Case law

Victor Herrera-Diaz, a Minor, by and Through His Guardian, Janet Mary Herrera-Diaz v. United States of America, Department of the Navy

845 F.2d 1534 · Court of Appeals for the Ninth Circuit · May 4, 1988

Our court rejected Davis’s argument that the action should not accrue until he had reason to believe that the United States had been negligent in approving the particular batch of the vaccine from which he had been immunized … As in Kubrick , the plaintiff in Davis clearly was armed with the critical facts about his injury and could reasonably be expected to inquire about whether and whom to sue. Davis, 642 F.2d at 331 .

American Air Liquide, Inc. v. Commissioner of Internal Revenue

45 F. App'x 721 · Court of Appeals for the Ninth Circuit · Aug 29, 2002

The royalties in this case, paid by L’Air and received by American Air, do not qualify for the active business exception because they do not meet the second requirement. … American Air’s first argument for deferral fails because the Secretary of the Treasury clearly has the discretion to make the proposed regulation at issue prospective only.

Rodney Garrott v. Pat Glebe

600 F. App'x 540 · Court of Appeals for the Ninth Circuit · Apr 22, 2015

Nor has Garrott shown that it is clearly established federal law that a prisoner has a right to be free from false accusations. See, e.g., Freeman v. … Rideout, 808 F.2d 949, 951–52 (2d Cir. 1986) (“The prison inmate has no constitutionally guaranteed immunity from being falsely or wrongly accused of conduct which may result in the deprivation of a protected liberty interest

Ryan Six v. Iq Data International, Inc.

129 F.4th 630 · Court of Appeals for the Ninth Circuit · Feb 24, 2025

Tangible harms, like physical or monetary loss, readily qualify as concrete injuries, but “[v]arious intangible harms can also be concrete.” Id. at 425. … When Six notified IQ that it should communicate only with his counsel, he clearly expressed a desire to be undisturbed by IQ’s communications.

Anthony Barone, Jr. v. Thomas Foley, Joseph Matvey Charles Jordan

28 F.3d 104 · Court of Appeals for the Ninth Circuit · Jun 27, 1994

immunity. … Kitsap County, 931 F.2d 624, 627 (9th Cir.1991) (officers have qualified immunity unless plaintiff shows, inter alia, violation of clearly established constitutional right)

Collier v. Bayer

Court of Appeals for the Ninth Circuit · Jun 3, 2005

Furthermore, there is no established rule that motions to correct an illegal sentence do not qualify as an appeal from judgment, thus tolling the period for filing a habeas petition. A. … As Sullivan was decided only recently, such a rule cannot be held clearly and well-established at the time Collier filed his motion to correct an illegal sentence in 1997.

Max Lopez, Jr. v. G.A. Smith

203 F.3d 1122 · Court of Appeals for the Ninth Circuit · Feb 10, 2000

Congress has not, however, clearly stated that dismissal must be without leave to amend. … Because Lopez alleged a deprivation longer than the one in Allen, it qualifies as long term. Thus, he was not required to show adverse medical effects. 16 In their brief to the panel in Lopez v.

Pagayon v. Holder

675 F.3d 1182 · Court of Appeals for the Ninth Circuit · Jun 24, 2011

The abstract of judgment established the crime of conviction, while the information established that the drug charge was for possession of methamphetamine. … [5] Coupled with Pagayon’s admission, the record of con- viction clearly, convincingly and unequivocally shows that Pagayon was convicted of a controlled substance offense.2 The government met its burden of establishing

Ian McCray v. Marriott Hotel Services

902 F.3d 1005 · Court of Appeals for the Ninth Circuit · Aug 31, 2018

And the definition of which shifts qualified for and unpaid leave, protecting worker safety, prohibiting discrimination in employment, and establishing other worker rights remains well within the traditional police power … Specifically, the CBA did not “directly and clearly explain what constitutes a ‘change of schedule,’ nor how an agreement between [the hospital] and a nurse is to be made.” Id.

Towers ex rel. Pacific Atlantic Trading Co. v. United States (In re Pacific-Atlantic Trading Co.)

64 F.3d 1292 · Court of Appeals for the Ninth Circuit · Aug 23, 1995

The Bankruptcy Court held that only post-petition expenses qualify as administrative expense claims. … United Bhd. of Carpenters, 812 F.2d 1220 , 1225 (9th Cir.1987) (“Legislative enactments should never be construed as establishing statutory schemes that are illogical, unjust, or capricious.”).

Olimpia Lazo-Majano v. Immigration & Naturalization Service

813 F.2d 1432 · Court of Appeals for the Ninth Circuit · Apr 2, 1987

She may indeed have suffered emotional and physical abuse in the course of her personal relationship with Sergeant Zuniga, but such mistreatment is clearly personal in nature and does not constitute political persecution … The record here shows a Salvadoran woman, *1437 Lazo-Majano, who was abused and dominated by an individual purely for sexual, and clearly ego reasons.

Pepper & Tanner, Inc. v. Shamrock Broadcasting, Inc.

563 F.2d 391 · Court of Appeals for the Ninth Circuit · Oct 18, 1977

We reverse. 2 The district court granted summary judgment on the premise that Pepper & Tanner was barred from recovery on each of the four contracts because it had failed to qualify to do business in Arizona. … In determining whether or not a grant of summary judgment was proper we are not bound by the usual rule requiring an appellate court to accept the findings of a trial court unless they are clearly erroneous. 5A Moore's Federal

Poolaw ex rel. Poolaw v. Bishop

67 F.3d 830 · Court of Appeals for the Ninth Circuit · Oct 4, 1995

Thus, “the Act’s mandate for a free appropriate public education qualifies and limits its mandate for education in the regular classroom.” Daniel R.R., 874 F.2d at 1045 . … This finding is adequately supported by the record and we conclude that it is not clearly erroneous.

PadernalNye v. Gonzales

133 F. App'x 403 · Court of Appeals for the Ninth Circuit · May 24, 2005

Under the “modified categorical approach,” as it had been applied at the time of Nye’s appeal to the BIA, the documents in the administrative record do not clearly establish that Nye was convicted of a “crime of violence. … Corona-Sanchez, 291 F.3d 1201, 1212 (holding that the PSR was insufficient to establish conviction of the qualifying offense); Tokatly v.

Chandan Manansingh v. USA

Court of Appeals for the Ninth Circuit · Nov 6, 2023

. § 1985(3) claim based on qualified immunity. See Mullenix v. Luna, 577 U.S. 7, 11–12 (2015) (per curiam) (setting forth elements for qualified immunity); Pasadena Republican Club v. … We affirm the dismissal of Plaintiffs’ FTCA claims against the United States on sovereign immunity grounds.

Kawashima v. Holder

615 F.3d 1043 · Court of Appeals for the Ninth Circuit · Aug 4, 2010

Whatever validity the panel’s method of interpretation may have had in the past, the Supreme Court clearly rejected it just last year. The panel does not explain how its opinion is consistent with Corley . C. … Kawashima’s case establish that he was convicted of violating § 7206(1).

Idaho ex rel. Soward v. United States

858 F.2d 445 · Court of Appeals for the Ninth Circuit · Sep 7, 1988

The FIS is clearly implicated. CONCLUSION. Idaho Insurance Code § 41-3342 is not a law regulating the “business of insurance” within the contemplation of the McCarran-Ferguson Act. … No subclasses shall be established within any class. The order of distribution of claims shall be: (1) Class 1.

United States v. Donaciano Hernandez-Escarsega

886 F.2d 1560 · Court of Appeals for the Ninth Circuit · Oct 4, 1989

Although the reliability of several of Johnson’s confidential sources was not clearly established, the detailed nature of many of their statements and the interlocking nature of their stories enhanced their credibility. … In addition, the district court gave special instructions to aid the jury in assessing the credibility of informants, accomplices, and immunized witnesses.

United States v. Ole Hougen

76 F.4th 805 · Court of Appeals for the Ninth Circuit · Aug 1, 2023

That is so because even if Hougen establishes all three necessary prongs for plain error relief, that only establishes our discretion to grant relief. … The clause “abolished slavery, and established universal freedom” in the United States.

United States v. Miriam Aguirre

214 F.3d 1122 · Court of Appeals for the Ninth Circuit · Jun 19, 2000

Defendant sought several adjustments to her sentence, and the Government acknowledged that Aguirre qualified for a “safety valve” adjustment under U.S.S.G. § 5C1.2. … Rule 35(c) permits corrections of sentences which were clearly erroneous under the Sentencing Guidelines. See United States v.