Case law

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.

Center For Biological Diversity v. United States Fish & Wildlife Service

450 F.3d 930 · Court of Appeals for the Ninth Circuit · Jun 5, 2006

UNITED STATES FISH & WILDLIFE SERVICE, Defendant-Appellee, Cemex Inc., a Louisiana Corporation qualified to do business in California f/k/a Southdown Inc. d/b/a Transit Mixed Concrete (TMC), Defendant-Intervenor-Appellee. … The present case is clearly distinguishable. We have a concrete application of the ESA, and we may properly view the statute in light of that application.

United States v. Sheldon King

985 F.3d 702 · Court of Appeals for the Ninth Circuit · Jan 14, 2021

As stated, King was reported to have received and concealed a firearm for another person; that establishes “a fair probability” that King “owned [or possessed] other firearms.” Id. … Indeed, in the decision reversing our qualified immunity holding in Millender, the Court held that fewer facts—the possession and use of a gun by a gang-affiliated suspect in an assault investigation—was enough to justify

UNITED STATES of America, Plaintiff-Appellee, v. Francisco SOLANO-GODINES, Defendant-Appellant

120 F.3d 957 · Court of Appeals for the Ninth Circuit · Jul 21, 1997

Did the District Court Clearly Err in Finding that Solano Obstructed Justice Under USSG § SCl.l? … The district court’s finding that Solano’s conduct warranted a two-level enhancement under Sentencing Guideline § 3C1.1 for obstruction of justice was clearly erroneous.

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

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

Stephen Tornay, Galene Tornay v. United States of America A.R. Demeter, Special Agent, Internal Revenue Service

840 F.2d 1424 · Court of Appeals for the Ninth Circuit · Feb 22, 1988

The IRS sought to establish tax liability on a net worth, net expenditure basis. … The privilege is not to immunize a client from liability stemming from expenditures for legal services.

Delaware Valley Surgical Supply Inc. v. Johnson & Johnson

523 F.3d 1116 · Court of Appeals for the Ninth Circuit · Apr 30, 2008

However, Supreme Court jurisprudence has been neither vague nor ambiguous in establishing the direct purchaser rule. … The direct purchaser rule is a clearly established tenet of antitrust law and this case falls within its mandate. C.

Kho v. Immigration & Naturalization Service

62 F. App'x 785 · Court of Appeals for the Ninth Circuit · Apr 9, 2003

We hold that Kho qualifies for asylum because he has a well-founded fear of future persecution on account of political opinion. A. “On account of’ political opinion. … Clearly, the danger to Kho was not diminishing with time.

Jill Coffman v. Queen of the Valley Med Center

895 F.3d 717 · Court of Appeals for the Ninth Circuit · Jul 16, 2018

The court squarely rejected QVMC’s position that an injunction in this case would unfairly insulate the Union’s certification from judicial review, stating that “a technical refusal defense ‘does not immunize the employer … “The district court abuses its discretion if it relies on a clearly erroneous finding of fact or an erroneous legal standard.” Id. I.

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

United States v. William D. Davis, United States of America v. Curry James Williams

36 F.3d 1424 · Court of Appeals for the Ninth Circuit · Sep 29, 1994

The record clearly supports a finding that Davis was not entitled to a downward adjustment. … A district court’s finding that a defendant does not qualify for minor or minimal participant status is heavily dependent on the facts of the particular case, and we uphold such a finding unless it is clearly erroneous.

Speed Shore Corporation v. John Denda D/B/A Denda Equipment and Supply Company, and Stemar Equipment and Supply Company, Speed Shore Corporation v. Woudenberg Enterprises, Inc., D/B/A Star-Lite Barricade and Sign Company

605 F.2d 469 · Court of Appeals for the Ninth Circuit · Oct 1, 1979

that the Brunton patent is valid and non-obvious within the meaning of 35 U.S.C. § 103 is supported by ample evidence. 5 8 The arguments made by the defendants, on the other hand, are unpersuasive, and fall far short of establishing … But a patent affords no immunity for a monopoly not within the grant (citations omitted), and the use of it to suppress competition in the sale of an unpatented article may deprive the patentee of the aid of a court of equity

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”).

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.

United States v. Espinoza-Cano

Court of Appeals for the Ninth Circuit · Aug 7, 2006

We examine whether the district court, in deter- mining if a prior conviction qualifies as an aggravated felony, may properly consider, in light of Shepard v. … It is a long-established principle of stat- utory construction that similar statutory language should be construed similarly. Northcross v.

May v. Bonta

Court of Appeals for the Ninth Circuit · Sep 6, 2024

that is open to the public, unless the operator of the establishment clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that licenseholders are permitted to carry firearms … Establishments serving alcohol have existed since the Founding. In determining whether a place that serves alcohol qualifies as a “sensitive place,” we find relevant three sets of historical regulations.

Washington State Building & Construction Trades Council v. Spellman

684 F.2d 627 · Court of Appeals for the Ninth Circuit · Aug 17, 1982

Further, 383 fails to qualify under either the market participant or quarantine theory exceptions to the Commerce Clause. … That legislative effort is clearly impermissible under the Commerce Clause of the Constitution.” Id. at 629, 98 S.Ct. at 2538.

United States v. Robert William Gilley, United States of America v. Benjamin Louis Rodriguez

836 F.2d 1206 · Court of Appeals for the Ninth Circuit · Jan 11, 1988

As with any illegal gambling business, Gilley’s operation was not immune from debtors. … Under circumstances such as these, where the indictment charges the operation of an illegal gambling business ranging over a one and a half year period and the evidence does not clearly establish the dates of involvement

Navajo Nation v. Department of Health & Human Services, Secretary

285 F.3d 864 · Court of Appeals for the Ninth Circuit · Apr 8, 2002

Congress very clearly delegated administrative authority over the ISDEAA to both HHS and Interior. … It merely establishes that such an interpretation is one of many reasonable interpretations of the statute.