Case law

Ferguson v. Greater Pocatello Chamber Of Commerce, Inc.

848 F.2d 976 · Court of Appeals for the Ninth Circuit · Jun 6, 1988

The Fergusons have presented no evidence that ISU would not have given the lease to them--or any other qualified competitor of Chamber and Journal--if they had been the highest bidder. … Although sparse, these indications of interstate commerce are not so deficient and clearly incurable as to warrant sua sponte dismissal for lack of subject matter jurisdiction at this stage of the proceedings.

John Riach and Maude M. Riach, His Wife v. William E. Frank, District Director of Internal Revenue

302 F.2d 374 · Court of Appeals for the Ninth Circuit · Apr 13, 1962

The court further stated that the preponderance of the evidence clearly established that the elevator was installed to mitigate the aggravation of the arthritic condition. … It follows that the balance, or $500, qualifies for medical deduction.”

United States v. Valenzuela-Hernandez

72 F. App'x 686 · Court of Appeals for the Ninth Circuit · Aug 18, 2003

Consequently, we remand for re-sentencing to allow the district court to review the existing record and any state court *687 documents that may be obtained in order to determine whether Valenzuela-Hemandez’s prior conviction qualifies … Rivera-Sanchez, 247 F.3d 905, 908-09 (9th Cir.2001) (en banc) (stating that when the statute is broader than the generic definition, the court should examine other documents or judicially noticeable facts that clearly establish

Wayne Myron Bishop v. United States

412 F.2d 1064 · Court of Appeals for the Ninth Circuit · Jun 19, 1969

Moreover, we agree that one need not be a “saint” in order to qualify as a conscientious objector. … One seeking exemption from military service bears the burden of establishing his entitlement to a particular exemption; hence, we have repeatedly emphasized that a registrant does not sufficiently establish a valid claim

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant, v. UNION BANK, a Corporation, Appellee

408 F.2d 867 · Court of Appeals for the Ninth Circuit · Feb 13, 1969

Since appellee qualifies as an “employer” within the meaning of 42 U.S.C. § 2000e(b) (Supp. … And Senator Case, who was the Republican floor manager of the bill, noted: Clearly, under the ■ mechanics of the bill in the form with which the leadership is concerned, more concern or more deference could not be given to

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.

James Warren v. Chris Wyant

563 F. App'x 576 · Court of Appeals for the Ninth Circuit · Mar 17, 2014

Officer Wyant may be entitled to qualified immunity. 4  In her motion for summary judgment, Officer Wyant argued that she is entitled to qualified immunity. … The district court granted her summary judgment motion on other grounds and did not reach the qualified immunity question.

Ocampo v. Vail

649 F.3d 1098 · Court of Appeals for the Ninth Circuit · Jun 9, 2011

It succeeded as to the first but, for that very reason, failed under clearly established Supreme Court law as to the second. … [16] The Washington Court of Appeals unreasonably applied clearly established Supreme Court Confrontation Clause jurisprudence to the facts of this case.

Shotgun Delivery, Inc. v. United States

269 F.3d 969 · Court of Appeals for the Ninth Circuit · Oct 16, 2001

Variable Reimbursement The district court concluded that Shotgun had failed to establish an adequate business connection for its reimbursement payments. 85 F.Supp.2d at 965 . … The business connection requirement here at issue is clearly substantive, as it enforces the fundamental distinction between taxable compensation and tax-exempt reimbursement which underpins this entire aspect of the tax

Miller v. Pezzani

35 F.3d 1407 · Court of Appeals for the Ninth Circuit · Sep 15, 1994

We therefore affirm the district court’s conclusion that all defendants except Deloitte were immunized from section 11 liability for errors in the 1987 financial statements. 2. … Under the correct inquiry, summary judgment was clearly inappropriate in this case.

United States v. Arthur L. Hollis

490 F.3d 1149 · Court of Appeals for the Ninth Circuit · Jun 20, 2007

Yet, as we noted in Shaw , Congress clearly intended to make a distinction between powder cocaine and the more potent and addictive form of smokeable “cocaine base” known as “crack” or “rock” cocaine. … The district court committed no error in finding that Hollis’s prior conviction qualified as a felony drug offense. AFFIRMED. 1 .

Robert Ybarra, Jr. v. Timothy Filson

869 F.3d 1016 · Court of Appeals for the Ninth Circuit · Sep 1, 2017

Under AEDPA, a federal court must defer to a state court’s adjudication of a claim unless it “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as … When we conducted our review, we first assumed that the unexplained order qualified as an adjudication on the merits. Cannedy, 706 F.3d at 1156 (citing Ylst, 501 U.S. at 803).

John Doe I, Jane Doe, and John Doe II 1 v. Richard Burton, Commissioner, Alaska Department of Public Safety Bruce M. Botelho, Alaska Attorney General

85 F.3d 635 · Court of Appeals for the Ninth Circuit · May 13, 1996

United States, 431 U.S. 651, 659 (1977) (nature of double jeopardy claim is separable from issue of accused's guilt); Mitchell, 472 U.S. at 527 ("claim of qualified immunity is conceptually distinct from the merits of the … All it need determine is a question of law: whether the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions ...

Monte Hoisington v. Robin Williams

499 F. App'x 693 · Court of Appeals for the Ninth Circuit · Nov 28, 2012

Ct. 1510 (2012), no precedent clearly -3- establishes the scope of a civilly-committed sex offender’s Fourth Amendment and substantive due process rights in the circumstances … We conclude, therefore, that Defendants are entitled to qualified immunity on the claim for monetary damages; accordingly, we affirm the district court’s grant of summary judgment to Defendants on that claim.

Skokomish Indian v. Tacoma Public Utilities

401 F.3d 979 · Court of Appeals for the Ninth Circuit · Mar 8, 2005

No special immunity premised on sovereignty as such is claimed. … Ordinarily, whether a case is cognizable under § 1983 does not turn pn whether the rights are well-established or not, although qualified immunity does -turn upon that consideration. See Saucier v.

Mukhtar v. California State University

319 F.3d 1073 · Court of Appeals for the Ninth Circuit · Feb 12, 2003

The panel refused to consider whether the testimony qualified under Daubert v. … Here, the facts regarding the district court’s decision-making process clearly warranted such a resolution.

Lin v. Gonzales

Court of Appeals for the Ninth Circuit · Jan 8, 2007

GONZALES the amendment establishes eligibility for asylum under two categories relevant to this case. … [3] This case clearly involves a coercive population control program. Birth control officials informed Lin’s brother that he had to be sterilized.

Hendricks v. Calderon

70 F.3d 1032 · Court of Appeals for the Ninth Circuit · Sep 1, 1995

District court fact findings are accepted unless they are clearly erroneous. Id. at 1451-52 . … At most, these cases establish a duty to seek out psychiatric evaluation of a client where the grounds of a mental defense are apparent, a duty Berman clearly discharged.

Salgado-Diaz v. Ashcroft

Court of Appeals for the Ninth Circuit · Jan 31, 2005

Clearly, Salgado-Diaz’s arrest and expulsion had a prejudicial impact on his underlying immigra- tion proceedings. … The INS is correct that petitioner would not qualify for relief under IIRIRA’s rules, which took effect in April 1997. At the  SALGADO-DIAZ v.

Palakiko v. Harper, Warden of Oahu Prison

209 F.2d 75 · Court of Appeals for the Ninth Circuit · Dec 10, 1953

We cannot say that the Territorial Supreme Court findings with respect to the voluntary character of Palakiko’s confession are clearly erroneous. … The connection of the two defendants with the crime was established through their possession of sundry articles stolen at or near the scene of the crime.