Case law

Frances Alday v. Raytheon Company

693 F.3d 772 · Court of Appeals for the Ninth Circuit · May 21, 2012

extend enrollment” instead of “the Employer agrees to continue to pro- vide,” in a section otherwise directly analogous to § D(1), indicates that the parties were careful to state clearly a limited obligation to make cover … RAYTHEON COMPANY 5565 later-adopted CBA clearly states that “written notice of desire to modify or amend” the CBA may be given by either party and provides the manner in which the parties will negotiate any

Kevin Wayne Anderson v. Mitch Morrow, Superintendent, Oregon State Correctional Institution

371 F.3d 1027 · Court of Appeals for the Ninth Circuit · Jun 7, 2004

Texas was not “clearly established Federal law” on November 18, 1998, the day the Oregon Supreme Court summarily affirmed the denial of Anderson’s state habeas petition. Rather, Bowers v. … as a decision ‘involv[ing] an unreasonable application of ... clearly established Federal law,’ ” and equating an unreasonable extension of a legal principle to a new context with an unreasonable refusal to extend an established

Josef Michael Jensen v. Cheryl K. Pliler, Warden

439 F.3d 1086 · Court of Appeals for the Ninth Circuit · Mar 9, 2006

Under AEDPA, a state prisoner is entitled to habeas relief only if the state court’s decision “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined … Nor do Taylor’s statements qualify as testimonial under any of the' “formulations” of testimonial evidence offered in Crawford .

Hanford Downwinders Coalition, Inc. v. Dowdle

71 F.3d 1469 · Court of Appeals for the Ninth Circuit · Dec 7, 1995

All of the district court's factual findings on jurisdictional issues must be accepted as true unless clearly erroneous. See id. IV. DISCUSSION 22 A. … The cleanup at Hanford is clearly in its pendency.

Elizabeth Lona v. William Barr

958 F.3d 1225 · Court of Appeals for the Ninth Circuit · May 15, 2020

“‘[A] fundamental change in the law’ that represents ‘a departure from established principles’” qualifies as an exceptional circumstance for which “‘sua sponte action by the Board is appropriate.’” Id. … We held that Menendez-Gonzalez did “not establish a ‘settled pattern of adjudication’ or provide us with any meaningful standard to apply to limit the agency’s exercise of discretion”; nor did he establish “any ‘incorrect

Charles Hedlund v. Charles Ryan

815 F.3d 1233 · Court of Appeals for the Ninth Circuit · Mar 4, 2016

Therefore, such decision was contrary to clearly established federal law. See 28 U.S.C. § 2254 (d). … There is no clearly established law governing implied bias, and Hed-lund has not shown that implied bias should apply here. There is no clearly established federal law regarding the issue of implied bias.

Holiday Airlines Corporation v. World Airways, Inc.

647 F.2d 977 · Court of Appeals for the Ninth Circuit · Jun 8, 1981

If this payment to World were considered merely the proceeds from the liquidation of its previously perfected security interest, which itself was immune from an attack by Holiday's Trustee, it would not be a preference. … This is our case. 32 Mere recitation of the security interest in the repair contract is insufficient to establish that the interest attached to 971. See Chartered Bank of London v.

Golden Gate Acceptance Corp., and Fred Kohlenberg v. General Motors Corp.

597 F.2d 676 · Court of Appeals for the Ninth Circuit · May 23, 1979

Alternatively, the lease of the Premises to Ford clearly constituted a transfer of the Dealership’s right to conduct its operations at the agreed location. … site without the approval of the manufacturer is not an illegal restraint of trade where, as here, the initial location was agreed to by both parties and the manufacturer’s intent was to provide an effective network of qualified

Erlinda Ubaldo Clamor v. United States

240 F.3d 1215 · Court of Appeals for the Ninth Circuit · Mar 2, 2001

Our case law clearly favors a finding of Government liability for accidents occurring on military installations. See, e.g., Lutz v. … Clamor failed to establish by a preponderance of the evidence that the scope of employment certification was improper under Hawaii law.

Michael Hedlund v. the Educational Resources Inst

718 F.3d 848 · Court of Appeals for the Ninth Circuit · May 22, 2013

EDUCATIONAL RESOURCES INST. 5 loan provider’s representation that he was ineligible for consolidation due to the default – Hedlund concluded that he would not qualify for the ICRP. … Findings of fact must stand unless clearly erroneous, and . . . .mixed questions likewise are treated as factual in nature.”). 9 We also note that under our established standard of review of bankruptcy court rulings

Carlos Molina-Morales v. Immigration and Naturalization Service

237 F.3d 1048 · Court of Appeals for the Ninth Circuit · Jan 19, 2001

To be accused of rape clearly imperiled Salazar’s impending mayoral candidacy, as well as his status as local ARENA leader. … In such a divided society, it would be unreasonable to presume that the rape accusation against Salazar would not also be construed as an overtly political act, posing a direct threat to the established political order.

Aleksandar MacKovski v. City of Garden Grove

666 F. App'x 649 · Court of Appeals for the Ninth Circuit · Nov 28, 2016

On all claims, I would hold Officer Bex is entitled to qualified immunity and would affirm entry of summary judgment for all defendants. … Katz, 533 U.S. 194 , 208-09, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (finding that officers did not violate clearly established Fourth Amendment law by shoving a protestor wearing a leg brace into a military police van).

East Bay Sanctuary Covenant v. Donald Trump

993 F.3d 640 · Court of Appeals for the Ninth Circuit · Feb 28, 2020

Applying the framework established in Chevron, U.S.A., Inc. v. Nat. Res. Def. … Intangible injuries may also qualify as irreparable harm, because such injuries “generally lack an adequate legal remedy.” Brewer, 757 F.3d at 1068.

25 Fair empl.prac.cas. 1565, 26 Empl. Prac. Dec. P 31,834 Anand P. Agarwal, Etc. v. Arthur G. McKee and Company, a Corporation, Etc., Anand P. Agarwal, Etc. v. Arthur G. McKee and Co., a Corporation, Etc.

644 F.2d 803 · Court of Appeals for the Ninth Circuit · May 7, 1981

III 13 We review the district court's factual findings under the clearly erroneous standard of Fed.R.Civ.P. 52(a). We reverse only if we are definitely and firmly convinced that a mistake has been committed. … The district court found that Agarwal established a prima facie case as to almost every part of his case.

Gladys Laycock v. Frank J. Kenney

270 F.2d 580 · Court of Appeals for the Ninth Circuit · Oct 21, 1959

The gold regulations, as authorized by the Gold Reserve Act, are clearly an appropriate means to a legitimate end, bearing a reasonable relationship to the purposes set forth in the Gold Reserve Act, all of which are clearly … Appellant has not established that Congress arbitrarily or capriciously decided that such interference existed.

Barahona-Gomez v. Reno

236 F.3d 1115 · Court of Appeals for the Ninth Circuit · Feb 11, 1999

See Arab-American, 525 U.S. at 485 , 119 S.Ct. 936 ; see also Alvidres-Reyes, 180 F.3d at 201 (“The Congressional aim of § 1252(g) is to protect from judicial intervention the Attorney General’s long-established discretion … An interpretation contrary to the majority’s would not immunize all decisions by immigration judges and the BIA from review.

Abel Allan Goodman, an Individual Trading as Weavers Guild v. Federal Trade Commission

244 F.2d 584 · Court of Appeals for the Ninth Circuit · Apr 17, 1957

Another advertisement contains the phrase in bold face: You Work on Qualified Leads. Still another repeated the statement: “You don’t demonstrate anything. You work from qualified leads.” … I will qualify that by saying once in a great while we will get an inquiry of some'kind and might refer it to the salesmen.”

William Lyle WORATZECK, Petitioner-Appellant, v. Terry STEWART, Director, Department of Corrections, Respondent-Appellee

97 F.3d 329 · Court of Appeals for the Ninth Circuit · Sep 24, 1996

He argues, instead, that, even though the intoxication level did not rise to a level high enough to qualify as a statutory mitigating factor under section 13-703(G), the evidence of his intoxication should have been and was … The evidence clearly supports a finding that the crime was committed in a heinous and depraved manner.

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.

Ming Dai v. Barr

916 F.3d 731 · Court of Appeals for the Ninth Circuit · Mar 8, 2018

The principal intent of the Service is not to oppose the interviewee's goal of obtaining a benefit, but to determine whether he or she qualifies for such benefit. … If the interviewee qualifies *745 for the benefit, it is in the Service's interest to accommodate that goal. * * * B.