Case law

Fox Television Stations, Inc. v. Aereokiller, LLC

851 F.3d 1002 · Court of Appeals for the Ninth Circuit · Mar 21, 2017

All of that being said, however, we would not go so far as to conclude that it would be clearly impermissible to say that FilmOn qualifies for a compulsory license under § 111. … We therefore adhere to the “well established principle . . .

George M. Hedla, Etc. v. Blaine McCool Etc., George M. Hedla, Etc. v. Blaine McCool Etc.

476 F.2d 1223 · Court of Appeals for the Ninth Circuit · Apr 10, 1973

shall qualify under this chapter before he may solicit business for, enter into contracts for, or perform professional services requiring registration or a permit.” … We do not find the court’s ruling with respect to prejudgment interest is clearly erroneous. The judgment is affirmed. 1 . “Registration required.

Santos L. Reyes v. Jill Brown, Warden

399 F.3d 964 · Court of Appeals for the Ninth Circuit · Mar 4, 2005

“A state court’s decision is ‘contrary to’ clearly established federal law if it ‘applies a rule that contradicts the governing law set forth in [Supreme Court] cases[,]’ or (2) ‘confronts a set of facts that are materially … “A state court’s decision is an *967 unreasonable application of clearly established federal law if ‘the state court identifies the correct governing legal principle from [Supreme Court] decisions but unreasonably applies

Osequeda-Nunez v. Holder

Court of Appeals for the Ninth Circuit · Feb 10, 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

Jeanne Koster v. Lingan A. Warren, Milton L. Selby, Chester N. Sanders, Dwight M. Cochran, and Safeway Stores, Inc.

297 F.2d 418 · Court of Appeals for the Ninth Circuit · Oct 19, 1961

If all the Act did was to create this liability, it would clearly be substantive. … It may well be that public policy would strike down, as lacking in quid pro quo, any arrangement whereby a corporate officer could with immunity from personal liability involve his company in antitrust violations.

Alday v. Raytheon Co.

620 F.3d 1219 · Court of Appeals for the Ninth Circuit · Sep 7, 2010

Each CBA provided premium- free medical insurance coverage to qualified retirees until they attained the age of 65 years, as well as their spouses and eligi- ble dependents. … These examples suggest that “coverage” refers to how and for whom benefits in general become available, not the specific benefits themselves.5 [10] Thus, while Raytheon could establish the specific benefits of medical

Kimball v. Callahan

590 F.2d 768 · Court of Appeals for the Ninth Circuit · Jan 26, 1979

Enforcement Division, have appealed from a judgment declaring that appellees, five Klamath Indians and the Klamath Indian Game Commission, and the members of the Klamath Indian Tribe are "entitled to the rights, privileges and immunities … The Acting Secretary of Interior also recognized that different interpretations of its effect were possible, and advised Congress to clearly state its intentions. Letter to Hon. Richard L.

James McKinney v. Charles Ryan

813 F.3d 798 · Court of Appeals for the Ninth Circuit · Dec 29, 2015

Clearly Established Law as Determined by the Supreme Court The Supreme Court in Lockett v. … This was contrary to clearly established federal law as established in Eddings. We review the decision of the highest state court to have provided a reasoned decision. Ylst v.

Elmer Co. v. Kemp

67 F.2d 948 · Court of Appeals for the Ninth Circuit · Dec 11, 1933

It is clearly admissible for that purpose where the books were all in the custody of the court, and its receivers and were equally available to both sides. … Now, before he can do so, he must establish two things, he must establish that by the preponderance of the evidence, and the burden never shifts to the other side; first, he must establish a trust; secondly, after he has

United States v. Randly Begay

934 F.3d 1033 · Court of Appeals for the Ninth Circuit · Aug 19, 2019

proof of the reckless use of force against a person or property of another qualifies as a crime of violence under 18 U.S.C. § 16.” … BEGAY However, we have never directly addressed “deliberate” or “extreme” recklessness in the same context, 20 which clearly provides a higher standard than “mere recklessness.”

Punikaia v. Clark

720 F.2d 564 · Court of Appeals for the Ninth Circuit · Sep 7, 1983

These interpretations of state law are not clearly wrong. … Even assuming that the patients qualify as third-party beneficiaries, their argument fails.

Daniel Long Fox and Henry Cliff, for Themselves and All Others Similarly Situated v. Rogers Morton, Secretary of the Interior

505 F.2d 254 · Court of Appeals for the Ninth Circuit · Dec 5, 1974

Courts have generally refused to apply the doctrine of estoppel or waiver to the government under a theory akin to sovereign immunity. … There clearly was evidence to support such a finding; thus, there is no occasion for a hearing to establish the eligibility of the petitioners to continue as beneficiaries under the general relief program. 15 There is some

In Re Wolf & Vine

825 F.2d 197 · Court of Appeals for the Ninth Circuit · Aug 12, 1987

This court reviews the bankruptcy court's findings of fact under a clearly erroneous standard and its conclusions of law de novo. Pizza of Hawaii, Inc. v. Shakey's, Inc. … between receipt and negotiation of a check does not preclude a substantially contemporaneous exchange under section 547(c)(1).). 35 Evidence supports the assertion that the definition of "reasonable time" for honoring checks, established

Grand Canyon Dories, Inc. v. Idaho Outfitters & Guides Board

709 F.2d 1250 · Court of Appeals for the Ninth Circuit · Jun 7, 1983

Moreover, “courts are not to seek out conflicts between state and federal regulation where none clearly exist.” Pacific Legal Foundation v. … The Court found that the Secretary of Transportation is authorized expressly to regulate vessel size and that he had acted to establish a size limitation in Puget Sound. Id. at 174-75, 98 S.Ct. at 1002-1003.

Northwest Indian Cemetery Protective Assocation v. R. Max Peterson, Chief, U.S. Forest Service, State of California v. John R. Block, Secretary, U.S. Department of Agriculture, Defendants- Civ. A. No. 83-2225

795 F.2d 688 · Court of Appeals for the Ninth Circuit · Jul 22, 1986

This finding is not clearly erroneous. 10 IV. … The religious uses described by the Report unquestionably qualify as "religious" by the narrowest definition.

O'Keefe v. Van Boening

82 F.3d 322 · Court of Appeals for the Ninth Circuit · Apr 30, 1996

Although the State Officials had filed a motion for summary judgment before the district court ruled in favor of O’Keefe, that motion only developed the facts necessary to support the State Officials’ claim of qualified immunity … Even assuming that the DOC Mail Policy does have such a chilling effect, the State Officials have established that legitimate pe-nological interests justify the policy. Cf. Witherow v.

45 Fed. R. Evid. Serv. 393, 96 Cal. Daily Op. Serv. 5889, 96 Daily Journal D.A.R. 9686 Bonnie Lee Mendenhall v. National Transportation Safety Board Federal Aviation Administration

92 F.3d 871 · Court of Appeals for the Ninth Circuit · Aug 8, 1996

Upon receipt of the certificate, FAA counsel should have immediately realized that Mendenhall had "satisfactorily establishe[d] [her] qualifications." … By demonstrating her qualification to hold an ATP certificate, Mendenhall proved that she was qualified to hold her instrument rating and flight instructor certificate 2 This certificate clearly states the date of issuance

Farrakhan v. Washington

338 F.3d 1009 · Court of Appeals for the Ninth Circuit · Jul 25, 2003

Because a Section 2 analysis clearly requires that we consider factors external to the challenged voting mechanism itself, we hold that evidence of discrimination within the criminal justice system can be relevant to a Section … In light of this determination, we turn to the question of whether evidence of racial discrimination in the criminal justice system qualifies as such evidence.

Amato v. Bernard

618 F.2d 559 · Court of Appeals for the Ninth Circuit · May 8, 1980

This application was initially denied on June 7, 1971, on the ground that Amato did not have enough service credits to qualify for a pension. … The district court clearly did not err in finding, as it did, that Amato did not exhaust his administrative remedies in 1976.

United States v. Robert E. Tucker

716 F.2d 576 · Court of Appeals for the Ninth Circuit · Sep 30, 1983

The facts in the matter before us are clearly distinguishable and compel a different result. … Finding No. 3 Retained trial counsel neither qualified for, nor did he take the necessary steps to qualify for appointment to indigent criminal cases in the United States District Court for the Southern District of California