Case law

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

Collings v. Longview Fibre Co.

63 F.3d 828 · Court of Appeals for the Ninth Circuit · Aug 14, 1995

by all employees; (2) may require that employees shall not be under the influence of alcohol or be 3'ag-^n the illegal use of drugs at the ace;',- (3)may require that employees behave in conformance with the requirements established … They clearly told me they regarded me as having a significant drug problem....

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) ...

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

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.

Williams v. City of Calexico

129 F.3d 129 · Court of Appeals for the Ninth Circuit · Nov 6, 1997

We review de novo the district court's decision on qualified immunity, see Newell v. … Accordingly, the district court did not err by concluding that defendant Donnelly was entitled to qualified immunity on Williams's Fourth Amendment claim. See id.; see also United States v.

Marion Chapman v. Kenneth S. Apfel, Commissioner of Social Security Administration

236 F.3d 480 · Court of Appeals for the Ninth Circuit · Dec 29, 2000

self-employment income in order to qualify. … Since then, the Third Circuit has also squarely held that Form 1099s do not establish net income for purposes of establishing self-employment earnings. Weisbraut v.

Abs Entertainment, Inc. v. CBS Corp.

900 F.3d 1113 · Court of Appeals for the Ninth Circuit · Aug 20, 2018

CBS’s position is directly contrary to both established precedent and the statutory scheme. … Neiman was qualified to establish the foundation for the business records exception, and that the district court abused its discretion in excluding the Triton Reports.

Timberlane Lumber Co. v. Bank of America

549 F.2d 597 · Court of Appeals for the Ninth Circuit · Dec 27, 1976

It is apparent that the doctrine does not bestow a blank-check immunity upon all conduct blessed with some imprimatur of a foreign government. In Continental Ore Co. v. … setting, for there a "substantial” restraint is in any event necessary for the establishment of jurisdiction itself.

United States v. Ravneet Singh

924 F.3d 1030 · Court of Appeals for the Ninth Circuit · May 16, 2019

I, § 8, cl. 4 (granting Congress the power to “establish an uniform Rule of Naturalization”). … Section 922(g)(5)(B) quite clearly prohibits possession of firearms by all those admitted to the United States under a 8 To the extent that Azano now claims that he qualified under § 922(y)(2), he failed to raise

Gina Pollack v. Princess Cruises, Inc. Peninsular and Oriental Steam Navigation Company, a Foreign Corporation

45 F.3d 436 · Court of Appeals for the Ninth Circuit · Dec 19, 1994

The district court clearly did not abuse its discretion in excluding Kleingarten's testimony as "not helpful to the finder of fact." … Neither argument has merit. 16 The district court recognized that the legal standard for establishing a prima facie case of intentional gender discrimination is flexible, see McDonnell Douglas Corp. v.

Henry v. County of Shasta

132 F.3d 512 · Court of Appeals for the Ninth Circuit · Dec 28, 1997

State of California The Eleventh Amendment immunizes states from private damage actions brought in federal court. See Pennhurst State Sch. & Hosp. v. … established federal law, see, e.g., Bounds v.

Weber Aircraft Corporation, a Division of Walter Kidde and Company, Inc., and Mills Manufacturing Corporation v. United States

688 F.2d 638 · Court of Appeals for the Ninth Circuit · Sep 21, 1982

The documents here are clearly intra-agency memoranda. 5 The issue is how broadly we should construe the phrase “not ... available by law.” In EPA v. … A court’s exercise of its general equity powers is therefore repugnant to the FOIA’s overriding purpose, “to establish a general philosophy of full agency disclosure unless information is exempted under clearly delineated

Schad v. Ryan

671 F.3d 708 · Court of Appeals for the Ninth Circuit · Nov 10, 2011

Through this impeachment, the defense established Duncan had a motivation to testify falsely. … We held that the court’s imposition of a nexus requirement was contrary to the clearly established rule set forth in Eddings. Id.