Case law

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

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

CV-02-00412-RMT CEMEX INC., a Louisiana OPINION 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.

Rachmil v. United States

43 F.2d 878 · Court of Appeals for the Ninth Circuit · Oct 6, 1930

The statutory language above quoted clearly indicates that the term bankrupt is used in a technical sense. … Therefore, the offense is not committed in the sense of being completed until its three elements shall have been established. But the offense may be commenced before any one of them come into existence.

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.

Dex Media West, Inc. v. City of Seattle

696 F.3d 952 · Court of Appeals for the Ninth Circuit · Oct 15, 2012

It also establishes an opt-out registry, through which residents can decline to receive direc- tories. … It surely cannot be the case that newspapers (or any other clearly expressive, mixed-content speech such as magazines or televised political debates that are interspersed with commercials) can only qualify for full First

Tanner v. McDaniel

493 F.3d 1135 · Court of Appeals for the Ninth Circuit · Jul 13, 2007

We conclude, however, that none of Tanner’s contentions qualifies as a nonfrivolous ground for appeal. See George v. … ’ by this Court” for purposes of determining what constitutes clearly established federal law, as determined by the Supreme Court.

Production Farm Management v. William Brock, Secretary of Labor

767 F.2d 1368 · Court of Appeals for the Ninth Circuit · Aug 8, 1985

DOL’s calculation for the previous year, however, had established an unpublished AEWR of $3.13. … After receipt of comments, DOL issued a final rule establishing the $3.67 AEWR for Arizona. 44 Fed.Reg. 55825 (Sept. 28, 1979).

United States v. Jose Alfredo Maldonado, AKA Chino

215 F.3d 1046 · Court of Appeals for the Ninth Circuit · Jun 26, 2000

We review for clear error the district court’s determination whether the defendant qualifies for a role adjustment under the United States Sentencing Guidelines (“Guidelines”). See United States v. … Here, the district court did not clearly err in finding that there was sufficient evidence to enhance Maldonado’s sentence for his leadership role in the offense.

Gila River Indian Community v. United States

729 F.3d 1139 · Court of Appeals for the Ninth Circuit · May 20, 2013

In considering whether the land qualified for trust status under § 6(d), the Secretary explained that “[t]he Western Regional Director of the BIA [Bureau of Indian Affairs], acting under authority of the Secretary, issued … If Congress has directly spoken, “the agency (and the court) must give effect to Congress’s clearly expressed intent.” Adams v. U.S. Forest Serv., 671 F.3d 1138, 1143 (9th Cir.2012).

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

Sterling Drug, Inc. v. Federal Trade Commission

741 F.2d 1146 · Court of Appeals for the Ninth Circuit · Aug 28, 1984

Third, it can advise consumers that its claims of therapeutic efficacy are not clearly established. See American Home, 695 F.2d at 695 . … or proven unless such representation has been established by two or more adequate and well-controlled clinical investigations, conducted by independent experts qualified by training and experience to evaluate the comparative

Robert Douglas Smith v. Terry Stewart, Director, Arizona Department of Corrections

241 F.3d 1191 · Court of Appeals for the Ninth Circuit · Mar 6, 2001

Such a holding does not satisfy the requirement that a state court clearly and explicitly invoke a state procedural rule to bar federal habeas review. … When the time came to argue to the court that Smith’s life was worth sparing, his lawyer asserted that the best mitigating factor in the case was Foreman’s immunity agreement.

Lindahl King v. Saddleback Junior College District, a Public Corporation Fred H. Bremer, Superintendent, Robert Olff, a Minor by and Through His Guardian Ad Litem, Mrs. Sonny Olff v. East Side Union High School District

445 F.2d 932 · Court of Appeals for the Ninth Circuit · Jul 27, 1971

The affidavits in Olff clearly show this, and the affidavit of Dr. … Thurston, 424 F.2d 1281, 1285 ) that 'The right to one's person may be said to be a right of complete immunity: to be let alone,' does not hold true in all circumstances. See, e.g., Schmerber v.

Ramstad v. Hodel

756 F.2d 1379 · Court of Appeals for the Ninth Circuit · Apr 2, 1985

Both the BLM and the Board suggested in their opinions that Ramstad might qualify for such relief. … Where on April 29, 1950, such a claim was held by a qualified person ... the claimant must file notice of the claim in the proper office, within 90 days from that date. (c) ...

Phillips v. Ornoski

Court of Appeals for the Ninth Circuit · May 25, 2012

Colman’s Immunity Agreement The principal undisclosed benefit that Colman received for her testimony flowed from an immunity agreement struck between Minier and her trial lawyer, Cassandra Dunn, on Col- man’s behalf. … ORNOSKI [12] That such an offer was extended was indisputably evi- dence “favorable to the accused . . . because it is impeaching,” and was clearly subject to the duty of disclosure established in Brady.

Esther Josephine Bunuan Agbuya v. Immigration and Naturalization Service

219 F.3d 962 · Court of Appeals for the Ninth Circuit · Jul 18, 2000

Evidence of past persecution alone can establish a well-founded fear. See id. Establishing past persecution triggers a rebuttable presumption of a well-founded fear of future persecution. … We believe that the record clearly establishes that while Agbu-ya's initial threats by Benguet miners were economically motivated, the NPA's later involvement on behalf of its laborers and in furtherance of its own egalitarian

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

Jun Yu v. Idaho State University

15 F.4th 1236 · Court of Appeals for the Ninth Circuit · Oct 20, 2021

The panel held that the district court did not clearly err in finding that Yu failed to show that the university intentionally discriminated against him. … But the district court found that “[e]ach reference to [Yu’s] spoken English related in some manner, either expressly or implicitly, to his difficulties demonstrating clinical competence, including a difficulty in establishing

San Francisco Tomorrow v. George Romney

472 F.2d 1021 · Court of Appeals for the Ninth Circuit · Mar 28, 1973

These projects represent two types of HUD urban renewal projects which may qualify for federal financial assistance under the slum clearance and urban renewal provision of the Housing Act of 1949, 68 Stat. 622 , as amended … The Secretary may establish reasonable requirements for the i>rogram which must be complied with iirior to the entering into a contract with the locality.

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).

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.