Case law

Rural Alaska Community Action Program v. Smith

847 F.2d 535 · Court of Appeals for the Ninth Circuit · May 23, 1988

Appellees contend that Alaska’s interpretation of the statute must be upheld unless it is clearly erroneous. … § 9903 (c). . 45 C.F.R. § 96.50 (1987) provides, in pertinent part: (a) This section applies to any complaint ... that a State has failed to use its allotment under a block grant in accordance with the terms of the act establishing

Wells v. Penney Co.

250 F.2d 221 · Court of Appeals for the Ninth Circuit · Nov 20, 1957

In 1940 when the Plan was established there were 1716 participants; at the end of the year 1953 there were 1955 participants. … A more detailed examination of the fund, its sources and growth, a full statement of which would unduly extend this opinion, establishes clearly that younger and future employees will benefit from substantial accumulations

Mark Stuart v. City of Scottsdale

Court of Appeals for the Ninth Circuit · Aug 2, 2023

immunity to the Individual Defendants. … There was no material evidence that any of them had violated the Stuarts’ clearly established constitutional rights. See Lane v. Franks, 573 U.S. 228, 243, 134 S. Ct. 2369, 2381, 189 L.

United States v. Richard Frederick Ross

468 F.2d 1213 · Court of Appeals for the Ninth Circuit · Oct 26, 1972

It is well established that jury pools are not required to be a mirror image of the community. Swain v. Alabama, 1964, 380 U.S. 202, 208 , 85 S.Ct. 824 , 13 L.Ed.2d 759 . … As we observed above, there is no evidence that young people are inhibited from registering to vote, which is all that they need to do to qualify for jury service.

Levin Metals Corp. v. Parr-Richmond Terminal Co.

799 F.2d 1312 · Court of Appeals for the Ninth Circuit · Sep 15, 1986

That action would clearly qualify for federal question jurisdiction. Parr-Richmond’s declaratory judgment counterclaim is, therefore, supported by an independent basis for federal subject matter jurisdiction. … This ruling clearly put the shoe on the wrong foot.

Margarita Vejo v. Portland Public Schools

Court of Appeals for the Ninth Circuit · Jun 6, 2018

Because Vejo has failed to show an equal protection violation, Callin is entitled to qualified immunity. See Pearson v. Callahan, 555 U.S. 223, 232 (2009). … Roberta Cooper The district court also erred in denying Defendants’ motion for summary judgment on the basis of qualified immunity as to Cooper.

United States v. Mi Kyung Byun

530 F.3d 1139 · Court of Appeals for the Ninth Circuit · Jul 1, 2008

Under SORNA, Byun qualifies as a "sex offender" if she was convicted of a "sex offense." § 16911(1). … We conclude this offense was a "specified offense against a minor," and thus qualifies as a sex offense under § 16911(5)(A)(ii).

Fellowship of Christian Athletes v. San Jose Unified School District Board of Educatio

82 F.4th 664 · Court of Appeals for the Ninth Circuit · Sep 13, 2023

And it has “recognized that” antidiscrimination laws are not “immune from the demands of the Constitution,” however noble the goals of such laws may be. Id. at 2315. … So, if Plaintiffs fail to establish that any Pioneer FCA student intended to apply for ASB recognition for the 2022–23 school year or would have applied in the absence of the District’s Policy, they cannot clearly show a

League to Save Lake Tahoe v. Crystal Enterprises

685 F.2d 1142 · Court of Appeals for the Ninth Circuit · Aug 31, 1982

Zoning ordinances ordinarily establish separate areas, locating in each the appropriate uses, and forbidding other uses that will tend to impair the development and stability of the area for appropriate uses. … This finding is not clearly erroneous. Appellant, Crystal Enterprises, therefore, cannot qualify for exemption under LUO § 9.11. It may not re-commence construction without TRPA review. B.

Adams v. Anderson (In re Superior Stamp & Coin Co.)

223 F.3d 1004 · Court of Appeals for the Ninth Circuit · Sep 6, 2000

On May 25, 1994, Superior and the bank met to discuss, among other things, the procedures established by the bank for advancing funds to Superior. … In opposition, Adams argued that the bankruptcy doctrine of earmarking immunized the transfers from avoid- *1007 anee.

United States v. Hernandez-Garcia

97 F. App'x 119 · Court of Appeals for the Ninth Circuit · May 3, 2004

Therefore, it does not categorically qualify as a crime of violence. … Hernandez-Garcia’s plea agreement to the § 2800.2 charge establishes that he was convicted of behavior which qualifies as a crime of violence.

Gonzales v. Battelle Energy Alliance, LLC

Court of Appeals for the Ninth Circuit · Apr 16, 2026

The advanced readiness standard includes a one-mile run with a qualifying time of 8 minutes 30 seconds, and, from a prone position, a 40-yard dash in 8.0 seconds or less. Id. § 1046.16(d)(3). … BATTELLE ENERGY ALLIANCE, LLC claims that require review of “whether the plaintiff’s continued access to classified information was clearly consistent with national security”).

United States v. Juan Castillo, Aka: Luis Hong Rojas, United States of America v. Antonio De La Renta

844 F.2d 1379 · Court of Appeals for the Ninth Circuit · Apr 22, 1988

The district court’s findings were not clearly erroneous. … Hodges, 770 F.2d 1475, 1478 (9th Cir.1985) (questions of credibility are generally immune from appellate review).

John R. Ulrich, Jr., M.D. v. City and County of San Francisco Laguna Honda Hospital Maria v. Rivero, M.D. Theresa Berta, M.D. Melissa Welch, M.D.

308 F.3d 968 · Court of Appeals for the Ninth Circuit · Oct 11, 2002

Ulrich concedes that he cannot establish municipal liability through this route. … Ulrich clearly argued that the deprivation of his rights was caused in large part by Dr.

Martinez v. Wells Fargo Home

Court of Appeals for the Ninth Circuit · Mar 9, 2010

Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), established a two-step test for judicial review of an agency’s construction of a statute it administers. … See, e.g., Watters, 550 U.S. at 13 (“In particular, real estate lending, when conducted by a national bank, is immune from state visitorial control: The [Act] specifically vests exclusive authority to exam- ine and inspect

Stephen D. Pahl Louise A. Pahl v. Commissioner of Internal Revenue

150 F.3d 1124 · Court of Appeals for the Ninth Circuit · Jul 29, 1998

The “question whether an individual meets [that standard] and qualifies as a beneficial shareholder is one of fact.” Wilson v. Commissioner, 560 F.2d 687, 690 (5th Cir.1977). … The Tax Court’s factual finding that Pahl was a beneficial shareholder was not clearly, erroneous. II.

United States v. Dwain Knigge

832 F.2d 1100 · Court of Appeals for the Ninth Circuit · May 18, 1988

So in this case the statements of Badger and Brownfield are both qualified by the circumstances in which they were made and draw value from the circumstances. … The hearsay rule does not apply to evidence offered “to establish a foundation for later showing, through other admissible evidence that it was false.” Anderson v.

United States v. Garcia

700 F. App'x 639 · Court of Appeals for the Ninth Circuit · Jun 30, 2017

The court did not clearly err in finding that Garcia voluntarily consented to the search of his Nissan. See United States v. … The district court did not clearly err, United States v.

Alejandro Rodriguez v. Timothy Robbins

715 F.3d 1127 · Court of Appeals for the Ninth Circuit · Apr 16, 2013

human trafficking, on account of having carried out severe violations of religious freedom while serving as a foreign government official, or on account of having been involved in serious criminal activity and asserting immunity … Appellees clearly face irreparable harm in the absence of the preliminary injunction. “It is well established that the deprivation of constitutional rights ‘unquestionably constitutes irreparable injury.’” Melendres v.

Robinson v. Adams

830 F.2d 128 · Court of Appeals for the Ninth Circuit · Oct 13, 1987

Nevertheless, Robinson fails to establish that these general population statistics represent a pool of prospective applicants qualified for the jobs for which he applied. … His showing that Black males are statistically underrepresented cannot, standing alone, show a racially discriminatory impact when there is clearly no racially discriminatory impact on Blacks as a whole.