Case law

Gloria Lee v. Visiting Nurse Association of Los Angeles, Inc. Yvette Luque

38 F.3d 1218 · Court of Appeals for the Ninth Circuit · Oct 20, 1994

That finding is not clearly erroneous. 11 Lee further contends that the VNA's cost-cutting plan to demote all social workers with less than five years seniority to contract positions was a discriminatory seniority system. … to support Lee's allegation that her supervisors knew that she was willing to perform home visits, or that she would have accepted the same salary as Moore 5 We note, however, that a racially balanced work force cannot immunize

Villafuerte v. Stewart

142 F.3d 1124 · Court of Appeals for the Ninth Circuit · Apr 20, 1998

The claim is clearly procedurally defaulted, and the Arizona Superior Court so held in rejecting the claim on April 1,1998. … viewed in the light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the

Edwin C. Hollenbeck and Kathryn J. Hollenbeck, Wade G. Ellis and Anita l.ellis v. Commissioner of Internal Revenue

422 F.2d 2 · Court of Appeals for the Ninth Circuit · Feb 5, 1970

“Whether advances to a corporation are contributions to capital or loans ‘is essentially a question of fact upon which the taxpayer has the burden of establishing his right to such deduction’ (Matthiessen v. … We hold that the Court’s determination was not clearly erroneous. Commissioner of Internal Revenue v. Duberstein, 363 U.S. 278, 291 , 80 S.Ct. 1190 , 4 L.Ed.2d 1218 (1960).

Fernando Cordero-Garcia v. Merrick Garland

105 F.4th 1168 · Court of Appeals for the Ninth Circuit · Jun 27, 2024

Penal Code § 136.1(b)(1) qualifies as an aggravated felony—an offense “relating to obstruction of justice” for which the term of imprisonment is at least one year under 8 U.S.C. § 1101(a)(43)(S). … GARLAND subsection (b)(1). 4 Rather, we need only determine whether the mens rea required for conviction under CPC § 136.1(b)(1) is broader than that required to establish a violation of § 1101(a)(43)(S).

Etumai Mtoched v. Loretta E. Lynch

786 F.3d 1210 · Court of Appeals for the Ninth Circuit · May 22, 2015

The offense of “purposely causing” bodily injury with a dangerous weapon requires evil intent and thus qualifies as a CIMT. … but who has not submitted an application for adjustment of status.2 When a court reviews a regulation promulgated by an agency charged with administering such a statute, the first question is whether Congress spoke clearly

Nagr v. Jeff Mangan

933 F.3d 1102 · Court of Appeals for the Ninth Circuit · Aug 12, 2019

MANGAN 11 qualifying expenditures. 6 If, however, an incidental committee has terminated all qualifying contribution and expenditure activity for an election cycle, it may file a closing … MANGAN reaffirmed the First Amendment principles established in HLW. 786 F.3d 1182.

Ernest Baker, III v. Odoc

Court of Appeals for the Ninth Circuit · Nov 19, 2020

A The district court correctly concluded that Young is entitled to qualified immunity on Baker’s First Amendment claim for monetary damages. … Baker did not have a clearly established right to receive special Passover meals under the specific circumstances known to Young.

Ahssem Rifai v. United States Parole Commission and Warden, United States Penitentiary, McNeil Island, Washington

586 F.2d 695 · Court of Appeals for the Ninth Circuit · Nov 20, 1978

We held that the agency action was “within the authority well established by court decisions" which permitted the increase in term. … The broad standards enunciated by Congress gave the Commission great discretion, and changes in the emphasis or de-emphasis of parole release considerations within the statutory scheme were clearly authorized.

Inland Empire Waterkeeper v. Corona Clay Co.

17 F.4th 825 · Court of Appeals for the Ninth Circuit · Sep 20, 2021

Indeed, a contrary approach “would have us immunize the entire body of qualitative regulations from an important enforcement tool.” Id. at 989; see also Pac. … IV The qualifying jurisdictional discharge into navigable waters presents a separate problem.

Janice Paul, A/k/a/ Janice Perez v. Watchtower Bible and Tract Society of New York, Inc.

819 F.2d 875 · Court of Appeals for the Ninth Circuit · Jun 10, 1987

Were we able to invoke only clearly established state law, litigants seeking to protect their rights in federal courts by availing themselves of our diversity jurisdiction would face an inhospitable forum for claims not identical … This position is clearly incorrect.

Wold v. Red Lion Inn

105 F.3d 668 · Court of Appeals for the Ninth Circuit · Jan 6, 1997

law enforcement officer is entitled to qualified immunity from civil liability for damages if a reasonable officer could have believed that the conduct was lawful, in light of clearly established law and the information the … (quoting Anderson, 483 U.S. at 641 )). 34 Procedurally, qualified immunity should be decided by the trial court long before trial. Id. at 228.

United States v. Lazy Fc Ranch

481 F.2d 985 · Court of Appeals for the Ninth Circuit · Jul 13, 1973

Accordingly, Lind and the County Committee determined that the partnership could qualify as several producers and thereby partially avoid the payment limitation. … Moreover, the district court rejected the government’s argument that the leases were improper and we cannot say that he was clearly erroneous. 2 .

United States v. Hong Van Nguyen

303 F. App'x 441 · Court of Appeals for the Ninth Circuit · Dec 12, 2008

These facts are sufficient to establish the leadership enhancement. See id. … Further, while Nguyen made general objections that he did not qualify for the two enhancements and did qualify for safety valve adjustment, he did not specifically contest any facts in the Presentence Report (“PSR”).

Beverly Community Hospital Ass'n v. Belshe

132 F.3d 1259 · Court of Appeals for the Ninth Circuit · Dec 2, 1997

It has been established law since nearly the beginning of the republic (as demonstrated by Red Lion Broadcasting Co. v. … Appellees’ arguments that Act § 4714 is new law, despite Congress’ unambiguous title for that section, cannot override that deference, because those arguments incorrectly presume a clearly established meaning for Section

Delfina Soto-Soto v. Merrick Garland

1 F.4th 655 · Court of Appeals for the Ninth Circuit · Jun 11, 2021

Reviewed under the proper standard of review, the majority concluded that the IJ’s decision was not clearly erroneous, and that the record compelled the conclusion that Soto-Soto met her burden of proof to establish that … Reviewed under the proper standard of review, the IJ’s factual findings were not clearly erroneous.

Dillon v. United States

792 F.2d 849 · Court of Appeals for the Ninth Circuit · Jun 19, 1986

Can the fair rental value of the land be allocated to "income derived directly from the land," to qualify for exemption under the Capoeman rule? … Neither statute creates an income tax exemption not otherwise expressly established by treaty.

United States v. Fidel Barragan Vargas, Joel Victor Angulo, Felizardo Perez Casarez, Octavio Galvez Angulo, and Jaime Limon, United States of America, Cross-Appellant v. Fidel Barragan Vargas, Joel Victor Angulo, Octavio Galvez Angulo, and Jaime Limon, Cross-Appellees

933 F.2d 701 · Court of Appeals for the Ninth Circuit · Jun 7, 1991

In addition, the court granted Ramirez immunity and appointed a local attorney to advise him. … Now, we've got a problem here because the answer yesterday was "the one next to the young girl," and clearly he didn't identify that same person today. 37 MR.

Committee of Central American Refugees ("Comite De Refugiados Centro-Americanos" or "Crece"), Political Asylum Emergency Representation Program v. Immigration and Naturalization Service, Meese, Edwin R., as Attorney General of the United States, Nelson, Alan C., as Commissioner of the Immigration and Naturalization Service, and Ilchert, David, as Director of the S.F. District of Ins, Committee of Central American Refugees v. Immigration and Naturalization Service

795 F.2d 1434 · Court of Appeals for the Ninth Circuit · Jul 31, 1986

The key factor present in each of these cases showing a constitutional deprivation is the existence of an established, on-going attorney-client relationship. 25 Appellants have failed to establish that under existing law, … Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference." 31 In Hampton v.

The Crow Tribe of Indians Forest Horn, a Member of the Crow Tribe and Chairman of Crow Tribal Council Ted Hogan, a Member of the Crow Tribe and Secretary of the Crow Tribal Council Jiggs Yellowtail, a Member of the Crow Tribe Barney Old Coyote, a Member of the Crow Tribe, United States of America, Plaintiff-Intervenor v. State of Montana, the Crow Tribe of Indians, and United States of America, Plaintiff-Intervenor-Appellant v. The State of Montana, and Westmoreland Westmoreland, Westmoreland Resources, Inc., Defendant-Intervenor-Appellee

819 F.2d 895 · Court of Appeals for the Ninth Circuit · Jun 11, 1987

The district court's legal conclusions deviate from this court's 1981 opinion and misapply recent Supreme Court cases that establish the relevant preemption analysis. … Id. at 1093 . 32 Clearly, this case resembles Cabazon more than it does Colville. The coal is the Tribe's property, a natural resource.

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.