Case law

Abrego v. the Dow Chemical Company

Court of Appeals for the Ninth Circuit · Apr 4, 2006

Shell Oil Co., 519 U.S. 337, 340 (1997), alongside a “clearly expressed legislative intention” that gives shape to key provisions in the statute, Consumer Prod. Safety Comm’n v. … Based on Singer, it is clearly appropriate for the district courts, in their discretion, to accept certain post-removal admissions as determinative of the amount in controversy.

Pearson v. Muntz

625 F.3d 539 · Court of Appeals for the Ninth Circuit · May 24, 2010

In the parole context, the “clearly established Federal law, as determined by the Supreme Court” is Greenholtz . … The principle that state law gives rise to liberty interests that may be enforced as a matter of federal law is long-established. See infra page 549-50. Hayward clearly did not preclude relief under AEDPA.

Faith Center Church Evangelistic Ministries v. Glover

480 F.3d 891 · Court of Appeals for the Ninth Circuit · Mar 9, 2007

Faith Center’s religious activities and those in Bronx Household and Good News Club , are likewise too similar to make any meaningful distinction that would immunize the County from First Amendment violations. … Clearly, the opinion sees no problem with other types of controversial speech. All meetings held at the Antioch Library are closed-door meetings.

Entertainment Research Group, Inc. v. Genesis Creative Group, Inc.

122 F.3d 1211 · Court of Appeals for the Ninth Circuit · Aug 18, 1997

North Coast does not establish that summary judgment is inappropriate, however. … Here, on the other hand, the claimed artistic differences in the facial expressions of the characters are clearly not the defining aspect of the costumes.

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

Jamalur Rashid Chowdhury v. Immigration and Naturalization Service

249 F.3d 970 · Court of Appeals for the Ninth Circuit · May 14, 2001

The BIA rejected Chowdhury’s claim that he was denied due process because he failed to establish prejudice and any argument he would have presented to the IJ was already presented to the BIA on appeal. … CONCLUSION Chowdhury’s money laundering conviction does not qualify as an aggravated felony under 8 U.S.C. § 1101 (a)(43).

Crittenden v. Ornoski

Court of Appeals for the Ninth Circuit · Aug 20, 2010

Musladin, 549 U.S. 70, 76 (2006) (divergence of courts reflects lack of guidance from the Supreme Court as to clearly established federal law). … a violation of clearly established law.

Spicer Accounting, Inc. v. United States

918 F.2d 90 · Court of Appeals for the Ninth Circuit · Nov 1, 1990

Spicer clearly performed substantial services for the taxpayer corporation. He was the only accountant working for Taxpayer, an accounting concern. … We also consider whether the services performed “constitute[ ] an integral part of taxpayer’s business and [are] not incidental to the pursuit of a separately established trade or business.” Westover v.

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. V-1 Oil Company, D/B/A V-1 Propane

63 F.3d 909 · Court of Appeals for the Ninth Circuit · Aug 24, 1995

These four instances fail to establish certainty and regularity of inspection over the past twenty years. … Barlow’s, Inc., 436 U.S. 307, 313 , 98 S.Ct. 1816, 1820-21 , 56 L.Ed.2d 305 (1978) are clearly qualified by the standard laid down in Donovan and Burger : there has to be “a constitutionally adequate substitute for a warrant

Christoffersen v. Washington State Air National Guard

855 F.2d 1437 · Court of Appeals for the Ninth Circuit · Aug 31, 1988

The regulation establishes a "Vitalization Program" for the state National Guards which is designed to ensure combat readiness and inhibit stagnation in the senior grades by providing for the advancement of qualified young … The regulation clearly requires the Advisory Board and Adjutant General to apply their expertise regarding projected Washington Guard needs and present capabilities. See ANGR 36-06, p 10e.

United States v. Gustavo Carrillo-Lopez

68 F.4th 1133 · Court of Appeals for the Ninth Circuit · May 22, 2023

This interpretation of the legislative history is clearly erroneous. … The district court’s reliance on this contemporaneous data was clearly erroneous.

Simon J. Pinhas v. Summit Health, Ltd. Midway Hospital Medical Center the Medical Staff of Midway Hospital Medical Center Mitchell Feldman

894 F.2d 1024 · Court of Appeals for the Ninth Circuit · Jan 25, 1990

Under the Midcal test, “ ‘the challenged restraint must be “one clearly articulated *1029 and affirmatively expressed as state policy,"'" and "the anti-competitive conduct `must be "actively supervised" by the State itself … An attorney is not immune from antitrust liability if he becomes an active participant in formulating policy decisions with his client to restrain competition. See Tillamook Cheese and Dairy Ass'n v.

Brandon Hodges v. Comcast Cable Communications

21 F.4th 535 · Court of Appeals for the Ninth Circuit · Sep 10, 2021

But a law established for a public reason cannot be contravened by a private agreement.” See 393 P.3d at 93–94. … Rptr. 3d at 90, is clearly wrong. By its terms, that requested relief only benefits those who actually sign lending agreements, and not the public more generally.

World Airways, Inc. v. International Brotherhood Of Teamsters

578 F.2d 800 · Court of Appeals for the Ninth Circuit · Jul 17, 1978

That technical training is unlikely to discover judgmental problems in a Pilot-in-Command is demonstrated by Becker himself, who presumably completed similar training when he originally qualified as a Pilot-in-Command. … Regulations promulgated pursuant to the Federal Aviation Act establish that it is the duty of the carrier to determine the competency of its pilots in the interests of public safety taking into account such things as "personal

Doe v. KAMEHAMEHA SCHOOLS/PAUAHI BISHOP ESTATE

596 F.3d 1036 · Court of Appeals for the Ninth Circuit · Mar 2, 2010

It was in this context that in 1884, Princess Bernice Pauahi Bishop, the last descendant of the Hawaiian monarchy, established two schools and a testamentary trust to fund them. … L.Rev. 319, 331 (2008). [1] The schools voluntarily admitted one non-Native applicant, Kalani Rosell, in 2002, after determining that all qualified Native Hawaiian applicants had been admitted.

Rendleman v. Bowen

860 F.2d 1537 · Court of Appeals for the Ninth Circuit · Nov 16, 1988

While the pamphlets state that "[t]he Corps will make every effort to meet placement wishes," they clearly explain that "due to the serious nationwide needs that must be met, the Corps reserves the right to make the final … We also note, however, that he established a medical clinic in a poverty area of Portland that was eventually designated as an HMSA.

Swift Transportation Co. v. United States District Court for District of Arizona

830 F.3d 913 · Court of Appeals for the Ninth Circuit · Jul 26, 2016

It is well established that “[t]he absence of controlling precedent weighs strongly against a finding of clear error.” … To determine whether the petitioner has established a right to this remedy, we consider the five factors from Bauman v. U.S. Dist.

Bessie Tsosie v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

630 F.2d 1328 · Court of Appeals for the Ninth Circuit · Nov 3, 1980

We are not persuaded that the statute in any way establishes an invidious class or deprives the appellant of equal protection of the law. … The standard for testing the validity of Congress’s Social Security classifications was clearly stated in Flemming v.

Kaptsov v. Ashcroft

64 F. App'x 84 · Court of Appeals for the Ninth Circuit · May 1, 2003

In order to establish eligibility for asylum, Kaptsov must establish that he would suffer persecution in Russia on account of his political opinion. … engage in acts ‘contrary to the basic rules of human conduct.’ ”) Like the petitioner in Ramos-Vasquez, Kaptsov was “clearly not a ‘draft evader.’ ” 57 F.3d at 864.