Case law

Ogden Martin Systems, Inc., Cross-Appellee v. San Bernardino County, California, Cross-Appellant

932 F.2d 1284 · Court of Appeals for the Ninth Circuit · May 24, 1991

Runyan offers little or no support for the district court’s holding, because it does not discuss what qualifies as a “benefit.” … This argument clearly lacks merit. Additionally, the County shoots itself in the foot by claiming “the process was a statutory requirement, not a monetary benefit bestowed on the County.”

Tapia Coria v. Garland

Court of Appeals for the Ninth Circuit · Aug 16, 2024

That is, § 1252(a)(2)(C) applies only when relief is denied “on the basis of the qualifying conviction.” Id. (emphasis added). … It is that textual analysis in Nasrallah—defining what qualifies as final orders of removal, and then making clear that judicial review does not extend to factual challenges to such orders—that is clearly irreconcilable with

Soderback v. Siler

610 F.2d 643 · Court of Appeals for the Ninth Circuit · Dec 6, 1979

Roth, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972), it is well established that one who claims a *646 deprivation of “liberty" must demonstrate that the action complained of imposed “a stigma or other disability that … Clearly these charges involved the kind of “stigma” that is referred to in Roth . However, Soderback’s licenses were not denied on grounds to which any stigma is attached and he does not so contend.

Central Valley AG Enterprises v. United States

531 F.3d 750 · Court of Appeals for the Ninth Circuit · Jun 25, 2008

It was a sovereign immunity case involving an individual partner’s attempt to enjoin the IRS from collecting income taxes assessed against him under TEFRA. … Thus, the Act’s general prohibition applied and the Government’s sovereign immunity barred Randell’s action. Id. This is a far different case.

Jeffrey Nielsen v. Ryan Thornell

Court of Appeals for the Ninth Circuit · Jul 8, 2024

For example, it might have to show that it has devoted substantial resources to this objective or that the public clearly recognizes that goal as a central mission of that organization. … THORNELL 1609.01(K)(2), and waive any defense based on sovereign immunity, id. § 41-1609.01(L).

Phillips v. United States Internal Revenue Service

73 F.3d 939 · Court of Appeals for the Ninth Circuit · Jan 10, 1996

cert. denied, 394 U.S. 921 , 89 S.Ct. 1197 , 22 L.Ed.2d 454 (1969) (explaining that courts have disagreed in the context of defamation case about “whether there should be gradations in the standard for defeasance of the immunity … The language Congress chose clearly imposes a more rigorous standard. The step the majority takes today toward evisceration of the willful failure requirement may seem to be of slight consequence.

Robert Walden v. David Shinn

990 F.3d 1183 · Court of Appeals for the Ninth Circuit · Mar 12, 2021

The State accordingly argues that Walden’s claim for habeas relief is barred by the absence of clearly established federal law. … Thus, Bean is clearly distinguishable. 3 Whether the Arizona Supreme Court’s cross-admissibility ruling was contrary to or involved an unreasonable application of clearly established

Service Employees International Union, Local 102 Probation Officers Association Roslinda Arellanes Teresa Ayala Renee U. Bonner v. County of San Diego

35 F.3d 483 · Court of Appeals for the Ninth Circuit · Oct 5, 1994

by statute, ordinance, or regulation, or by a policy or practice established pursuant to principles of public accountability.... … Thus, the 1954 salary test clearly conflicted with con *489 gressional intent that public sector employers be able to claim the administrative and executive exception. 4 The DOL’s August 1992 regulation is evidence that the

Styers v. Schriro

Court of Appeals for the Ninth Circuit · Oct 22, 2008

Habeas relief is therefore available only if the state court ruling “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court … However, none of the twelve jurors stated that he or she had formed an opinion about this case — either qualified or unqualified. C.

Chemehuevi Indian Tribe v. California

331 F.3d 1094 · Court of Appeals for the Ninth Circuit · Jun 11, 2003

Instead, it exercises its authority to negotiate, which IGRA clearly permits. See S. Rep. … We may consider the public interest of the State when deciding whether it has negotiated in good faith, and a State’s concern for the rights of its citizens employed at tribal gaming establishments is clearly a matter within

MOW SUN WONG Et Al., Appellants, v. Robert E. HAMPTON, Chairman of the United States Civil Service Commission, Et Al., Appellees

500 F.2d 1031 · Court of Appeals for the Ninth Circuit · Jun 10, 1974

Congress has in broad terms granted to the Executive the authority to establish standards for admission into the civil service. 5 U. S.C. § 3301. … However, Dougall clearly cites Graham as authority for imposing a compelling state interest test in the field of public employment. 413 U.S. at 642, 93 S.Ct. 2842 ; see also Chapman v.

United States v. Kwok Chee Kwan, AKA Jeff Kwan

407 F.3d 1005 · Court of Appeals for the Ninth Circuit · May 12, 2005

[T]o qualify for coram nobis relief, four requirements must be satisfied. … Kwan may satisfy the fundamental error requirement by establishing that he received ineffective assistance of counsel.

Elliott v. Bumb

356 F.2d 749 · Court of Appeals for the Ninth Circuit · Feb 9, 1966

Elliott is the duly appointed, qualified, and acting trustee of Van’s estate. … so *754 clearly anticipated in the agreement precisely defining their trust quality and manner of handling.

Motel Managers Training School, Inc. v. Gordon Merryfield

347 F.2d 27 · Court of Appeals for the Ninth Circuit · Jun 11, 1965

After it conducted its own market research in the summer of 1962 in Chicago, Illinois, the School determined to establish a franchised school in Chicago, and advertised in the September 2, 1962, issue of the Chicago Tribune … Far from being clearly erroneous, the district court’s material findings and conclusions were overwhelmingly supported by the evidence. Affirmed. 1 .

United States v. Creasia

316 F. App'x 558 · Court of Appeals for the Ninth Circuit · Nov 18, 2008

Claiborne, 765 F.2d 784, 798 (9th Cir.1985) (reliance on a qualified tax accountant must be in good faith), abrogated on other grounds by Ross v. Oklahoma, 487 U.S. 81 , 108 S.Ct. 2273 , 101 L.Ed.2d 80 (1988). … Creasia’s contention that the district court impermissibly shifted the burden to Creasia to prove his innocence fails because it was his burden to establish that the indictment against him should be dismissed for lack of

Sunkist Growers, Inc. v. Winckler & Smith Citrus Products Co.

284 F.2d 1 · Court of Appeals for the Ninth Circuit · Sep 30, 1960

On the other hand, we find it clearly was prejudicial on the issue of damages. … While a great deal of leeway is granted a jury in assessing damage once the fact of injury has been established, the damages alleged must be established as a direct and proximate result of defendant’s violation of the Sherman

Armando Navarro-Lopez v. Alberto R. Gonzales, Attorney General

455 F.3d 1055 · Court of Appeals for the Ninth Circuit · Jul 31, 2006

Such assistance to one *1057 known to have committed a felony is clearly contrary to the accepted rules owed between members of society. … To determine whether a conviction is for a crime involving moral turpitude, we apply the categorical and modified categorical approaches established by the Supreme Court in Taylor v.

United States v. Bad Marriage

Court of Appeals for the Ninth Circuit · Feb 21, 2006

Booker, however, changed that, establishing that application of the Guidelines could not be mandatory. 125 S. Ct. 738, 756-57 (2005). … The fact that some of the district court’s reasons for imposing the long sentence did not violate the law of the case does not, however, immunize the sentence for law of the case purposes.

Oliverto Pirir-Boc v. Eric Holder, Jr.

750 F.3d 1077 · Court of Appeals for the Ninth Circuit · May 7, 2014

As in Pirir-Boc’s case, the IJ found Henriquez-Rivas eligible for asylum but the BIA reversed that determination, holding that 3 “Immutability” is not at issue here, and, in any event, Pirir-Boc’s proposed group clearly … IV To qualify for CAT relief, Pirir-Boc must show that “it is more likely than not that he . . . would be tortured if removed” to Guatemala. Cole v.

United States v. Hans Edling

Court of Appeals for the Ninth Circuit · Jul 12, 2018

An offense qualifies as a “crime of violence” if it is covered by either clause. … We do not view the reasoning of Beckles as “clearly irreconcilable” with our prior circuit authority, and we therefore remain bound by that authority. See Miller v.