninth Circuit · Nov 29, 2007

In light of his steady employment and established ties to the community, however, the court nonetheless allowed Kriesel to remain on supervised release. … The majority disingenuously refuses to confront the fact that the 2004 DNA Act clearly permits the retention of Kriesel's DNA once his term of supervised release is over.

Chamber of Commerce of the United States v. Lockyer

364 F.3d 1154 · Court of Appeals for the Ninth Circuit · Apr 20, 2004

Under these principles, the California statute is clearly preempted, even though it restricts only the use of California’s own funds. *1168 The statute has both the explicit purpose and the substantive effect of interfering … City-of Seward concluded that "action taken by the state as a market participant is not automatically immune from NLRA preemption.'' 966 F.2d at 495.

California Pro-Life Council, Inc. v. Randolph

507 F.3d 1172 · Court of Appeals for the Ninth Circuit · Nov 14, 2007

CPLC contends that its amended verified complaint qualifies as an affidavit for summary judgment purposes. 1 We disagree. … CPLC Has Failed To Establish Overbreadth.

UNITED STATES of America, Plaintiff-Appellee, v. Floyd Lentellis GARRETT, Defendant-Appellant

149 F.3d 1018 · Court of Appeals for the Ninth Circuit · Jul 16, 1998

Specific facts that establish that the conflicts were not genuine or were created for ulterior purposes must be provided. … However, when a defendant requests a continuance for the purpose of retaining new counsel and the trial has not yet commenced, the law is clearly established that the defendant is not required to make a showing of prejudice

Jose Escobar Santos v. Merrick Garland

4 F.4th 762 · Court of Appeals for the Ninth Circuit · Jul 9, 2021

Applying the categorical approach to § 475(c), we first determined that contemporary treatises, our sister circuits, and Supreme Court precedent plainly establish that “an essential element of the generic offense of forgery … quotation marks and citation omitted) (brackets in original). 1 For instance, in Taylor, the Supreme Court noted that state convictions for first degree or aggravated burglary are examples of crimes that are clearly

United States v. Richard Samuel Huffhines

967 F.2d 314 · Court of Appeals for the Ninth Circuit · Jun 15, 1992

Huffhines argues the evidence was insufficient to establish his possession of the gun. At best, he says the evidence established only that he had been present in the room where the gun was found. … The possession of a silencer qualifies as a “violent felony” under Potter .

In Re: Paul Alan Leibowitz, Debtor. Paul Alan Leibowitz v. County of Orange Tony Rackauckas, 1 District Attorney of County of Orange

217 F.3d 799 · Court of Appeals for the Ninth Circuit · Jul 6, 2000

Under this definition, Leibowitz’s debt to the County qualifies as one “in the nature of support.” … 1141 (holding that a debt for professional fees and expenses arising from child custody proceedings is “in the nature of support”); In re Dvorak, 986 F.2d 940, 941 (5th Cir.1993) (holding that guardian ad litem fees were “clearly

76 Fair empl.prac.cas. (Bna) 561, 72 Empl. Prac. Dec. P 45,203, 98 Cal. Daily Op. Serv. 1916, 98 Daily Journal D.A.R. 2699 Mary Tiano, a Married Woman, Plaintiff-Appellee-Cross v. Dillard Department Stores, Inc., a Delaware Corporation, Defendant-Appellant-Cross

139 F.3d 679 · Court of Appeals for the Ninth Circuit · Mar 18, 1998

CONCLUSION 22 The district court's finding that Tiano's bona fide religious belief included a temporal mandate was clearly erroneous. Tiano failed to establish a prima facie case of religious discrimination. … We should not disturb its credibility finding. 26 We have long held that questions of credibility "are generally immune from appellate review." United States v.