Case law

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).

California ex rel. Imperial County Air Pollution Control District v. U.S. Department of the Interior

767 F.3d 781 · Court of Appeals for the Ninth Circuit · May 19, 2014

The APA also waives the Secretary’s sovereign immunity. … The Final Implementation Agreement EIS clearly distinguished between the Transfer EIR and the Transfer EIS, explaining that “[i]n order to comply with CEQ regulations ...

Leo Sheppard v. Arthur N. Lee Joe Shirley, Jr. Ambrose Shepherd

929 F.2d 496 · Court of Appeals for the Ninth Circuit · Mar 28, 1991

Thus, whether we characterize our holding as jurisdictional or merit-based, the basis for our affirmance is clearly a proper one. 5 . … When a state acts itself, it is exempt from the antitrust laws pursuant to a doctrine of state-action immunity. Lancaster Community Hosp. v. Antelope Valley Hosp. Hist., 923 F.2d 1378 (9th Cir.1991) (citing Parker v.

United States v. Terazze Taylor

749 F.3d 842 · Court of Appeals for the Ninth Circuit · Apr 18, 2014

The application notes to section 3C1.1 confirm that Taylor’s conduct qualifies as obstruction, because he “provid[ed] materially false information to a . . . magistrate judge.” U.S.S.G. § 3C1.1 cmt. n.4(F). … Therefore, when a defendant objects to a sentence enhancement for obstruction of justice on this basis, “a district court must review the evidence and make independent findings necessary to establish a willful impediment

Newton v. Diamond

349 F.3d 591 · Court of Appeals for the Ninth Circuit · Nov 4, 2003

The majority has laid out correctly the legal principles that apply in this ease, and I agree with the majority’s assumption that the sampled portion of “Choir” qualifies as “original” and therefore is copyrightable. … Hence, in my opinion, the digital sample of the performance ... is clearly a realization of the musical score filed with the copyright office.

Vernon Howard, Cross-Appellant v. City of Burlingame, Cross-Appellee

937 F.2d 1376 · Court of Appeals for the Ninth Circuit · Jun 19, 1991

Unlike the successful plaintiffs in Wright, Howard can point to no regulation which spells out benefits “sufficiently specific and definite to qualify as enforceable rights under ... § 1983.” … Burlingame’s ordinance is clearly distinguishable from those which establish absolute limitations on antenna height and are thus facially inconsistent with PRB-1. See, e.g., Evans v.

Smolniakova v. Gonzales

Court of Appeals for the Ninth Circuit · Sep 7, 2005

The BIA is instructed to grant Smolniakova a new hearing in which she has a full and fair opportunity to establish her credibility in the qualifying mar- riage context. … Under INA § 216(b)(2), “the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence” that the qualifying marriage was improper. 8 U.S.C. § 1186a(b)(2).

Calvin Jackson v. Robert Legrand

688 F.3d 1091 · Court of Appeals for the Ninth Circuit · Aug 6, 2012

The state court’s decision to the contrary was an unreasonable application of clearly established Supreme Court law. II. … The Nevada Supreme Court decision holding otherwise was an unreasonable application of clearly established United States Supreme Court precedent.

Sinaloa Lake Owners Ass'n v. City of Simi Valley

864 F.2d 1475 · Court of Appeals for the Ninth Circuit · Jan 6, 1989

To establish a violation of substantive due process, the plaintiffs must prove that the government’s action was “clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or … The question of immunity, in turn, hinged on the warden’s knowledge that the searches violated the Constitution. Digital rectal searches are clearly justified under certain circumstances. See, e.g., United States v.

United States v. Donald Wayne Rich A/k/a, Lyle Lunceford

580 F.2d 929 · Court of Appeals for the Ninth Circuit · Aug 25, 1978

Clearly, any disturbance caused by Robert Lunceford did not appreciably affect the jury’s perception of appellant. … Olson’s statement clearly was not hearsay, as he spoke from his personal knowledge.

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.

Duy Mai v. United States

952 F.3d 1106 · Court of Appeals for the Ninth Circuit · Mar 11, 2020

UNITED STATES 21 suicide clearly justifies the congressional judgment that those released from involuntary commitment pose an increased risk of suicide. … Like many constitutional provisions, the Second Amendment establishes a floor below which Congress may not legislate.

Roe v. Anderson

134 F.3d 1400 · Court of Appeals for the Ninth Circuit · Jan 28, 1998

Section 11450.03 of the California Welfare and Institutions Code, enacted in 1992, provides that “families that have resided in this state for less than 12 months” and who qualify for welfare shall receive benefits no greater … Bernalillo County Assessor, 472 U.S. 612, 623 , 105 S.Ct. 2862, 2868 , 86 L.Ed.2d 487 (1985) ("The State may not favor established residents over new residents."); Zobel v.

Engilis v. Monsanto Company

Court of Appeals for the Ninth Circuit · Aug 12, 2025

To establish causation, expert witness Dr. Andrew Schneider conducted a differential etiology, which is an established scientific technique for establishing the cause of a medical condition. … The amendment “clearly envision[ed] a more rigorous and structured approach” to Rule 702 than some courts were then employing. May 1, 1999 Report at 7.

United States v. Jeremy Eugene Staffeldt Orlando Leon Pastrano Lincoln Clarence Metzgar John Anthony Gonzales

451 F.3d 578 · Court of Appeals for the Ninth Circuit · Jun 26, 2006

The Court held that this error did not render the order facially insufficient, as the application clearly identified an official, Assistant Attorney General Wilson, who, under the statute, could qualify as an authorizing … Under the standard established by Giordano, Chavez, and Swann , there can be no question that the application here was facially insufficient.

William L. Gray v. Joseph Klauser, Warden

282 F.3d 633 · Court of Appeals for the Ninth Circuit · Feb 27, 2002

established Federal law, as determined by the Supreme Court of the United States.” … Two principles of constitutional law, both clearly established by Supreme Court precedent, figure prominently in determining whether there was constitutional error in this case.

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.

Pat Birmingham v. Michael Schacher, Ben Hicks, Glenn Faber

70 F.3d 119 · Court of Appeals for the Ninth Circuit · Nov 7, 1995

Officials are immune from liability under Section 1983 when the constitutional right they violate is not clearly established such that a reasonable officer would understand that his actions were prohibited by law. … A reasonable officer would likely have concluded that Birmingham's conversation was unprotected and thus the defendants are protected by qualified immunity.