Case law
Opinions from 1658 to today.
10,000+ results
0.68s
697 F.3d 1125 · Court of Appeals for the Ninth Circuit · Oct 9, 2012
There, we explained that “when the state statute’s greater breadth is evident from its text, a defendant may rely on the statu- tory language to establish the statute as overly inclusive,” and it is “the Government [that] … Code, the understanding clearly survives in federal law. For one, Congress continues to view kidnapping as a crime of violence.
Cited 29 timesPublishedYesenia Pacheco v. United States
21 F.4th 1183 · Court of Appeals for the Ninth Circuit · Jan 3, 2022
Under Washington law, in wrongful birth cases, the establishment of cause in fact also establishes that liability should attach. Id. … by patrons of the establishments.
Cited 4 timesPublishedUnited States v. General Dynamics Corp.
828 F.2d 1356 · Court of Appeals for the Ninth Circuit · Apr 2, 1987
Rather, the Act provides that “an agency board of contract appeals may be established when the agency head ... determines ... that the volume of contract claims justifies the establishment of a full-time agency board____” … (2) Is the nature of the Contract clearly a firm fixed-price contract, or clearly a best efforts contract, or clearly another type of contract — a hybrid of some kind? What type of contract is it?
Cited 58 timesPublished250 F. App'x 213 · Court of Appeals for the Ninth Circuit · Oct 4, 2007
United States, 544 U.S. 13, 16 , 125 S.Ct. 1254 , 161 L.Ed.2d 205 (2005), a plea agreement is only sufficient to carry the government’s burden under the modified categorical approach when that agreement “establish[es] clearly … “clearly and unequivocally that Duran was convicted of an aggravated felony.”
Cited 0 timesPublishedPacific Bell v. Pac-West Telecomm, Inc.
325 F.3d 1114 · Court of Appeals for the Ninth Circuit · Apr 7, 2003
subject to interconnection agreements containing reciprocal compensation provisions are directed to make appropriate reciprocal payment called for in such agreements for the termination of ISP traffic which would otherwise qualify … Questions of Eleventh Amendment immunity are reviewed de novo, *1124 Demshki v. Monteith, 255 F.3d 986, 988 (9th Cir.2001), as are questions of subject matter jurisdiction, Wilson v. A.H.
Cited 22 timesPublishedCourt of Appeals for the Ninth Circuit · Dec 26, 2012
Additionally, an associated vessel that is tied to the Discoverer while it is anchored to the seabed also becomes an OCS source because it is “[p]hysically attached to an OCS facility,” an alternative way to qualify as an … qualify as a boundary for defining ambient air.
Cited 0 timesPublishedCourt of Appeals for the Ninth Circuit · May 12, 2008
See Williams, 529 U.S. at 405-06 (explaining that a state court’s decision will be “contrary to” clearly established federal law where the state court “applies a rule that contradicts the gov- erning law” set forth by the … BLACKETTER 5287 insistence on expeditiousness that clearly established federal law prohibits. See Morris, 461 U.S. at 11-12.
Cited 0 timesPublished219 F.3d 1117 · Court of Appeals for the Ninth Circuit · Jul 28, 2000
Agent Twersky detailed how the use of suspect interviews and grand jury subpoenas, to be productive, would necessarily involve granting immunity to the most culpable individuals in the conspiracy. … Here, the district court did not clearly err in determining that the appellants satisfied the recklessness requirement, but not the materiality requirement.
Cited 65 timesPublished67 F.3d 846 · Court of Appeals for the Ninth Circuit · Oct 5, 1995
Section 555a(a) does not directly interfere with speech rights of Jones; it simply deprives Jones of a damages remedy if the City acted wrongfully in denying Jones permission to serve the annexed areas. 20 Jones is clearly … These well-established utilities have been subject to state regulation for decades or centuries. There has been no showing that their regulation has led to damages actions that threatened the cities' fisc.
Cited 0 timesPublishedLaurie Wellington v. Nancy Berryhill
878 F.3d 867 · Court of Appeals for the Ninth Circuit · Dec 29, 2017
With slowly progressive impairments, it is sometimes impossible to obtain medical evidence establishing the precise date an impairment became disabling. … The first hospital visit that could potentially. cast a shadow of disability back in time is the first relevant examination by a qualified- examiner.
Cited 588 timesPublishedMichael Ray Hogan v. Jeremy Bean
Court of Appeals for the Ninth Circuit · Jun 4, 2025
In addition, the Nevada Supreme Court reiterated that “[w]e have previously determined, and it is now the law of the case, that Hogan’s trial and appellate counsel were clearly effective and that the criteria for relief established … The district court held that the state court’s decision was not contrary to clearly established federal law and found the claim “without merit.”
Cited 0 timesPublishedUnited States v. Susan Rodriguez
971 F.3d 1005 · Court of Appeals for the Ninth Circuit · Aug 20, 2020
Burrage held that the “results from” language in the Controlled Substances Act established a but-for causation requirement. Id. at 218–19. … Therefore, while Gallardo and Feeney established the requisite personal UNITED STATES V.
Cited 33 timesPublished918 F.2d 848 · Court of Appeals for the Ninth Circuit · Nov 14, 1990
This testimony clearly amounted to more than the “unsubstantiated innuendo” that the Supreme Court warned against in Huddleston. Id. … The court properly instructed the jurors that they could use the prior bad acts evidence to establish intent and motive only if they first found that the other evidence established beyond a reasonable doubt that Hadley committed
Cited 128 timesPublishedCourt of Appeals for the Ninth Circuit · Feb 13, 2006
Unity House’s Assets Do Not Qualify as “Proceeds” of Rutledge’s Mail or Wire Fraud. … Those third parties, however, would have to meet the requirements of 21 U.S.C. § 853(n) to establish their superior right to the assets. UNITED STATES v.
Cited 0 timesPublishedGuy Caman, an Individual v. Continental Airlines, Inc.
455 F.3d 1087 · Court of Appeals for the Ninth Circuit · Aug 2, 2006
The foregoing language clearly establishes the liability of international air carriers for accidents resulting in harm to passengers sustained during any operations of the aircraft. … Consequently, we need not dispositively determine whether the flight attendant’s conduct qualified as 'unusual or unexpected' under Saks , but may assume that it was for purposes of this opinion.”
Cited 10 timesPublishedSan Francisco County Democratic Central Committee v. March Fong Eu
792 F.2d 802 · Court of Appeals for the Ninth Circuit · Jun 18, 1986
The Secretary, however, turns constitutional analysis upside down when she argues that the. state regulations are immune from constitutional attack because they deprive the party committees of First Amendment status. … When the Libertarian party qualified for the ballot, it was forced to jettison its “preferred and natural” party organization and replace it with one already mandated for one of the existing qualified parties. 22 See Declaration
Cited 1 timesPublished771 F.2d 1244 · Court of Appeals for the Ninth Circuit · Sep 16, 1985
It relies upon "sound policy reasons as well as established precedent...." Ante, at 1256. … Clearly that result is required where the attorney is neither an employee of the union nor acting as its agent or representative.
Cited 352 timesPublishedCourt of Appeals for the Ninth Circuit · Sep 9, 2025
We rejected Ocegueda’s challenge and explained, “a common sense meaning of the phrase clearly includes [Ocegueda’s] conduct” because heroin use “by laymen is not permissible in any circumstance” and the evidence established … Stennerson argues that courts using different descriptors to explain what qualifies someone as an “unlawful user” is proof that the statute is impermissibly vague.
Cited 0 timesPublished80 F.3d 1315 · Court of Appeals for the Ninth Circuit · Apr 8, 1996
Miller's Claim of Legislative Immunity 37 Because we affirm the district court's dismissal of all claims, we do not address Miller's claim of legislative immunity. 38 AFFIRMED. 39 HAWKINS, Circuit Judge, concurring in part … Reputation, Business Goodwill, and WMX's Claim 64 Because the link between business goodwill and reputation is so clearly established in California statutory and case law, deciding whether WMX has successfully stated a §
Cited 1 timesPublished19 F.3d 472 · Court of Appeals for the Ninth Circuit · Mar 23, 1994
The district court relied on testimony establishing “that Airfast was an established carrier used by major oil companies in South East Asia.... … Moreover, Airfast was qualified, certified, and regulated by Indonesian and Singaporean aviation officials.”
Cited 52 timesPublished
Ask Donna