Case law

Richard Berkey v. Texaco Inc.

45 F.3d 435 · Court of Appeals for the Ninth Circuit · Dec 19, 1994

As the moving party, Berkey had the burden of establishing that he qualified for the exception described in 4(a)(6). … His motion and supporting declaration do not clearly specify when he learned of the judgment. 2 Therefore, it was not an abuse of discretion for the district court to find this exception inapplicable. 7 AFFIRMED. * The panel

Binyan Mohamed v. Jeppesen Dataplan Inc

563 F.3d 992 · Court of Appeals for the Ninth Circuit · Apr 28, 2009

Moreover, “at the core of Plaintiffs’ case against Defendant Jeppesen are ‘allegations’ of covert U.S. military or CIA operations in foreign countries against foreign nationals—clearly a subject matter which is a state secret … We are unpersuaded because acceding to the government’s request would require us to ignore well-established principles of civil procedure.

Steven Crowe v. Christine Wormuth

74 F.4th 1011 · Court of Appeals for the Ninth Circuit · Jul 25, 2023

Congress clearly envisioned a division of responsibility between the MSPB and EEO offices, such that federal employees would need to raise some types of claims before one or the other. … WORMUTH 41 Even so, the Army has clearly articulated sufficient, non- discriminatory reasons for removing Crowe based on his inappropriate workplace conduct.

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

United States v. Ralph H. Washington

797 F.2d 1461 · Court of Appeals for the Ninth Circuit · Aug 20, 1986

As we have said, a defendant’s Sixth Amendment right to retain counsel of his choice is a qualified one. … It clearly establishes probable cause to believe that Washington was a user of cocaine. What is much less clear, however, is whether the affidavit adequately indicates that he was a seller of cocaine.

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

Brezilien v. Holder

Court of Appeals for the Ninth Circuit · May 12, 2009

Nevertheless, the IJ noted that Brezilien had been granted asylum in 1993, and at that time had established a well-founded fear of persecution. … The BIA improperly relied upon its own factual findings to conclude that Brezilien had not established a well-founded fear of future persecution, had not established that it is more likely than not that he will suf- fer persecution

Weston Family Partnership Lllp v. Twitter, Inc.

29 F.4th 611 · Court of Appeals for the Ninth Circuit · Mar 23, 2022

; and (3) establish loss causation. … A decision is “final” under § 1291 if it “(1) is a full adjudication of the issues, and (2) clearly evidences the judge’s intention that it be the court’s final act in the matter.” Disabled Rts. Action Comm. v.

In Re Samuel G. Bialac, Debtor. Harsh Investment Corp. And Harsh Building Co. v. Samuel G. Bialac, in Re James T. Bialac, Debtor. Harsh Investment Corp. v. James T. Bialac

712 F.2d 426 · Court of Appeals for the Ninth Circuit · Aug 4, 1983

The right was qualified. James was only given sixty days within which to pay the $460,000 due under the judgment. … Redemption can be had only by satisfying "all" obligations, which clearly implicates the obligations of co-debtors.

United States v. George Louis Glaeser, Jr. And Mechmetals Corporation, United States of America v. Anthony Edward O'CarrOll

550 F.2d 483 · Court of Appeals for the Ninth Circuit · Mar 17, 1977

MSS believed that Mechmetals was not qualified to make the pivot and therefore filed a protest with the Air Force. This protest was subsequently denied. … The evidence as a whole clearly indicates the lack of inducement and the predisposition of the defendants.

Capitan Grande Band of Mission Indians v. Helix Irrigation District

514 F.2d 465 · Court of Appeals for the Ninth Circuit · Mar 14, 1975

This situation clearly requires enactment of the extension provided in the substitute language proposed by the Department of the Interior. … That proposition, in absence of a contrary intent by Congress, is well established by Poafpybitty, supra.

Sanchez v. County of San Diego

464 F.3d 916 · Court of Appeals for the Ninth Circuit · Sep 18, 2006

Here, Appellants must establish that San Diego County is conditioning the receipt of welfare benefits on the waiver of a constitutional right. … Scott expressly held that the scheme under examination there did not qualify under the special needs doctrine. See 450 F.3d at 872 .

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.

High Tech Gays v. Defense Industrial Security Clearance Office

909 F.2d 375 · Court of Appeals for the Ninth Circuit · Jul 23, 1990

The class of “homosexuals” clearly qualifies as a suspect category, triggering strict judicial scrutiny of any governmental discrimination against them. … Hardwick establishes only that the latter may be criminalized.

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

State of Cal. Dtsc v. Westside Delivery LLC

888 F.3d 1085 · Court of Appeals for the Ninth Circuit · Apr 27, 2018

In addition to establishing the foregoing, the defendant must establish that the defendant has satisfied the requirements of section 9607(b)(3)(a) and (b) of this title, [and must also … When Congress does so, though, it tends to speak clearly. See James v.

Nile T. Deland v. Old Republic Life Insurance Company

758 F.2d 1331 · Court of Appeals for the Ninth Circuit · Apr 24, 1985

The pretrial memoranda filed by both parties establish that the language of the policy and the representations of the insurer were virtually undisputed. … First, the correspondence was clearly relevant under Fed.R.Evid. 402 with respect to DeLand’s reasonable expectation of coverage and his claim that Old Republic had denied coverage in bad faith.

Caribbean Marine Services Co. v. Baldrige

844 F.2d 668 · Court of Appeals for the Ninth Circuit · Apr 14, 1988

Neither of these allegations suffices to establish an imminent threat of economic injury. … This interest, as well as the interest in protecting and preserving marine mammals, is clearly implicated by the issuance of the preliminary injunction in this case. See, e.g., Kent v.

Bockting v. Bayer

Court of Appeals for the Ninth Circuit · May 31, 2005

(“There is no clearly established Supreme Court pre- 5932 BOCKTING v. … was neither “contrary to,” nor “involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1).

Obsidian Finance Group, LLC v. Crystal Cox

740 F.3d 1284 · Court of Appeals for the Ninth Circuit · Jan 17, 2014

Cowles Media Co., the Court held that the press gets no special immunity from laws that apply to others, including those—such as copyright law—that target communication. 501 U.S. 663, 669–70 (1991). … COX 13 U.S. at 757 (plurality opinion).4 But even assuming that Gertz is limited to statements involving matters of public concern, Cox’s blog post qualifies.