Case law

Jeffrey Benko v. Quality Loan Service Corp.

789 F.3d 1111 · Court of Appeals for the Ninth Circuit · Jun 18, 2015

These three conditions are clearly met in the present case. … The Plaintiffs have met their burden to show that this case qualifies for the “local controversy exception.”

David J. Gallo, Movant-Appellant v. United States District Court for the District of Arizona, Real Party in Interest-Appellee

349 F.3d 1169 · Court of Appeals for the Ninth Circuit · Dec 9, 2003

“To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … Moreover, he may qualify for general admission by joining the State Bar of Arizona or by appearing on a pro hac vice basis.

United States v. Premo

470 F.3d 914 · Court of Appeals for the Ninth Circuit · Dec 13, 2006

PREMO is consistent with A-1 Ambulance, and accomplishes the goals of the jurisdictional bar.5 [8] The allegations upon which Bly-Magee’s present law- suit is based are clearly set forth in the State Auditor’s report, … [9] For the same reasons that Bly-Magee failed to establish that she was an original source of the disclosure in Bly-Magee II, she failed to establish that she was an original source of the information in the State Auditor

United States v. Travers

92 F. App'x 489 · Court of Appeals for the Ninth Circuit · Mar 16, 2004

To qualify for an “advice of counsel” instruction, a defendant must show that he made full disclosure to an attorney of all material facts, and that he relied in good faith on a specific course of conduct recommended by the … Although Travers’ testimony established that he had “been introduced” to the lawyer who had allegedly approved the legality of the script Travers used in making telephone sales to Medco customers, the testimony did not establish

Planned Parenthood Of Southern Nevada, Inc. v. Clark County School District

941 F.2d 817 · Court of Appeals for the Ninth Circuit · Aug 5, 1991

Suppose a school board that has made its auditorium available to the public clearly expresses its intent to control the auditorium's content. … The statute states in part: 1 The board of trustees of a school district shall establish a course or unit of a course of: (a) Factual instruction concerning acquired immune deficiency syndrome; and (b) Instruction on the

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.

Anderson v. Holder

673 F.3d 1089 · Court of Appeals for the Ninth Circuit · Mar 12, 2012

Nonetheless, § 1252(b)(5) clearly provides for review of such orders. See Theagene v. … Because Gitelman is undisputably Anderson’s father, Anderson clearly meets each of the requirements of Former § 1401(a)(7).

Old Person v. Brown

312 F.3d 1036 · Court of Appeals for the Ninth Circuit · Dec 4, 2002

Concluding that the district court did not clearly err in determining that the totality of circumstances did not establish vote dilution in the districts where plaintiffs resided, we affirm on that ground. 2 * The four Indian … the minority or when a grossly inferior candidate from the minority was defeated by a much better qualified candidate from the majority.

United States v. Stinson

647 F.3d 1196 · Court of Appeals for the Ninth Circuit · Aug 5, 2011

Under this framework, the district court did not clearly err. … In sum, the district court did not clearly err in rejecting the two Batson challenges.

Delange v. Dutra Construction Co.

153 F.3d 1055 · Court of Appeals for the Ninth Circuit · Sep 1, 1998

We must first consider whether the barge qualifies as a “vessel in navigation.” … Although Delange was not a Jones Act seaman, he clearly was' a maritime employee covered by the LHWCA.

United States v. Jordon Simmons

Court of Appeals for the Ninth Circuit · Apr 3, 2015

More than sixty municipal initiatives qualified for the ballot during calendar years 2009–2010, the time period during which the plaintiffs sought to qualify Proposition G for the ballot. … The plaintiffs fail to establish any such probability of a “bona fide threat of harassment or retaliation.” Family PAC, 685 F.3d at 807.

Helen Romero v. Nevada Dept. of Corrections

673 F. App'x 641 · Court of Appeals for the Ninth Circuit · Dec 8, 2016

Moreover, even if it were a constitutional violation for Officer Howes to handcuff Beltran in his cell while leaving Potter unrestrained, as Romero argues, this fact was not “clearly established” at the time of the incident … Officer Howes is therefore entitled to qualified immunity, and the district court’s grant of summary judgment in his favor was not error. C.

United States v. Cordoba

104 F.3d 225 · Court of Appeals for the Ninth Circuit · Jan 7, 1997

Our conclusion does not preclude the admission of such testimony when the proffering party satisfies the standard established in Daubert by showing that the expert opinion is based upon “scientific knowledge” which is both … The expert testimony that drug traffickers do not use unknowing transporters was clearly probative of Cordoba’s knowledge that he possessed narcotics. See United States v.

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.

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.

United States v. Blitz

151 F.3d 1002 · Court of Appeals for the Ninth Circuit · Aug 6, 1998

And the evidence at trial clearly established that Hall knowingly participated in Nortay’s fraudulent activity with intent to defraud Nortay’s customers. His own lies were legion. … The district court found that the whole scheme .was a frauc[ from start to finish, and that finding was not clearly erroneous.

Epic Games, Inc. v. Apple, Inc.

67 F.4th 946 · Court of Appeals for the Ninth Circuit · Apr 24, 2023

Nor did the district court clearly err in finding that Epic otherwise failed to establish a lack of awareness. … Applying the Rule of Reason to the tie involved here, it is clearly lawful.

Idaho Power Company v. Federal Energy Regulatory Commission

767 F.2d 1359 · Court of Appeals for the Ninth Circuit · Aug 7, 1985

. § 824a-3, requires electric utilities to purchase power from qualifying small (under 80 megawatts, see id. § 796(17)(a)(ii)) power production facilities. … In this case, FERC’s interpretation is not only clearly reasonable, see Udall v.

Redwood Empire Savings & Loan Association v. Commissioner of Internal Revenue

628 F.2d 516 · Court of Appeals for the Ninth Circuit · Oct 7, 1980

This finding is not clearly erroneous. … Moreover, it does not appear that Redwood developed the factual basis to establish a section 165(a) deduction. See, e. g., Zaccaria v. Commissioner, 20 T.C.M. 478 (1961).

Patricia Blackburn v. Wa Dept of Social & Health Svc

Court of Appeals for the Ninth Circuit · Aug 31, 2015

The individual defendants are entitled to qualified immunity with respect to Plaintiffs’ equal protection claims under 42 U.S.C. § 1983 because, at the time they acted, it would not have been clear to a reasonable official … Hughes, 313 F.3d 506, 514 (9th Cir. 2002) (explaining that the qualified immunity standard “allows ample room for reasonable error on the part of the official,” including “mistakes of fact and mistakes of law” (brackets omitted