Case law

Alaska Right to Life Committee v. Brooke Miles Andrea Jacobson Larry Wood Mark Handley John Dapcevich Sheila Allaghaer

441 F.3d 773 · Court of Appeals for the Ninth Circuit · Mar 22, 2006

All entities not qualifying as “groups” were banned from making such independent expenditures. In 1999, the Supreme Court of Alaska upheld most of SB 191 in AKCLU. … Under the federal law, the communication must identify a candidate “clearly.”

Sidell T. PIRUS, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of HHS, Defendant-Appellant

869 F.2d 536 · Court of Appeals for the Ninth Circuit · Mar 9, 1989

The “special factor” suggested by Congress as an example— “the limited availability of qualified attorneys for the proceedings involved” — received considerable attention. … We cannot say that these findings were clearly erroneous, nor that it was an abuse of discretion for the district judge, on the basis of these findings, to award fees in excess of the statutory cap. 8 Since we affirm the

Anna Hood Lynn Hood Richard Hood v. Encinitas Union School District and Does 1-10

482 F.3d 1175 · Court of Appeals for the Ninth Circuit · Apr 9, 2007

Based on these deficiencies, the hearing officer determined that the district had met its burden of proving IDEA compliance because the evidence did not establish that Anna met the eligibility criteria for possessing any … that Anna did not qualify for special education due to an "other health impairment."

Keller Foundation/case Fndn v. Joseph Tracy

696 F.3d 835 · Court of Appeals for the Ninth Circuit · Sep 20, 2012

The Court established “an appropriate rule of thumb for the ordinary case,” namely that “[a] worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify as a seaman … Tracy was an experienced seaman whose connection to the Iroquois as barge foreman was established from the beginning of his employment.

Danilo Mairena v. William Barr

917 F.3d 1119 · Court of Appeals for the Ninth Circuit · Mar 7, 2019

err in determining that Mairena failed to establish that he would more likely than not be tortured if he returned to Nicaragua. … Corona-Sanchez, 291 F.3d 1201, 1208–09 (9th Cir. 2002) (en banc) (in determining whether a conviction categorically qualifies as an aggravated felony because it is an offense “for which the term of imprisonment [is] at least

United States v. Guadalupe Javier Heredia-Fernandez

756 F.2d 1412 · Court of Appeals for the Ninth Circuit · Apr 2, 1985

But surely Heredia’s statements in English — a language in which he clearly was competent — fliarh'S'Trridersl^'d the Spanish document, were probative of his ability to understand Spanish as well. … “The Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner.” United States v.

Punikaia v. Clark

720 F.2d 564 · Court of Appeals for the Ninth Circuit · Sep 7, 1983

These interpretations of state law are not clearly wrong. … Even assuming that the patients qualify as third-party beneficiaries, their argument fails.

Boose v. TRI-COUNTY METRO. TRANSP. DIST. OF OREGON

587 F.3d 997 · Court of Appeals for the Ninth Circuit · Nov 23, 2009

These regulations must establish, inter alia, “minimum service criteria for determining the level of services to be required under this section.” Id. § 12143(c)(3). … However, because this regulation also uses the qualifying term “applicable,” it does not purport to extend the reach of the ADA and its implementing regulations.

Jaime Lazo v. Robert Wilkinson

Court of Appeals for the Ninth Circuit · Feb 26, 2021

The panel further concluded that Lazo’s conviction documents unambiguously established that his conviction was for cocaine, a controlled substance under the CSA. … In the absence of such sources, the “record of a prior conviction itself” may clearly show, in the “indictment and jury instructions,” that “the statute contains a list of elements, each one of which goes toward a separate

United States v. Erlinda Grajeda

570 F.2d 872 · Court of Appeals for the Ninth Circuit · Mar 2, 1978

The only objection that Grajeda raises which would qualify as an exception to rule 402 is one based on the federal constitution. … Since the evidence here is clearly relevant and does not fall within one of the exceptions of rule 402, the evidence is admissible 2 *875 and the judgment of the district court is AFFIRMED. 1 .

Law v. General Motors Corp.

114 F.3d 908 · Court of Appeals for the Ninth Circuit · Jun 5, 1997

This would transfer the regulatory locus from the Secretary of Transpor *912 tation to the state courts — a result the BIA was clearly intended to foreclose. 2 See Taylor AG Indus. v. … Proof of a BIA violation is enough to establish negligence as a matter of law, see Urie v.

Aldf v. Fda

Court of Appeals for the Ninth Circuit · Apr 11, 2016

FDA 9 established an adequate factual basis. … FDA 17 enacted FOIA in 1966, Congress established—in the absence of one of that law’s clearly delineated exemptions—a general, firm philosophy of full agency disclosure

United States v. Nathan Lima, United States of America v. Pati Simmons, United States of America v. Mila Del Rosario

15 F.3d 1093 · Court of Appeals for the Ninth Circuit · Jan 5, 1994

The PSR also found that "[t]he information available reflects [that Lima] clearly had knowledge of the entire scope of this conspiracy." … Rigby, 896 F.2d 392, 394 (9th Cir.1990), and that its conclusions were not clearly erroneous, see United States v. Cambra, 933 F.2d 752, 756 (9th Cir.1991). 29 b.

United States v. Alfredo Lopez-Solis, AKA Alfredo Lopez

447 F.3d 1201 · Court of Appeals for the Ninth Circuit · May 19, 2006

as “sexual abuse of a minor.” 22 If that conduct does not qualify, then section 39-13-506 is overbroad. … his actual conduct constituted “sexual abuse of a minor.” 56 Our examination of the facts underlying a defendant’s conviction, however, is limited. 57 We may examine only “documentation or judicially noticeable facts that clearly

United States v. Dustin Randall

34 F.4th 867 · Court of Appeals for the Ninth Circuit · May 20, 2022

Randall argues that the Act permits only one $5,000 assessment per defendant per case—no matter the number of qualifying convictions. … If one offense is a qualifying offense under the statute, the defendant is subject to the $5,000 assessment.

97 Cal. Daily Op. Serv. 2372, 97 Daily Journal D.A.R. 4240 United States of America v. Mary Peggy Moore, United States of America v. Lee Roy Wiley

109 F.3d 1456 · Court of Appeals for the Ninth Circuit · Mar 31, 1997

. § 922 (a)(6) or to establish the existence of an unlawful conspiracy. … Moore could qualify as material false statements because no crime was being committed in that Mrs. Moore approved of the purchase. As Mr.

Howard Electric Co. v. International Brotherhood Of Electrical Workers Local Union No. 570

423 F.2d 164 · Court of Appeals for the Ninth Circuit · Feb 17, 1970

through a Joint Conference Committee and, failing agreement there, to an industry committee. 11 The rules of construction governing the arbitrability of a particular issue in collective bargaining contracts are now well established … Id., at 582-583 , 80 S.Ct. at 1353 . 12 Claimed breaches of no-strike clauses are no less immune from these rules. In Drake Bakeries, Inc. v.

Samuel Lopez v. Janice Brewer

680 F.3d 1068 · Court of Appeals for the Ninth Circuit · May 15, 2012

An abuse of discretion will be found if the district court based its decision “on an erroneous legal standard or clearly erroneous findings of fact.” Id. … In other words, “[s]imply because an execution method may result in pain, either by accident or as an inescapable consequence of death, does not establish the sort of objectively intolerable risk of harm that qualifies as

Association of Flight Attendants, Cwa, Afl-Cio v. Mesa Air Group, Inc.

Court of Appeals for the Ninth Circuit · Jun 1, 2009

MESA AIR GROUP 6521 established practice, including cases where the CBA arguably (or even clearly) allows management to change the status quo. … However, the existence of such an implied term is not clearly established in the record of this case.

Massachusetts Mut. Life Ins. v. Mayo

81 F.2d 661 · Court of Appeals for the Ninth Circuit · Jan 27, 1936

Wells, assistant secretary, acknowledged the letter, stating, among other things, that the case had been carefully considered, but nothing was found indicating that the assured’s disability would qualify for benefits “under … The company clearly manifested an intention to pay the claim if it should develop that the insured was in fact totally and permanently disabled and that such disability related back to a time when the policies were in full