Case law

96 Cal. Daily Op. Serv. 2375, 96 Daily Journal D.A.R. 3950 Wmx Technologies, Inc., F/k/a/ Waste Management, Inc., a Delaware Corporation and Waste Management of California, Inc., a California Corporation v. Edwin L. Miller, Jr., as District Attorney of San Diego County, California

80 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 §

Jennifer L. Passantino v. Johnson & Johnson Consumer Order And Products, Inc.

212 F.3d 493 · Court of Appeals for the Ninth Circuit · Apr 27, 2000

Williams stated that she was clearly qualified for those positions as of 1993 (if not earlier), and such positions were available after she complained of discrimination. … First, while the actors here were clearly managerial, it is not apparent to us exactly how senior they were.

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”);

The Boeing Company v. The National Labor Relations Board, and Local 286-W, International Union of Operating Engineers, Afl-Cio, Intervenor

581 F.2d 793 · Court of Appeals for the Ninth Circuit · Sep 11, 1978

The Board based its decision on the fact that qualified welders “performed skilled work, subject to rigid inspection, and require a long period of on-the-job training and experience.” … In the case at hand, it is apparent that the Company complied with the conditions established by the Seventh Circuit in Chicago.

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

Lesly Cohen v. United States

378 F.2d 751 · Court of Appeals for the Ninth Circuit · Jun 20, 1967

Under the principle established by Nardone , and the •cases which apply it (note 20), such general and speculative averments will not •do. … “The legislative history of Section 1084 clearly indicates that the purpose of the legislation was to curb the activities of the professional gambler.” 9 . See United States v.

Rodolfo Pedroza-Padilla v. Alberto R. Gonzales, Attorney General

486 F.3d 1362 · Court of Appeals for the Ninth Circuit · May 15, 2007

Clearly, with respect to maintenance of continuous residence, it was not congressional intent to provide relief for absences under an order of deportation. … Because there was no showing of continuous residence to qualify for legalization, there was no abuse of discretion in the AAO’s determination and we thus also deny petitioner’s motion for stay of removal.

Maricopa-Stanfield Irrigation & Drainage District v. United States

158 F.3d 428 · Court of Appeals for the Ninth Circuit · Oct 14, 1998

The amici underestimate the breadth of the SCAT Act’s waiver of sovereign immunity. … Second, the districts must demonstrate that Congress clearly foreclosed its own prerogative to order that water reallocated in subsequent legislation.

Yun Liao v. Maurice Junious

817 F.3d 678 · Court of Appeals for the Ninth Circuit · Apr 1, 2016

The panel concluded (1) that the Superior Court’s decision that Liao suffered no prejudice was based on an unreasonable determination of the facts and was objectively unreasonable in its application of clearly established … First, “clearly established federal law” is limited to Supreme Court authority that “squarely addresses” the claim at issue and provides a “clear answer.” Wright v.

Andrews v. King

Court of Appeals for the Ninth Circuit · Feb 22, 2005

Not all unsuccessful cases qualify as a strike under § 1915(g). … The Meaning of a Strike I also do not agree that a dismissal for filing a clearly improper appeal is not a dismissal on the basis of frivolity.

Scott Nordstrom v. Charles Ryan

856 F.3d 1265 · Court of Appeals for the Ninth Circuit · May 18, 2017

. 2003) (holding that a panel may depart from the law of the circuit when “the relevant court of last resort . . . undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly … ADC’s legal mail policy does not meet this standard because it requires that prison officials “verify that [the letter’s] contents qualify as legal mail.” III.

Hatfield v. Halifax Plc

Court of Appeals for the Ninth Circuit · May 8, 2009

The Transfer Document provided that, if the conver- sion was approved, each “qualifying member” would receive free shares in Halifax. … Hatfield was clearly a third- party beneficiary to the Transfer Agreement such that, under California law, she can enforce the choice of law provision.

Norris v. Morgan

622 F.3d 1276 · Court of Appeals for the Ninth Circuit · Sep 23, 2010

We conclude that the decision was not contrary to clearly established federal law. … The gross disproportionality principle necessarily has a core of clearly established meaning; a principle with no sub- stance is no principle at all.

Ten Fong Craig, Individually and as Administratrix of the Estate of William Henry Craig Deceased v. Atlantic Richfield Co.

19 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.”

Guy 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.”

Mohamed v. Jeppesen Dataplan, Inc.

579 F.3d 943 · Court of Appeals for the Ninth Circuit · Aug 31, 2009

Moreover, “at the core of Plaintiffs’ case against Defendant Jeppesen are ‘allegations’ of covert U.S. military or CIA operations in foreign countries against foreign nationals — clearly a subject matter which is a state … According to the government’s theory, the Judiciary should effectively cordon off all secret government actions from judicial scrutiny, immunizing the CIA and its partners from the demands and limits of the law.

United States v. Escarcega-Duran

96 F. App'x 458 · Court of Appeals for the Ninth Circuit · Apr 23, 2004

On appeal before this Court, Duran argues for the first time that his 1999 conviction for transporting an alien “for commercial advantage or private financial gain” does not qualify as an “alien smuggling offense committed … Accordingly, we hold that Duran’s 1999 conviction constitutes an act “committed for profit” for purposes of section 2L1.2(b)(l)(A)(vii) because, under the “modified” categorical approach, the record clearly establishes that

United States v. Bennett

219 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.

Fresno Rifle and Pistol Club, Inc. v. John K. Van De Kamp, Esq., in His Official Capacity as Attorney General of the State of California

965 F.2d 723 · Court of Appeals for the Ninth Circuit · May 22, 1992

The Act permits the state Attorney General to seek future judicial declarations that firearms other than those specifically identified qualify as assault weapons. AWCA § 12276.5. … Pursuant to that power, Congress established the CMP in the early 1900s “to create interest in marksmanship training among U.S. men of military age.” U.S.

United States v. Miguel Cano

934 F.3d 1002 · Court of Appeals for the Ninth Circuit · Aug 16, 2019

Following Cano’s implication of Medina, the government contacted Medina and promised him immunity and immigration papers in exchange for his cooperation. … In fact, the record established the opposite.