Case law

Vincent v. Hughes Air West, Inc.

557 F.2d 759 · Court of Appeals for the Ninth Circuit · Jun 16, 1977

. *767 The evidence in the record establishes that Demanes’ clients settled in July 1972. … Some of these elements are clearly satisfied in this case.

Jorge Santana-Figueroa v. Immigration and Naturalization Service

644 F.2d 1354 · Court of Appeals for the Ninth Circuit · May 19, 1981

To qualify for relief, the alien must establish continuous physical presence in the United States for seven years, good moral character, and extreme hardship to himself or to a spouse, parent, or child who is a citizen or … It may be that younger, able-bodied aliens would need to present other evidence, but the petitioner’s allegations clearly warrant consideration. 9 .

Ruta Marie Kahn v. Immigration and Naturalization Service

36 F.3d 1412 · Court of Appeals for the Ninth Circuit · Sep 28, 1994

Where marriage is relevant to gaining admittance to the United States, for instance, the INA defines a “qualifying marriage” as one which “was entered into in accordance with the laws of the place where the marriage took … Nonetheless, it was clearly a significant one.

James Nelson Blair v. E. Gums, Correctional Officer

127 F.3d 1104 · Court of Appeals for the Ninth Circuit · Oct 24, 1997

. § 1291 , and we affirm. 3 We agree with the district court that the law as to approved vendors and publisher-only requirements with respect to soft-cover books is not clearly established. See Keenan v. … Accordingly, we agree with the district court's conclusion that Defendant Gums was entitled to qualified immunity.

Rosson v. Fitzgerald (In Re Rosson)

545 F.3d 764 · Court of Appeals for the Ninth Circuit · Sep 24, 2008

The bankruptcy court did not clearly err in finding bad-faith conduct here. … Here, the different formulations are not dispositive; the important point established by Manama is that even otherwise unqualified rights in the debtor are subject to limitation by the bankruptcy court's power *774 under

Immigrant Assistance Project Of The Los Angeles County Federation Of Labor v. Immigration And Naturalization Service

306 F.3d 842 · Court of Appeals for the Ninth Circuit · Sep 24, 2002

To meet this requirement, these students had to "produce[ ] documentation from a school ... which establishes that the said school forwarded to the [INS] a report that clearly indicated the applicant had violated his or her … that the said school forwarded to the [INS] a report that clearly indicated the applicant had violated his or her nonimmigrant student status prior to January 1, 1982." 8 C.F.R. § 245a.1(d)(4).

United States v. Reginald Edwards

761 F.3d 977 · Court of Appeals for the Ninth Circuit · Jul 31, 2014

It is now clearly established that “under appropriate circumstances, an anonymous tip can demonstrate ‘sufficient indicia of reliability to provide reasonable suspicion to make [an] investigative stop.’” Id. … Ct. at 1689–90 (“A 911 call has some features that allow for identifying and tracing callers, and thus provide some safeguards against making false reports with immunity. . . .

DJB Holding Corp. v. Commissioner

803 F.3d 1014 · Court of Appeals for the Ninth Circuit · Oct 7, 2015

Daren Barone and Gregory Watkins drew upon their experience in asbestos removal to establish a successful environmental remediation company, Watkins Contracting, Inc. (“WCI”). … Reliance on professional advice may establish reasonable cause and good *1030 faith. Treas. Reg. § 1.6664 ^4(b)(l).

Rahinah Ibrahim v. US Dept. of Homeland Security

912 F.3d 1147 · Court of Appeals for the Ninth Circuit · Jan 2, 2019

To establish substantial justification, the government need not establish that it was correct or “justified to a high degree”—indeed, since the movant is established as a prevailing party it could never do so—but only that … We understand these concerns, but we think that Congress clearly contemplated the denial of attorneys’ fees even where some of the litigation conduct was unjustified when it used the qualifying term “substantial” rather than

United States v. Jerald Lee Sims

617 F.2d 1371 · Court of Appeals for the Ninth Circuit · Apr 30, 1980

First, he argues that Ro-mansky’s statement in the report was.not hearsay since it was not offered to prove the truth of the statement. 6 Second, he repeats his argument about the report qualifying as a business record. 7 … Colvin, 479 F.2d 998, 1003 (9th Cir. 1973). 10 Romansky’s statement in the FBI report was clearly of the type which this court held inadmissible in Colvin, supra. See Hill v.

Port Angeles Western R. v. Tomas

36 F.2d 210 · Court of Appeals for the Ninth Circuit · Nov 25, 1929

Appellant asserts two propositions: First, that the evidence was insufficient to establish any negligence upon its part; and, second, that appellee assumed the risk. … True, as a witness for appellant, the foreman put in a denial to a part of this testimony and sought to qualify other parts.

James Gaines v. Ron Davis

601 F. App'x 503 · Court of Appeals for the Ninth Circuit · Apr 28, 2015

Instead, he contends that this request was "subsumed in his request for judicial immunity" for Wright. … The California Court of Appeal did not unreasonably apply clearly established federal law, 28 U.S.C. § 2254(d)(1), when it held that Wright’s statement was not crucial evidence and that due process did not require its

United States v. Antonio Blackstone

903 F.3d 1020 · Court of Appeals for the Ninth Circuit · Sep 12, 2018

Ct. at 2557–58; see also id. at 2556 (“Our cases establish that the Government violates [the Fifth Amendment] by taking away someone’s life, liberty, or property under a criminal law so vague that it fails to give ordinary … Jackson, 569 U.S. 505, 512 (2013) (“By framing our precedents at such a high level of generality, a lower federal court could transform even the most imaginative extension of existing case law into ‘clearly established Federal

Thompson v. Runnels

657 F.3d 784 · Court of Appeals for the Ninth Circuit · Jun 9, 2011

that the panel held that Seibert was clearly established Federal law. … We should have taken this case en banc to clarify that “clearly *788 established Federal law” is determined at the time the state court issues its decision. 4 2.

Alvy R. Harper v. San Diego Transit Corporation San Diego Afl-Cio Bus Drivers Local Division 1309 of the Amalgamated Transit Union

764 F.2d 663 · Court of Appeals for the Ninth Circuit · Jun 25, 1985

. § 1441 (a) only if it could have been brought there originally, that is, if “ ‘a right or immunity created by the Constitution or laws of the United States ... … If the complaint had not clearly pled violation of the just cause requirement of the collective bargaining agreement, the result might have been different. IV.

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”).

Port of Pasco, a Municipal Corporation v. Pacific Inland Navigation Company, Inc.

324 F.2d 593 · Court of Appeals for the Ninth Circuit · Oct 28, 1963

Coast Guard as tankermen qualified to handle gasoline products; stated that both before and after the installation of the new circuit breaker switch, Oldfield and Bunce visually inspected the exterior or exposed portion of … Appellant’s second main argument on this appeal is that the finding of the district court that liability should be limited is clearly erroneous as a matter of fact.

20 Fair empl.prac.cas. 52, 20 Empl. Prac. Dec. P 30,036 Equal Employment Opportunity Commission v. General Telephone Company of the Northwest, Inc., and West Coast Telephone Company of California, Inc., Local Union No. 89, International Brotherhood of Electrical Workers

599 F.2d 322 · Court of Appeals for the Ninth Circuit · Jun 27, 1979

There is no indication in the statute itself that the Commission must qualify as a class representative when it sues on behalf of a class. … The Court in the majority opinion clearly recognizes a distinction between actions instituted by the EEOC and private class actions by complainants 18 See also EEOC v.

John Hahn, Wade Liggett, Joseph Aizawa v. Oregon Physicians Service, John Hahn v. G. Livingstone, Hige Aizawa v. Josephine M. Driscoll, Acting Insurance Commissioner of the State of Oregon, Lawrence Helton, David Hoyal, Wade Liggett v. Rogue Valley Physicians' Service, Lawrence Helton, David Hoyal v. Greater Oregon Health Services

689 F.2d 840 · Court of Appeals for the Ninth Circuit · Oct 5, 1982

A secondary purpose is to give insurance companies limited immunity from antitrust laws. See Group Life & Health Ins. Co. v. Royal Drug Co., 440 U.S. 205 , 218 & n.18, 99 S.Ct. 1067 , 1077 & n.18, 59 L.Ed.2d 261 (1979). … To qualify for an exemption from the federal antitrust laws, the anticompetitive practices 1) must be part of the "business of insurance," 2) must be regulated by state law, and 3) may not take the form of coercion, intimidation

Carnation Company, a Corporation v. Pacific Westbound Conference, Far East Conference and the Federal Maritime Commission

336 F.2d 650 · Court of Appeals for the Ninth Circuit · Sep 28, 1964

The Act lists many standards whose application requires more than ordinary familiarity with ocean transportation. 20 Thus it seems appropriate to say that the Commission is the body most qualified to decide what agreements … Because of these circumstances the case clearly differed from that court’s River Plate decision, which it did not even cite; and, for the same reason, it differs from the present case where the authority of the Maritime Commission