Case law

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.

Ming Dai v. Jefferson Sessions

884 F.3d 858 · Court of Appeals for the Ninth Circuit · Mar 8, 2018

Two of those requirements have been satisfied: we must treat Dai’s testimony as credible and his testimony clearly set out sufficient facts to establish past persecution. … If the interviewee qualifies for the benefit, it is in the Service’s interest to accommodate that goal. * * * B.

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.

United States v. Kelly M. Clough

360 F.3d 967 · Court of Appeals for the Ninth Circuit · Feb 25, 2004

Neither the state plea agreement nor the statement of defendant on plea of guilty made any mention of federal charges or immunity from federal charges. … They may have thought there was some understanding, but they had clearly different concepts of what the understanding was. That is not enough to establish an enforceable agreement.

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.

Leonard Harbeson, Jean Harbeson v. Parke Davis, Inc., and the United States of America

746 F.2d 517 · Court of Appeals for the Ninth Circuit · Oct 30, 1984

“Some” expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert “is capable of judging what risks exist and the likelihood of occurrence.” Id. … The district court properly applied the law and its findings of fact are not clearly erroneous. AFFIRMED. 1 .

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.

98 Cal. Daily Op. Serv. 7635, 98 Daily Journal D.A.R. 10,581 Leslie R. Weatherhead v. United States of America Department of Justice United States Department of State

157 F.3d 735 · Court of Appeals for the Ninth Circuit · Oct 6, 1998

not meet its burden of establishing the justification for such a category in this case. … This, in turn, calls into question the appropriate scope and nature of such exceptions and whether categories subject to exceptions can ever qualify for blanket exemptions. 34 Because the government has failed to establish

McRae v. Tena

113 F.3d 1241 · Court of Appeals for the Ninth Circuit · Apr 30, 1997

The district court granted appellees' motion for summary judgment on the ground of qualified immunity. Appellants appeal. … ANALYSIS 11 Whether Appellees are entitled to qualified immunity involves a two-fold inquiry: "1) Was the law governing the officer's conduct clearly established?

Burlington Northern Railroad Company v. Crow Tribal Council

940 F.2d 1239 · Court of Appeals for the Ninth Circuit · Jul 26, 1991

TANG, Circuit Judge: The Crow Tribe enacted an ordinance establishing a commission to regulate railroads crossing the Crow Reservation. … BN is clearly subject to the terms of the ordinance; indeed, it appears that BN may be the only entity subject to the ordinance. Thus, BN is clearly “a proper party to maintain the action.” Flast v.

Prellwitz v. Sisto

657 F.3d 1035 · Court of Appeals for the Ninth Circuit · Sep 22, 2011

Thus, conditional orders may qualify as final decisions, but only if they order the petitioner’s release. See Browder v. … SISTO 2008) (“Unfortunately, not all orders state clearly whether release has been granted or denied.”).

John C. Beck and Kathleen Beck v. Commissioner of Internal Revenue

678 F.2d 818 · Court of Appeals for the Ninth Circuit · Jun 2, 1982

Taxpayers sought to establish a profit motive for entering the transaction by proof of the amount of money realized due to the subsequent sale of the properties by *820 the partnerships. … The tax court’s findings as to fair market value were not clearly erroneous. 2.

Jose M. Sarvia-Quintanilla v. United States Immigration and Naturalization Service

767 F.2d 1387 · Court of Appeals for the Ninth Circuit · Aug 19, 1985

He is, by virtue of his acquired skill, uniquely qualified to decide whether an alien’s testimony has about it the ring of truth. … Under these circumstances, we clearly should not attempt to second guess the immigration judge. The petition is DENIED. 1 .

Nigg v. United States Postal Service

501 F.3d 1071 · Court of Appeals for the Ninth Circuit · Aug 27, 2007

FLSA overtime and availability pay differ significantly, both in terms of the hours of work required to qualify, and the way in which pay is calculated. … We conclude that § 1003(c) is not clearly in conflict with the FLSA, and that Congress did not impliedly repeal the FLSA. See Moyle v. Dir., Office of Workers’ Comp.

Ricardo Sanders v. Vince Cullen

873 F.3d 778 · Court of Appeals for the Ninth Circuit · Oct 13, 2017

Gilcrest was given immunity and testified at Sanders’s trial. … United States, 352 U.S. 1 (1956) as the clearly established Supreme Court precedent for this claim.

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.

Raymond v. Moyle v. Director, Office of Workers' Compensation Programs Jones Oregon Stevedoring Co.

147 F.3d 1116 · Court of Appeals for the Ninth Circuit · Jun 29, 1998

The provision further provides a definition of the types of payments that qualify as “remuneration for employment.” … See Glacier Bay, 944 F.2d at 581 (implied repeals “will only be found when ‘the new statute is clearly repugnant, in words or purpose, to the old statute....’”).

Northwest Indian Cemetery Protective Association, Plaintiffs v. R. Max Peterson, Chief, U.S. Forest Service, State of California v. John R. Block, Secretary, U.S. Department of Agriculture

764 F.2d 581 · Court of Appeals for the Ninth Circuit · Jun 24, 1985

A mere listing of mitigation measures is insufficient to qualify as the reasoned discussion required by NEPA. See Adler v. Lewis, 675 F.2d at 1096 . … This finding is not clearly erroneous. 5 IV.