Case law
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Oregon Public Employees Retirement Fund v. Apollo Group Inc.
774 F.3d 598 · Court of Appeals for the Ninth Circuit · Dec 16, 2014
Second, Rule 9(b) clearly states that “[i]n alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.” … Unlike accounting calculations or ignorance of rule violations, the statements by Apollo were subjective and preceded by qualifiers, such as “We believe.” B.
Cited 191 timesPublishedCourt of Appeals for the Ninth Circuit · Mar 28, 2005
The trial court’s erroneous limiting instruction precluded McNeil from establishing the reasonableness of her belief — a critical element of her defense. … The majority’s reasoning implies that by returning a verdict of “not guilty” of voluntary man- slaughter, the jury actually meant that the imperfect self- defense did not apply — that is, McNeil did not qualify for this lesser
Cited 0 timesPublishedCourt of Appeals for the Ninth Circuit · Jul 18, 2018
See Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011) (“A Government official’s conduct violates clearly established law when, at the time of the challenged conduct, the contours of a right are sufficiently clear that every … Considering also that the deputies had first observed Hood earlier in the morning and had concerns about her mental health then, there is no case to defeat qualified immunity on these facts. Cf. Bias v.
Cited 0 timesUnpublished129 F.4th 589 · Court of Appeals for the Ninth Circuit · Feb 20, 2025
The panel held that the evidence was sufficient to support a finding by a preponderance of the evidence that the firearm that Kurns possessed qualified for the § 2K2.1(a)(4)(B)(i)(I) enhancement. … The district court did not clearly err in its determination that a preponderance of the evidence supported the finding that Kurns exercised the requisite control over the firearms to establish, at a minimum, constructive
Cited 4 timesPublishedUNITED STATES of America, Plaintiff-Appellee, v. Randy Gean ELLIS, Defendant-Appellant
147 F.3d 1131 · Court of Appeals for the Ninth Circuit · Jul 2, 1998
At Ellis’s jury trial, an immunized Richard Depew testified he had been with Ellis when the explosive materials were stolen and had helped Ellis load them into the back of a truck. … In many cases such evidence would be clearly inadmissible. Id. at 1185 . Similarly, in United States v.
Cited 18 timesPublished87 F. App'x 57 · Court of Appeals for the Ninth Circuit · Jan 30, 2004
It is well established that aliens have a right to due process in deportation proceedings. Campos-Sanchez v. INS, 164 F.3d 448, 450 (9th Cir.1999). … In 1993, the IJ clearly erred in ruling that Macias-Ramos’s expunged conviction was grounds to deport him and to deny his requested relief. See In re Luviano-Rodriguez, 21 I. & N.
Cited 0 timesPublishedDaniels-Hall v. National Education Ass'n
629 F.3d 992 · Court of Appeals for the Ninth Circuit · Dec 20, 2010
See, e.g., id. § 1002(21)(A) (defining persons qualifying as plan fidu- ciaries); see also id. § 1101 et seq. (establishing specific fidu- ciary duties and liability for breaches of these duties). … [7] However, while a section 403(b) plan is clearly a retire- ment plan, and would be considered an “employee pension benefit plan” if established or maintained by a 501(c)(3) tax- exempt employer, section 403(b) plans
Cited 1,346 timesPublishedUnited States v. Adebola Adefunke Adebimpe
819 F.3d 1212 · Court of Appeals for the Ninth Circuit · Apr 28, 2016
John Fullerton established that medical equipment suppliers have professional obligations separate from those of a physician. … The defendants’ role in this case qualified as a position of trust under Guidelines section 3B1.3. 0 The dissent views, the record differently.
Cited 9 timesPublishedGreyhound Corp. v. United States
495 F.2d 863 · Court of Appeals for the Ninth Circuit · Apr 11, 1974
Thus, subsection (b)(2) merely sets forth the statutory definition of a qualifying or “local” transit system, and the heading of § 6421 (b) refers to such qualifying systems, all other systems being beyond the coverage of … Similarly, gasoline used by other than qualifying systems is not “Gasoline Used ... by Local Transit Systems.”
Cited 17 timesPublished709 F.2d 1307 · Court of Appeals for the Ninth Circuit · Jul 6, 1983
When plaintiff, who qualifies as a “very low income” tenant, filed this complaint, that percentage was 25 percent. 1 The amount of rental assistance HUD provides to the owner is limited to the maximum monthly rent HUD establishes … While the legislation clearly includes utilities as part of rent, 42 U.S.C. § 1437f(c)(l), the statute does not provide any particular method for calculating the utilities component of the rent.
Cited 1 timesPublishedBlankenship v. Liberty Life Assurance Co. of Boston
486 F.3d 620 · Court of Appeals for the Ninth Circuit · May 17, 2007
The lump-sum payment could be distributed directly to Blankenship, or he could elect to “roll it over into an IRA or other tax qualified vehicle.” … However, the IRC is clearly relevant; it provides the backdrop for Liberty Life’s arguments.
Cited 28 timesPublishedUnited 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.
Cited 49 timesPublishedLydia Garcia-Milian v. Eric Holder, Jr.
755 F.3d 1026 · Court of Appeals for the Ninth Circuit · Feb 13, 2014
Because Garcia-Milian’s single piece of indirect evidence provides little or no support for her claim that she was persecuted for an imputed political opinion, it clearly does not compel that conclusion, and we must uphold … To qualify for CAT relief, an alien must establish that “it is more likely than not that he or she would be tortured if removed to the proposed country of removal.” 8 C.F.R. § 208.16 (c)(2); see also Nuru v.
Cited 951 timesPublished806 F.3d 1011 · Court of Appeals for the Ninth Circuit · Nov 24, 2015
App’x 213, 216 (9th Cir. 2012) (“Morris has cited no authority that clearly supports her argument that a suspicionless computer UNITED STATES V. … We disturb the nexus finding only if it is clearly erroneous. See Hinkson, 585 F.3d at 1259. The district court’s nexus finding was not clearly erroneous and, in fact, was well-supported by the facts of the case.
Cited 31 timesPublishedCourt of Appeals for the Ninth Circuit · May 14, 2008
“A reasonable tactical choice based on an adequate inquiry is immune from attack under Strickland.” Gerlaugh, 129 F.3d at 1033. … Nevertheless, the majority’s independent review of the expert testimony leads it to conclude that the evidence “clearly established that methamphetamine use, in the quanti- ties that Correll indisputably used the drug on
Cited 0 timesPublishedAgustin Ortega-Lopez v. William Barr
978 F.3d 680 · Court of Appeals for the Ninth Circuit · Oct 20, 2020
Regardless of the alien’s status, the alien did not qualify for cancellation of removal if the alien had been convicted of an offense listed in any of the three statutes. Id. … BARR step one by concluding Congress clearly intended not to incorporate the within-five-years element of § 1227(a)(2)(A)(i).” Id. at 1093.
Cited 19 timesPublished366 F.3d 774 · Court of Appeals for the Ninth Circuit · Jun 8, 2004
The underlying findings are not clearly erroneous on the record before us, and the propriety of the denial of discharge as a matter of law was previously appealed to the district court but was not appealed to us. … In short, the bank account records were not properly qualified as business records in any way that Rule 803(6) approves.
Cited 2 timesPublished543 F.3d 1118 · Court of Appeals for the Ninth Circuit · Sep 16, 2008
The IJ erred when she required Karapetyan to clearly establish the motives of his persecutors. … Although a decision whether a denial of a continuance constitutes an abuse of discretion must be resolved on a case by case basis, Baires, 856 F.2d at 91 , Cui established that “it is clearly an abuse of discretion for an
Superseded by statute, as recognized in Owino v. HolderCited 83 timesPublished275 F.3d 751 · Court of Appeals for the Ninth Circuit · Dec 27, 2001
in his individual capacity under the subchapter, (emphasis added) Id. § 1132(d)(2) This provision clearly applies only to suits against ERISA plans, and not to suits that may be brought against other parties under ERISA. … True, there may be few others who can be said to owe them the benefits, and thus few others who may be liable to suit under § 1132(a)(1)(B), but as I explain below, third-party insurers qualify.
Cited 42 timesPublished572 F.3d 975 · Court of Appeals for the Ninth Circuit · Jul 16, 2009
But as the record clearly indicates, Petitioner was not charged with having violated any support provision or with removability in connection with any such provision. Citing Gerlack v. … Ordinarily, we could not rely upon those sources to establish this fact if we follow the “modified” categorical approach that Petitioner asserts applies. See United States v.
Cited 21 timesPublished
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