Case law

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

Naruto v. David Slater

888 F.3d 418 · Court of Appeals for the Ninth Circuit · Apr 23, 2018

SLATER 21 The Supreme Court was explicit: The burden is on the “next friend” clearly to establish the propriety of his status and thereby justify the jurisdiction of the court … The Supreme Court also clearly held that any purported next friend bears the burden “clearly to establish the propriety of his status and thereby justify the jurisdiction of the court.”

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.

County of Santa Clara v. Astra USA, Inc.

588 F.3d 1237 · Court of Appeals for the Ninth Circuit · Aug 27, 2008

We are therefore persuaded that the PPA, on its face, was clearly intended to benefit the covered entities directly. … The PPA establishes different discounts for other classes of drugs that are not relevant here. See PPA §§ II(b)-(c). 5 .

United States v. Walter David Tallmadge

829 F.2d 767 · Court of Appeals for the Ninth Circuit · Oct 1, 1987

An Ohio immunity statute deprived them of the protection of the privilege against self-incrimination. Id. The Supreme Court reversed the convictions. … Lansing, 424 F.2d 225, 227 (9th Cir.1970) (to establish the defense of official misleading, the defendant must establish “that his reliance on the misleading information was reasonable — in the sense that a person sincerely

Paul BAKER; Heidi Baker, Plaintiffs-Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellee

143 F.3d 1260 · Court of Appeals for the Ninth Circuit · May 12, 1998

The first paragraph stipulates that [i]n no event shall the vehicle be used, operated or driven by any person other than the Customer or a qualified licensed driver at least 21 years of age who has Customer’s advance permission … Nor does the failure of the California courts to clearly define the “within the scope of permission” language in Cal.

Eric Mann v. Charles Ryan

774 F.3d 1203 · Court of Appeals for the Ninth Circuit · Dec 29, 2014

have been different,” the state court’s decision is “contrary to” clearly established federal law and “a federal court will be unconstrained by § 2254(d)(1).” … The state court’s application of the wrong standard renders its decision “contrary to” clearly established federal law and removes AEDPA as a bar to relief. See Lafler v. Cooper, 132 S.

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 .

Ladonna Seachris v. Brady-Hamilton Stevedore Co.

994 F.3d 1066 · Court of Appeals for the Ninth Circuit · Apr 19, 2021

Yet the ALJ relied on the market rates paid in these practice areas to establish Robinowitz’s hourly rate. … The BRB clearly erred in accepting that assertion at face value, and a remand is necessary so that the proper percentile rating can be reexamined afresh. 6.

Escamilla v. City of Santa Ana

796 F.2d 266 · Court of Appeals for the Ninth Circuit · Jul 31, 1986

The Fourth Circuit explained: 22 The constitutional right that we asserted [in previous cases] could arise was clearly based on the fourteenth amendment, but the shape and definition that we gave to that right by using the … Recognizing that the fourteenth amendment could not be read to establish a general affirmative duty to the public at large, we chose to limit that duty by applying a rationale similar to that used in Estelle: namely, that

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

Hoonah Indian Ass'n v. Morrison

170 F.3d 1223 · Court of Appeals for the Ninth Circuit · Mar 24, 1999

The words following the comma qualify and explain the statutory term “necessary.” … The Supreme Court has instructed us emphatically, in an earlier reversal, that “Con *1228 gress clearly did not” subordinate all other uses to subsistence uses: Congress clearly did not state in ANILCA that subsistence uses

Milton Lewis v. Robert Ayers

681 F.3d 992 · Court of Appeals for the Ninth Circuit · May 30, 2012

All three requirements must be satis- fied to qualify as a collateral order for the purpose of appeal. Cordoza v. Pac. States Steel Corp., 320 F.3d 989, 997 (9th Cir. 2003). … In Bauman, we established five guidelines to determine whether mandamus is appropriate in a given case: (1) whether the petitioner has no other means, such as a direct appeal, to obtain the desired relief; (2) whether the

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.

Pickens v. Merriam

242 F. 363 · Court of Appeals for the Ninth Circuit · May 21, 1917

rales of pleading and evidence, ‘and especially must there be distinct averments as to the time when the fraud, mistake, concealment, or misrepresentation was discovered, and what the discovery is, so that the court may clearly … Glover has often been cited by this court, hut has never been doubted or qualified.” In Traer v. Clews, 115 U. S. 528 , 6 Sup. Ct. 155, 29 L. Ed. 467 , the same question was again before the Supreme Court.

United States v. Oscar Ordonez, German Hernandez-Garcia, AKA Jaime Rivera

722 F.2d 530 · Court of Appeals for the Ninth Circuit · Dec 23, 1983

The use of this evidence clearly violated the first prong of the test set forth in Ohio v. Roberts. … These facts must be shown by the testimony of the custodian or other qualified witness.

Paccar, Inc. And Subsidiaries v. Commissioner Internal Revenue Service

849 F.2d 393 · Court of Appeals for the Ninth Circuit · Jun 9, 1988

The court stated, “it would be high irony to find that the defendants here are immune to prosecution for their scheme because they never wrote it down. … Therefore, the method of compensation does not establish ownership of the inventory.

Shea v. United States

260 F. 807 · Court of Appeals for the Ninth Circuit · Oct 6, 1919

Valdez en route to Cordova within the next 12 hours, and there will probably not be another steamer for a week or more; also, in connection with the matter of expense, I call your attention to the difficulty of getting qualified … The affidavits failed to state that the facts so sought to be proved could not be established by other witnesses procurable at or near the place of trial, and in fact the substance of *832 what he stated would, be proven

Marty Emmons v. City of Escondido

Court of Appeals for the Ninth Circuit · Mar 29, 2018

Accordingly, as to Defendants Craig and Toth, the district court erred in granting qualified immunity on Mr. Emmons’ excessive force claim. … Accordingly, as to Defendants Craig and Toth, the district court erred in granting qualified immunity on Mr. Emmons’ excessive force claim.

Stanger v. Vernon

129 F.3d 127 · Court of Appeals for the Ninth Circuit · Nov 7, 1997

Stanger's right to be free from deliberate indifference to his serious medical needs was clearly established during the time defendants denied his requests for proper footwear. See Estelle, 429 U.S. at 104-05 . … Stanger did not waive his objection to the magistrate judge's qualified immunity ruling.