Case law

United States v. Lissette Christina Nukida

8 F.3d 665 · Court of Appeals for the Ninth Circuit · Oct 26, 1993

Generally, Rule 12(b) motions are appropriate to consider “such matters as former jeopardy, former conviction, former acquittal, statute of limitations, immunity, [and] lack of jurisdiction.” United States v. … This is clearly the case when the jurisdictional requirement is also a substantive element of the offense charged.” Id.

Dee Perry v. Jason Viloria

Court of Appeals for the Ninth Circuit · Oct 6, 2021

In fact, Perry misrepresents section 35161 as stating that the “individuals” retain ultimate responsibility, when the text of the statute clearly describes the “governing board” as the entity with “ultimate responsibility … AFFIRMED.1 1 We do not reach Defendants’ alternative arguments that Perry failed to state a First or Fourteenth Amendment claim upon which relief can be granted and that they are entitled to qualified or absolute immunity

Prete v. Bradbury Et

438 F.3d 949 · Court of Appeals for the Ninth Circuit · Feb 21, 2006

Rather, as discussed infra, we hold that because the district court did not clearly err in determining plaintiffs failed to establish that Measure 26 sig-  PRETE v. … Remedy The remedy for an improper grant of intervention has not been clearly established.

John Papai, Joanna Papai v. Harbor Tug and Barge Company

67 F.3d 203 · Court of Appeals for the Ninth Circuit · Sep 25, 1995

However, the Court went on to recognize further support for its holding, which is applicable here: “Moreover, the LHWCA clearly does not comprehend such a preclusive effect, as it specifically provides that any amounts paid … Furthermore, imposing such a bar would result in subjecting to suit an employer who immediately and voluntarily begins compensation payments while immunizing from suit an employer who forces his employee to seek compensation

United States v. $186,416.00 in U.S. Currency

590 F.3d 942 · Court of Appeals for the Ninth Circuit · Jan 7, 2010

The LAPD would qualify to receive forfeited funds under this provision, should the federal government elect to make such a transfer. … The First Circuit held that the exclusionary rule "clearly could not have barred the district court from considering the defendant’s voluntary statements as set forth in the PSR.” Id. at 505 .

United States v. Hunter Engineers & Constructors, Inc.

789 F.2d 1436 · Court of Appeals for the Ninth Circuit · May 21, 1986

The predecessor to section 6303(a) clearly required notice to only those subject to administrative collection processes. … The section establishes a general three-year statute of limitations for debt collection actions. Section 6501(a) is qualified by section 6502(a)(1) which reads: (a) Length of period.

Floyd R. Clodfelter and Enna L. Clodfelter v. Commissioner of Internal Revenue

527 F.2d 754 · Court of Appeals for the Ninth Circuit · Dec 18, 1975

Congress has established procedures by which the Secretary may adjust or correct the tax voluntarily revealed by the taxpayer , as due. … In both cases it was held that while mailing to be effective in such cases must be to the last known address, the questioned mailing qualified as such.

Hanford Downwinders Coalition, Inc. v. Dowdle

71 F.3d 1469 · Court of Appeals for the Ninth Circuit · Dec 7, 1995

Timing of Review provision, the ATSDR has. completed its health assessment activities at Hanford, and thus its suit qualifies for the § 9613(h)(4) “citizen suit” exception. … The cleanup at Hanford is clearly in its pen-dency.

United States v. Broussard

200 F. App'x 696 · Court of Appeals for the Ninth Circuit · Sep 1, 2006

Similarly, the jury verdict form clearly shows that the jury believed that, on or about November 18, 2002, Broussard distributed cocaine base and that the mixture containing the cocaine base was over 50 grams. … Thus, the judge did not rely on the alleged October 2002 trip to calculate the Guidelines range, establish the statutory mandatory minimum sentence, or determine the final 300-month sentence.

U Visa v. Director, U.S. Citizenship and Immigration Services

Court of Appeals for the Ninth Circuit · Sep 14, 2026

To receive a U Visa, a victim of a qualifying criminal activity must file a petition known as Form I-918. … The requirement must be “so clearly set forth that it could traditionally have been enforced through a writ of mandamus.” Hells Canyon Pres. Council v. U.S.

United States v. John Walter Ossa

470 F.2d 816 · Court of Appeals for the Ninth Circuit · Jan 9, 1973

On that date Ossa reported, was given a physical examination and was found qualified, but refused to be inducted. … This, he argues, clearly shows that the regulation confers a discretion on the board. We do not accept these arguments.

Ackerman, Atty. Gen. v. International Longshoremen's & Warehousemen's Union Bevins, County Atty. v. International Longshoremen's & Warehousemen's Union (Two Cases). Ackerman, Atty. Gen. v. International Longshoremen's & Warehousemen's Union

187 F.2d 860 · Court of Appeals for the Ninth Circuit · May 25, 1951

that immunity by injunction. … Such, we think, is the case here. 20 Furthermore, we think want of good faith was not proven, and the court's finding in that respect clearly erroneous.

Frank Atwood v. Charles Ryan

870 F.3d 1033 · Court of Appeals for the Ninth Circuit · Sep 13, 2017

A rationale that must be extended before it applies is not clearly established law, Moses v. … Nor did the Arizona Supreme Court unreasonably apply clearly established federal law. Furman and Gregg established a general rule that turns on individualized examinations of death penalty schemes.

Paul W. Trousdale v. Commissioner of Internal Revenue, Marguerite R. Trousdale v. Commissioner of Internal Revenue

219 F.2d 563 · Court of Appeals for the Ninth Circuit · Feb 4, 1955

The petitions for review in this court are based on petitioners’ assertion that it is the established rule that for income tax purposes the sale of a partnership interest in a going concern should be treated as a sale of … What we have said here in no manner qualifies the conceded right of the taxpayer to employ any legal method of doing business he may select for the purpose of avoiding or minimizing taxes.

Corder v. Howard Johnson & Co.

37 F.3d 550 · Court of Appeals for the Ninth Circuit · Oct 7, 1994

At trial, the plaintiff failed to prove that an ERISA plan had been established. … Neither case even discusses the issue of who must bring suit to qualify for attorney’s fees under § 1132(g)(1). Howard Johnson & Co.'

Omar Gay v. Amy Parsons

Court of Appeals for the Ninth Circuit · Jun 22, 2020

“The proponent of a claim to absolute immunity bears the burden of establishing the justification for such immunity.” Antoine, 508 U.S. at 432. … “The presumption is that qualified rather than absolute immunity is sufficient. . . .” Burns v.

Association of Irritated Residents v. U.S. Environmental Protection Agency

790 F.3d 934 · Court of Appeals for the Ninth Circuit · Jun 23, 2015

A minor source is not subject to offset requirements unless the state chooses to establish them as part of the SIP. B. … This court finds that both causation and redressability are established for purposes of this suit and thereby rejects the Intervenors’ challenge.

Harbhajan Singh Johl, AKA Harbhajan Singh v. United States

370 F.2d 174 · Court of Appeals for the Ninth Circuit · Feb 2, 1967

The common understanding of a marriage, which Congress must have had in mind when it made provision for ‘alien spouses’ in the War Brides Act, is that the two parties have undertaken to establish a life together and assume … Lutwak clearly means at least this much: The immigration law, in granting advantages to those who have married American citizens, is not talking about ceremony or legality — the taking of those steps which enable a couple

Alexsey Predybaylo v. County of Sacramento

Court of Appeals for the Ninth Circuit · Aug 10, 2023

“[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violate[] a federal statutory or constitutional right, and (2) the unlawfulness of their conduct [is] ‘clearly established at the time.’” … But clearly established law does not address the situation here, where the pre-trial detainee was arrested for dangerous crimes and appeared to be resisting the Deputies’ collection of evidence.

Connie Hemmings and Patty Lamphiear v. Tidyman's Inc., a Washington Corporation, Connie Hemmings and Patty Lamphiear v. Tidyman's Inc., a Washington Corporation

285 F.3d 1174 · Court of Appeals for the Ninth Circuit · Apr 11, 2002

Trial witnesses testified that Hemmings was well-qualified for the CFO position. … black persons in the labor market (the qualified labor pool) with the percentage of qualified black persons hired in non-cannery positions (the pool actually hired).