Case law

Lynn v. Regents of the University of California

656 F.2d 1337 · Court of Appeals for the Ninth Circuit · Sep 21, 1981

The district court clearly erred in concluding that Lynn failed to establish a prima facie case of discrimination based on sex. “The burden of establishing a prima facie case is not onerous.” … Evidence is not necessarily submitted solely to establish a prima facie case or to show pretext or discriminatory application; it may be used, when relevant, to establish either of plaintiffs steps in the McDonnell Douglas

A. CLARK V. SHIRLEY WEBER

Court of Appeals for the Ninth Circuit · Nov 29, 2022

Because § 15(c) imposes only a non-severe burden on the right to vote, it is constitutionally valid so long as California establishes that it serves an important government interest. See Burdick, 504 U.S. at 434. … Clark did not clearly link his arguments concerning Proposition 14 to any alleged violation of the federal Constitution in either his complaint or the briefing below.

Diggs v. United States

220 F. 545 · Court of Appeals for the Ninth Circuit · Mar 18, 1915

Many other cases may be cited to the same effect, and the text-books adopt the rule thus expressed as established by a uniform line of decisions. … Ordinarily the exercise of that discretion will not be reviewed in an appellate court, unless the invective is so palpably improper that it may be seen to have been clearly injurious.”

United States v. Estate Preservation Services

202 F.3d 1093 · Court of Appeals for the Ninth Circuit · Jan 25, 2000

The district court did not clearly err in drawing this conclusion. 9 B. … He appears to have relied upon a “lengthy and weighty” legal opinion by established experts in the field. Id.

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.

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.

United States v. Freeman Baxley

982 F.2d 1265 · Court of Appeals for the Ninth Circuit · Dec 9, 1992

. § 751 (a); and, second, that the evidence at his trial was insufficient to establish beyond a reasonable doubt that he “willfully” escaped. … Rison, 895 F.2d 533 (9th Cir.1990), in which we held that forced residence in a halfway house qualified as custody for purposes of providing a defendant with credit for time served awaiting trial.

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.

Wright v. Blank

20 F.2d 591 · Court of Appeals for the Ninth Circuit · Jul 1, 1927

The matter was referred, and in due time Herman Blank was elected and qualified as trustee. . The appellant, W. I. … was without power to permit the filing of the supplemental or second petition after the expiration of the period prescribed in the original order, it is necessary only to say that- under the circumstances it was a matter clearly

United States v. Rodriguez-Lara

Court of Appeals for the Ninth Circuit · Aug 26, 2005

Names from the master jury wheel are drawn randomly as necessary to fill the qualified jury wheel (which consists of the names of individuals eligible for jury service and not exempt or excused); names from the qualified … Rodri- guez’s claim clearly satisfies the first prong of Duren. Hispan- ics have long been recognized as a “distinctive” group in the community. See United States 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.

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.

Zohrabyan v. Holder

319 F. App'x 672 · Court of Appeals for the Ninth Circuit · Mar 18, 2009

Clearly that finding is supported by substantial evidence and will not be disturbed. … The Secretary of Homeland Security or the Attorney General may grant asylum to any person who qualifies as a “refugee.” 8 U.S.C. § 1158 (b)(1)(A).

Zohrabyan v. Holder

319 F. App'x 672 · Court of Appeals for the Ninth Circuit · Mar 18, 2009

Clearly that finding is supported by substantial evidence and will not be disturbed. … The Secretary of Homeland Security or the Attorney General may grant asylum to any person who qualifies as a “refugee.” 8 U.S.C. § 1158 (b)(1)(A).

Estate of Daisy F. Christ, Deceased, Robert Johnson Christ v. Commissioner of Internal Revenue

480 F.2d 171 · Court of Appeals for the Ninth Circuit · May 9, 1973

The taxpayer agrees that *173 this is the correct standard, but urges that the Tax Court either made an error of law or was “clearly erroneous” in finding the facts. There was no error. … The Tax Court rejected the testimony of the expert because the expert was not qualified with respect to the property in question at the relevant times.

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 .

CAL. ALLIANCE OF CHILD AND FAMILY SERV. v. Allenby

589 F.3d 1017 · Court of Appeals for the Ninth Circuit · Dec 14, 2009

A group home's RCL is based on "the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established," Cal. … Rather, because the State Plan requires annual CNI adjustments and California clearly has not fully complied with that requirement (or obtained relief from that obligation), reversal can and should be based on that ground

Augustine Ponce v. Construction Laborers Pension Trust for Southern California, Lee W. Harrison v. Construction Laborers Pension Trust for Southern California

774 F.2d 1401 · Court of Appeals for the Ninth Circuit · Oct 25, 1985

That judgment is not clearly erroneous and thus is not vulnerable to reversal. See W.S. Shamban & Co. v. … CLPT's goal of providing sufficient incentive to qualified employees to reduce employee turnover. 28 Ponce, 582 F.Supp. at 1318 .

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.

Bedoni v. Navajo-Hopi Indian Relocation Commission

878 F.2d 1119 · Court of Appeals for the Ninth Circuit · Jun 20, 1989

On internal administrative appeal, Darrell’s contacts were described as “so tangential as to be ephemeral” and “clearly recreational and social.” … The applicant must also qualify as a resident as a threshold matter. See NHIRC Management Manual § 206.6.