Case law

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

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.

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.

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

Jose Rolando Escobar Ruiz v. Immigration and Naturalization Service

813 F.2d 283 · Court of Appeals for the Ninth Circuit · Mar 25, 1987

As Applied to Deportation Proceedings Deportation proceedings clearly are adjudications of the type referred to in section 554. … The passage of the EAJA, while abrogating governmental sovereign immunity against claims for attorney fees, does not dispense with the tax lien priority created under the tax lien statutes. 748 F.2d 513, 517 .

Zachary Silbersher v. Valeant Pharmaceuticals Int'l

Court of Appeals for the Ninth Circuit · Jan 5, 2024

It is clearly “Federal”: the PTAB is an adjudicatory body of the PTO, an agency within the U.S. Department of Commerce. See 35 U.S.C. § 6(a); Allergan, 46 F.4th at 998. … See 35 U.S.C. § 311(a)–(b) (establishing grounds and scope of IPR proceeding); id. § 313 (describing patent owner’s right to respond); id. § 314 (defining basis for instituting IPR); id. § 316(a)(5) (establishing parties’

Jeffrey Nielsen v. Ryan Thornell

101 F.4th 1164 · Court of Appeals for the Ninth Circuit · May 21, 2024

For example, it might have to show that it has devoted substantial resources to this objective or that the public clearly recognizes that goal as a central mission of that organization. … THORNELL the interest and how qualified the plaintiff is in evaluating the problem, is not sufficient by itself to confer standing.” (simplified)).

McCauley v. Ford Motor Co.

264 F.3d 952 · Court of Appeals for the Ninth Circuit · Sep 6, 2001

Here, the record clearly indicates that the district court intended to dispose of the consolidated action. First, the dismissal did not grant leave to amend. … viewpoint” rale to establish the jurisdictional amount.

Textile Unlimited, Inc., a California Corporation v. A..bmhand Company, Inc., a Georgia Corporation

240 F.3d 781 · Court of Appeals for the Ninth Circuit · Feb 14, 2001

a contract for sale although the writings of the parties do not otherwise establish a contract. … To qualify as an acceptance under § 2207(1), an offeror must “give specific and unequivocal assent” to the supplemental terms. Id. at 1445. If the new provisos are not accepted, then no contract is formed.

ABS Entm't, Inc. v. CBS Corp.

908 F.3d 405 · Court of Appeals for the Ninth Circuit · Aug 20, 2018

In Entertainment Research Group , for example, the costumes were clearly distinguishable from the underlying characters. … Neiman was qualified to establish the foundation for the business records exception, and that the district court abused its discretion in excluding the Triton Reports.

Ledford v. Idaho Department of Juvenile Corrections

658 F. App'x 312 · Court of Appeals for the Ninth Circuit · Aug 9, 2016

An official is entitled to qualified immunity if her “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v. … We review a denial of qualified immunity de novo, Bryan v. MacPherson, 630 F.3d 805, 823 (9th Cir. 2010), and we reverse.

Kinney v. Lenon

447 F.2d 596 · Court of Appeals for the Ninth Circuit · Oct 13, 1971

THE REFUSAL TO GRANT BAIL 8 The principal thrust of appellants' argument is to establish the right of this juvenile to be released on bail. … That it was considered, however, clearly appears from the concurring opinion of Justices Stewart and Harlan, and from the opinion of Mr. Justice Douglas, dissenting.

Silver v. Executive Car Leasing Long-Term Disability Plan

466 F.3d 727 · Court of Appeals for the Ninth Circuit · Aug 7, 2006

We hold that this finding is clearly erroneous. … establish that additional evidence is necessary to conduct an adequate de novo review of the benefit decision.”

Michael Eugene Brackney, an Infant by Judith C. Brackney, His Guardian Ad Litem and Judith C. Brackney v. Combustion Engineering, Inc., University of Chicago, and John Doe I, John Doe Ii, John Doe Iii, John Doe Iv, John Doe V, John Doe Vi, John Doe Vii, John Doe Viii, John Doe Ix, John Doe X, Richard Dean McKinley Ann Marie Rowell John Michael McKinley and Caroline Irene McKinley v. Combustion Engineering, Inc., and University of Chicago

674 F.2d 812 · Court of Appeals for the Ninth Circuit · Apr 15, 1982

McKinley, Ann Marie Rowell, and John McKinley against the University of Chicago are clearly barred by the Idaho Statute of Limitations. … We find that this determination of the district court is not clearly wrong and must be affirmed. 25 As to Brackney's due process claim, a facts and circumstances test on this issue was established by the Supreme Court in

United States v. Torres

120 F. App'x 68 · Court of Appeals for the Ninth Circuit · Jan 11, 2005

Code 9A.52.025 — is not a crime of violence under the categorical approach, as it prohibits both conduct that does and does not qualify as a crime of violence. See United States v. … Under the modified categorical approach, “courts may examine the record for documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.”

96 Cal. Daily Op. Serv. 5186, 96 Daily Journal D.A.R. 8385 Safi Mosa v. Richard K. Rogers, District Director, Immigration and Naturalization Service, Los Angeles Immigration and Naturalization Service

89 F.3d 601 · Court of Appeals for the Ninth Circuit · Jul 12, 1996

Id. 8 The Attorney General has discretion to grant an alien asylum if he qualifies as a "refugee" under 8 U.S.C. § 1101 (a)(42)(A). 8 U.S.C. § 1158 (a). … Aguilera-Cota, 914 F.2d at 1381 . 10 In reaching its adverse credibility decision, the BIA relied on the following three findings of the IJ: (1) Mosa's testimony that there were spies at his technical school was "clearly

United States v. Minore

40 F. App'x 536 · Court of Appeals for the Ninth Circuit · Jun 17, 2002

The district court’s finding that Minore failed to meet his burden was not clearly erroneous. II. INEFFECTIVE ASSISTANCE Relying on United States v. … ADEQUACY OF THE INTERPRETER Chinawat argues that the district court’s failure to provide him with a qualified Thai interpreter violated his statutory rights under the Court Interpreters Act, 28 U.S.C. § 1827 (“the Act”);

United States v. Rodrigo Alejandro Morales-Perez

438 F.3d 971 · Court of Appeals for the Ninth Circuit · Feb 22, 2006

establish that the conviction is a predicate conviction for enhancement purposes.'" … Like its federal counterpart, California's statute establishes multiple means by which a drug trafficking crime may be committed.

United States v. Roberto Lopez

762 F.3d 852 · Court of Appeals for the Ninth Circuit · Aug 7, 2014

It is undisputed that Agent Harris was not at the Nogales border when Lopez was removed; nor was Harris qualified as an expert under Federal Rule of Evidence 702. … FRE 901 provided an alternative basis for establishing the documents’ authenticity.” Id.  UNITED STATES V.