Case law

Centurion Properties III, LLC v. Chicago Title Insurance

793 F.3d 1087 · Court of Appeals for the Ninth Circuit · Jul 16, 2015

Thus, we have certified a question to the Washington Supreme Court where a question of law “‘has not been clearly determined’ by the Washington courts,” Bylsma v. … that title companies have blanket immunity from tort liability.

Bouman v. Block

940 F.2d 1211 · Court of Appeals for the Ninth Circuit · Jul 23, 1991

It established no requirement that statistical evidence be uncontroverted to establish a pri-ma facie case. … These figures clearly show a violation of the 80 percent rule.

Osequeda-Nunez v. Holder

Court of Appeals for the Ninth Circuit · Feb 17, 2010

However, because the only information before the IJ was the fact of conviction, Ocegueda’s conviction of inde- cent exposure can qualify as a crime of moral turpitude on the record before us only if it so qualifies under … To qualify for cancellation of removal under this section, an alien must establish, among other requirements, that he or she (1) “has been physically present in the United States for a contin- uous period of not less than

United States v. Lo Bue Brothers, a Partnership Mario Lo Bue, Fred Lo Bue, and Joseph Lo Bue, Partners and William Luther Woodall

274 F.2d 159 · Court of Appeals for the Ninth Circuit · Dec 21, 1959

The Court also found that the attorney truthfully informed appellees that his past experience had established the fact that similar petitions mailed by him from Los Angeles, California, to the Secretary of Agriculture at … Based upon the evidence he heard he found and concluded that the appellees did not willfully exceed their allotment. *165 To set aside this finding, we would be required to hold that the finding of the District Court was clearly

Lauritzen v. Lehman

736 F.2d 550 · Court of Appeals for the Ninth Circuit · Jul 5, 1984

That finding is not clearly erroneous and the majority does not so contend. … Accordingly, the court remanded the case to the district court to determine if the KKK qualified for an award under either Sec. 2412(b) or (d).

De Masters v. Arend

313 F.2d 79 · Court of Appeals for the Ninth Circuit · Jan 24, 1963

Appellants contend that (1) the District Court lacked jurisdiction of the action, (2) the suit was one against the United States to which consent had not been given and was therefore barred by the doctrine of sovereign immunity … agencies is inquisitorial in nature; its exercise does not depend upon a showing of probable cause to believe that a violation of law has occurred. 25 This is true of the power of inquiry vested in the Commissioner. 26 Clearly

Pescosolido v. Block

765 F.2d 827 · Court of Appeals for the Ninth Circuit · Jul 9, 1985

The district court held that the damages claim was barred by sovereign immunity; the Growers do not appeal that holding. … It follows that de novo findings by a district court clearly would be inappropriate.

United States v. Rodriquez

Court of Appeals for the Ninth Circuit · Oct 4, 2006

RODRIQUEZ drug convictions did not qualify as predicate offenses under the ACCA. … ’s prior drug convictions did not qualify as predi- cate offenses.

Southwest Voter Registration Education Project v. Kevin Shelley

344 F.3d 882 · Court of Appeals for the Ninth Circuit · Sep 15, 2003

In that lawsuit, the Common Cause Plaintiffs alleged that use of pre-scored punchcard ballots violated the rights to equal protection, due process, and the privileges and immunities guaranteed to United States citizens secured … Gray struck down a state's established voting system. Harper found a state-established poll tax unconstitutional.

National Labor Relations Board v. Knickerbocker Plastic Company, Inc.

218 F.2d 917 · Court of Appeals for the Ninth Circuit · Jan 15, 1955

It is of course generally within the right of management to assign qualified employees to the particular work it desires them to perform. … It is well established that an employer is under a duty to deal only with the true representatives of his workers. Virginian Railway Co. v.

Steven Peck v. Margaret Hinchey

655 F. App'x 534 · Court of Appeals for the Ninth Circuit · Jun 16, 2016

This alleged conduct is not protected by absolute immunity. … Abbey, 263 F.3d 1070, 1074–75 (9th Cir. 2001) (en banc) (“[T]here is a clearly established constitutional due process right not to be subjected to criminal charges on the basis of false evidence that was deliberately fabricated

Velarde v. Immigration & Naturalization Service

140 F.3d 1305 · Court of Appeals for the Ninth Circuit · Apr 10, 1998

Either past persecution or a well-founded fear of future persecution provides eligibility for a discretionary grant of asylum. 4 Establishing the well-founded fear of persecution sufficient to qualify for asylum requires … Sendero Luminoso clearly knows who Velarde is and has shown an ongoing and deadly interest in her, her family, and other people involved in Presidential security.

J.L. v. Social Security Administration

971 F.2d 260 · Court of Appeals for the Ninth Circuit · Jul 15, 1992

Enforcement of Non-Discrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Health and Human Services”). 3 Section 504 of the Rehabilitation Act of 1973 (as amended) states: No otherwise qualified … the best position to determine what information it needs to make eligibility decisions and to evaluate what burdens would be imposed upon whom by different methods of gathering information. (2) The administrative scheme established

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.

Wagner v. Director, Federal Emergency Management Agency

847 F.2d 515 · Court of Appeals for the Ninth Circuit · May 20, 1988

Since 1979, the Director of the Federal Emergency Management Agency (FEMA) has administered the program for the federal government through the Federal Insurance Administration. 1 In order to qualify for flood insurance benefits … Because waivers of sovereign immunity are construed narrowly, Lehman v.

Santiago v. Rumsfeld

425 F.3d 549 · Court of Appeals for the Ninth Circuit · May 13, 2005

The con-gressionally-authorized suspension of the separation laws qualifies as a “change” in the law within the meaning of this clause. … In so providing, the contract was reflecting well-established rules of law applicable to enlistment contracts. See Winters v.

Southeast Alaska Conservation Council v. United States Army Corps of Engineers

486 F.3d 638 · Court of Appeals for the Ninth Circuit · May 21, 2007

Thus, the agen- cies clearly intended to exclude discharges subject to effluent limitations or performance standards from the new definition of “fill material.” … by the clearly applicable and specific performance standard.

Richard Hurles v. Charles L. Ryan

706 F.3d 1021 · Court of Appeals for the Ninth Circuit · Jan 18, 2013

In considering whether the state court unreasonably applied clearly established federal law, we *1030 are limited to the record before the state court that adjudicated the claim on the merits. … We must consider whether this denial of Hurles’s claim of ineffective assistance of appellate counsel qualifies as objectively unreasonable.

United States v. Harold T. Wosepka

757 F.2d 1006 · Court of Appeals for the Ninth Circuit · Jul 9, 1985

Because of the private cash increase to the capital base of the Company, the SBA approved the license transfer to Wosepka and the Company also qualified for SBA leverage funding. *1008 The Company, with its name changed to … The Witt court clearly recognized this and limited its holding to the unique circumstances in that case.

Mt. Graham Red Squirrel v. Espy

986 F.2d 1568 · Court of Appeals for the Ninth Circuit · Mar 3, 1993

“When specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified experts even if, as an original matter, a court might find contrary views more persuasive … These findings are not clearly erroneous.