Case law

Stephen Bolaris and Valerie H. Bolaris v. Commissioner of Internal Revenue

776 F.2d 1428 · Court of Appeals for the Ninth Circuit · Nov 22, 1985

The existence of a profit motive is a factual question subject to clearly erroneous review. Jackson v. … It has been well-established law for over 40 years that deductions are not allowable under sections 167 and 212 for expenses incurred with respect to a taxpayer's residence, whether principal or not. Brady v.

Doe v. Tenet

329 F.3d 1135 · Court of Appeals for the Ninth Circuit · May 29, 2003

The government argues that this statute clearly creates no entitlement of the sort claimed by the Does. … The Does, however, claim that payment of their subsistence is clearly authorized by statute and regulation and thus would violate no principle of Richmond or the Appropriations Clause.

Juanita Mercurio Calibuso v. Immigration and Naturalization Service

15 F.3d 1083 · Court of Appeals for the Ninth Circuit · Jan 19, 1994

Calibuso was statutorily ineligible for adjustment of status because she did not establish that she was the beneficiary of an approved visa petition. … Calibuso qualifies under Sec. 1254(a) rests with the BIA, and cannot be raised here because it was not raised before the Board. 6 However, in unusual cases, we have stayed our mandate "to allow a litigant to apply for further

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.

I-T-E Circuit Breaker Company v. Holzman

354 F.2d 102 · Court of Appeals for the Ninth Circuit · Dec 23, 1965

In light of the evidence and the established rules of interpretation surrounding section 60, sub. b, the finding of the district court on this issue is not clearly erroneous. 16 II — WAS THERE ERROR IN AMOUNT OF SET-OFF ALLOWED … The district court found that only $270.70 qualified for setoff.

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. 105 (b).

United States v. Usdc-Cas

518 F.3d 1022 · Court of Appeals for the Ninth Circuit · Mar 3, 2008

United States, 873 F.2d 1210, 1213 (9th Cir. 1989), though logic alone, even without 2008 IN RE COPLEY PRESS, INC. experience, may be enough to establish the right. See Seattle Times Co. v. U.S. … The court didn’t clearly err in so find- ing and, in light of that finding, its decision to unseal these portions of the documents was not an abuse of discretion.

David A. Erickson v. Donna E. Shalala, Secretary of Health & Human Services

15 F.3d 1084 · Court of Appeals for the Ninth Circuit · Dec 22, 1993

The court finds that it need only address the first of these asserted errors to decide the case. 4 To qualify for benefits under 42 U.S.C. … Accordingly, as long as a claimant's alleged pain is associated with a clinically demonstrated impairment--as Erickson's alleged pain clearly is--the claimant is entitled to have his testimony considered in the disability

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

Ana Wayman-Trujillo v. County of Yavapai

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

based on Davis’s qualified immunity defense. We have jurisdiction under 28 U.S.C. § 1291. We reverse the partial denial, holding that Davis is entitled to qualified immunity. … Davis is entitled to qualified immunity if (1) the facts alleged show that his conduct did not violate a constitutional right, or (2) the right allegedly violated was not clearly established at the time. Saucier v.

North American Transportation & Trading Co. v. Samuels

146 F. 48 · Court of Appeals for the Ninth Circuit · Jun 20, 1906

The general rule is well defined, with exceptions and modifications, and broadly and clearly delineated in all the text-books and illustrated by numerous decisions. In Chandler v. … The rule, however, is subject to numerous qualifications, as well established as the general principle itself, among which are that such testimony is admissible to show the circumstances under which the instrument was executed

Ward v. City of San Jose

967 F.2d 280 · Court of Appeals for the Ninth Circuit · Nov 4, 1991

This seizure exclusively implicates the fourth amendment, as Graham and Reed clearly hold. … immunity against that theory and the parties' various challenges to the district court’s evi-dentiary rulings.

The Estate of Cecil Elkins. Jr. v. Hipolito Pelayo

Court of Appeals for the Ninth Circuit · Dec 29, 2023

immunity determination. … “[W]hen there are disputed factual issues that are necessary to a qualified immunity decision, [they] must first be determined by the jury before the court can rule on qualified immunity.” Morales v.

Deon Dirks v. Robert Martinez

414 F. App'x 961 · Court of Appeals for the Ninth Circuit · Feb 17, 2011

As to Dirks’ false arrest claim, the deputies are entitled to qualified immunity on both grounds raised on appeal. … These facts establish probable cause to arrest Dirks under § 148, or at least establish that a reasonable officer could have believed probable cause existed.

United States v. Roger v. Chastain

84 F.3d 321 · Court of Appeals for the Ninth Circuit · May 17, 1996

Evidence at trial established that although he filed accurate tax returns for years 1984-1989, he failed to pay taxes total-ling over $100,000. … Section 3553(a)(7) applies to the sentencing determination once the sentencing range has been established.

United States v. Sumitomo Marine & Fire Insurance

617 F.2d 1365 · Court of Appeals for the Ninth Circuit · Apr 16, 1980

This order clearly required the government to produce the requested evidence of its damages. … Although it is unfortunate that the taxpayers must bear the burden of the government’s failure to make adequate and timely discovery, Rule 55(e) does not immunize the government against any of the sanctions — except default

United States v. Rodriguez

7 F. App'x 573 · Court of Appeals for the Ninth Circuit · Mar 15, 2001

Davis, 36 F.3d 1424, 1436 (9th Cir.1994), cert. denied, 513 U.S. 1171 , 115 S.Ct. 1147 , 130 L.Ed.2d 1106 (1995) (reviewing a district court’s finding that a *575 defendant does not qualify for a minor or minimal participant … Dunnigan holds that “if a defendant objects to a sentence enhancement resulting from her trial testimony, a district court must review the evidence and make independent findings necessary to establish a willful impediment

Jones v. Etrade Mortgage

Court of Appeals for the Ninth Circuit · Feb 10, 2005

It identi- fied the Joneses and their property and established a loan amount of $201,000 at an interest rate of 7.25 percent. … APPLICANT DOES NOT QUALIFY FOR REFUND OF LOCK DEPOSIT FOR ANY REASON.

Re Naturalization of Antolin Punsalan Pangilinan, Petitioners v. Immigration and Naturalization Service, Re Naturalization of Mario Valderrama Litonjua v. Immigration and Naturalization Service

796 F.2d 1091 · Court of Appeals for the Ninth Circuit · Aug 11, 1986

Clearly the right to citizenship is even more precious than the right to a passport. … Pasion merely claimed that he qualified for naturalization under the terms of the 1940 Act, a claim that after September 26, 1961, was clearly foreclosed by section 310(e). 524 F.2d at 252 8 The INS does not make the corollary

Tracey Bogle v. Craig Roberts

Court of Appeals for the Ninth Circuit · Dec 10, 2018

The district court properly granted summary judgment on the basis of qualified immunity on Bogle’s excessive force claim arising from McGlothin’s use of a canine because there are no cases “where an officer acting under … Ct. 548, 552 (2017) (clearly established law must be “particularized” to the facts of the case).