Case law

Western Pioneer, Inc. v. United States

709 F.2d 1331 · Court of Appeals for the Ninth Circuit · Jul 8, 1983

Because they were not engaged exclusively in carrying fisheries related cargo, Western Pioneer’s vessels did not qualify for that exemption. … The statutes at issue here are clearly safety statutes within the Coast Guard’s power to administer and enforce.

Luis Toro-Romero v. John Ashcroft, Attorney General

382 F.3d 930 · Court of Appeals for the Ninth Circuit · Aug 30, 2004

Ashcroft, 277 F.3d 1137, 1141 (9th Cir.2002) (“[W]e retain jurisdiction [over] the BIA’s determination of the purely legal and hence non-discretionary question whether Montero-Her-nandez’s adult daughter qualifies as a ‘child … The Service, in its brief, clearly states that Toro-Romero has never been charged with removal as an aggravated felon.

Delta Mechanical, Inc. v. Garden City Group, Inc.

345 F. App'x 232 · Court of Appeals for the Ninth Circuit · Aug 26, 2009

A party is a third-party beneficiary to a contract if the terms of the contract “clearly express intent to benefit that party or an identifiable class of which the party is a member.” Nitro Distrib., Inc. v. … There can be no doubt that Delta qualifies as “authorized service personnel.”

Isabel YANEZ, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee

63 F.3d 870 · Court of Appeals for the Ninth Circuit · Oct 23, 1995

The district court may grant a motion for judgment on the pleadings “when the moving party clearly establishes on the face of the pleadings that no material issue of fact remains to be resolved and that it is entitled to … Federal Tort Claims Act The FTCA waives the sovereign immunity of the United States for claims based on the negligent or wrongful acts of United States employees. 28 U.S.C. § 1346 .

Saratoga Fishing Co. v. Marco Seattle Inc., and J.M. Martinac & Co. Caterpillar Tractor Co. Southwest Marine Hardware, Inc., Saratoga Fishing Co. v. Marco Seattle Inc. Southwest Marine Hardware, Inc. Caterpillar Tractor Co. J.M. Martinac & Co., Saratoga Fishing Co. v. J.M. Martinac & Co.

69 F.3d 1432 · Court of Appeals for the Ninth Circuit · Oct 26, 1995

Thus, if a manufacturer's product is altered by a seller or other intermediary, the manufacturer might be immune from strict liability. See Restatement Sec. 402A cmt. p. … The district court's determination is not clearly erroneous and the apportionment of two-thirds liability to Saratoga Fishing will not be disturbed. 65 Saratoga Fishing next argues that Marco and Martinac failed to establish

United States v. Richard Annigoni

96 F.3d 1132 · Court of Appeals for the Ninth Circuit · Sep 23, 1996

The case law does not appear to establish such a rigid dichotomy, however. … Clearly, the proper remedy for the improper use of a peremptory challenge is automatic reversal.

Gaines v. City of Phoenix

116 F.3d 484 · Court of Appeals for the Ninth Circuit · Jun 9, 1997

At the very least, he was required under clearly established federal law to conduct an inquiry into whether such an order existed, and, if so, what legal effect it had. See id. … immunity.

In Re: Superior Stamp & Coin Co., Inc.

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. … Thus, we apply a clearly erroneous standard to the bankruptcy court's findings of fact and review its conclusions of law de novo. See id.

Elden Clay Maynard v. City of San Jose Les White James Daniels Jack Atkinson and Nancy Jackson, Elden Clay Maynard v. City of San Jose Les White James Daniels Jack Atkinson and Nancy Jackson

37 F.3d 1396 · Court of Appeals for the Ninth Circuit · Nov 22, 1994

Reversal is appropriate only if the court based its decision "on an error of law or clearly erroneous findings of fact." United States v. … Having done so, we need not address the defendants' argument that they were entitled to qualified immunity on Maynard's federal claims. 49 V.

Ocean Advocates, a Non-Profit Organization Fuel Safe Washington, a Non-Profit Organization North Cascades Audubon Society, a Non-Profit Organization Dan Crawford, an Individual Re Sources, a Non-Profit Organization v. United States Army Corps of Engineers Ralph H. Graves, Bp West Coast Products, Llc, F/k/a Atlantic Richfield Company, Intervenor-Appellee. Ocean Advocates, a Non-Profit Organization Fuel Safe Washington, a Non-Profit Organization North Cascades Audubon Society, a Non-Profit Organization Dan Crawford, an Individual Re Sources, a Non-Profit Organization v. United States Army Corps of Engineers Ralph H. Graves, Bp West Coast Products, Llc, F/k/a Atlantic Richfield Company, Intervenor-Appellant

402 F.3d 846 · Court of Appeals for the Ninth Circuit · Mar 4, 2005

Id. at 399 , 107 S.Ct. 750 . 40 OA's interests clearly meet the lenient zone of interests test. … We hold that the permit that the Corps issued qualifies as such a final agency action. II.

United States v. Smyth

61 F.3d 711 · Court of Appeals for the Ninth Circuit · Jul 27, 1995

Article 3(a), however, clearly contains such a requirement. … The district court ruled that because the presumptions were not successfully rebutted, Smyth qualified for the Article 3(a) defense to extradition.

San Luis Obispo Coastkeeper v. Usdoi

Court of Appeals for the Ninth Circuit · Oct 26, 2020

The Santa Maria Water Conservation District’s (“District”) prior litigation to establish groundwater rights within the Santa Maria Valley (“Santa Maria Valley Groundwater Litigation”) did not qualify as a comprehensive … To be sufficiently “comprehensive” to waive sovereign immunity pursuant to the McCarran Amendment, United States v.

Kulvir Singh Barapind v. Jerry J. Enomoto, United States Marshal for the Eastern District of California

400 F.3d 744 · Court of Appeals for the Ninth Circuit · Mar 9, 2005

The Federation is dedicated to establishing an independent sovereign Sikh nation. … Barapind contends that India did not establish probable cause to believe he committed these crimes.

Regents Of The University Of California v. Heckler

771 F.2d 1182 · Court of Appeals for the Ninth Circuit · Sep 13, 1985

Moreover, if upon applying the incorrect legal standard on remand, the Secretary were to conclude that the expenses in question had not been reasonably incurred, the propriety of that standard might prove immune from our … The House and Senate reports accompanying the cost limit legislation clearly evidence Congress' intent that the limits were to operate on a presumptive, rather than conclusive, basis and that providers would have the right

United States v. Stuart Alan Wilbur

427 F.2d 947 · Court of Appeals for the Ninth Circuit · Jul 20, 1970

In pertinent part that regulation reads “In Class II-S shall be placed any registrant who has requested such deferment * * * ” Wilbur’s selective service file clearly shows that Wilbur never requested a student deferment. … There is law to the effect that a national administrative agency which promulgates regulations may not ignore the procedures thus established. Smith v. Resor, (2 Cir. 1969) 406 F.2d 141, 145 ; Hammond v.

Phillip Lemons v. Bill Bradbury

Court of Appeals for the Ninth Circuit · Aug 13, 2008

BRADBURY standard, nor do they prove that the district court was clearly erroneous in finding that “overall we have a fairly coherent set of results.” … After all, the fact that the same name appeared on both petitions does not establish that both signatures matched the voter registration card.

Jerry R. Sharp Curtis Beard, AKA Tony Wilson Elmer Campbell Joel Scott Reimer Ronald L. Petersen Joseph Aqui Gilberto Soliz Herman R. Paschke Richard G. Turay John F. Hall Paul Begay Randy Pedersen Anthony Gallegos Dennis Pryor Rolando T. Aguilar Samuel William Donaghe v. David B. Weston William Dehmer John Anderson-Taylor Norm Nelson Kim Vandoren Jack Sowers John Rush Crystal Dixon Brenda Nelson John Linard Al Nerio Peter Helsel Scott Neil John Doe Jane Lanning Jean Soliz, Director of Department of Social and Health Services Mark J. Seling, Phd Robert Smith, Phd, Richard Garrett Turay v. David Special Commitment Center Mark Seling Dr. John Taylor-Anderson, Individually and in His Marital Community and in His Official Capacity at the Special Commitment Center at Monroe, Wa Norm Nelson, Individually and in His Marital Community and in His Official Capacity at the Special Commitment Center at Monroe, Wa William Dehmer Joan Kirchoff Karen Sullivan Scott Neil Peter Hazel, Each in Their Individual Capacity and in Their Official Capacity as Employees of the Department of Social and Health Services Richard Bosse, in His Individual Capacity as an Employee of the Department of Corrections Steve Wahl Andre Simon

233 F.3d 1166 · Court of Appeals for the Ninth Circuit · Nov 30, 2000

A party seeking modification or dissolution of an injunction bears the burden of establishing that a significant change in facts or law warrants revision or dissolution of the injunction. See Bellevue Manor Assocs. v. … Id. at 323 . 13 At the time of the initial Turay Injunction in 1994, SCC was without a clinical director who was qualified to deal with sex offenders.

Olivas-Motta v. Holder

746 F.3d 907 · Court of Appeals for the Ninth Circuit · May 17, 2013

Silvar-Trevino establishes a three-step analysis. At the first step, applying Taylor v. … The Attorney General’s new definition conflicts with a clear and long-established definition of “conviction.”

96 Cal. Daily Op. Serv. 2987, 96 Daily Journal D.A.R. 4967 Timothy Dale O'Keefe v. Ronald Van Boening, Wsp Associate Superintendent James Spalding, Director Dop Carol A. Murphy, Assistant Attorney General of Washington

82 F.3d 322 · Court of Appeals for the Ninth Circuit · Apr 30, 1996

Although the State Officials had filed a motion for summary judgment before the district court ruled in favor of O'Keefe, that motion only developed the facts necessary to support the State Officials' claim of qualified immunity … Even assuming that the DOC Mail Policy does have such a chilling effect, the State Officials have established that legitimate penological interests justify the policy. Cf. Witherow v.

Jones v. Bates

127 F.3d 839 · Court of Appeals for the Ninth Circuit · Oct 7, 1997

The fact that Bates’ campaign committee contributed a minute fraction of the costs of the Eu litigation fails to establish privity. … This finding is not clearly erroneous. See Sorosky v. Burroughs Corp., 826 F.2d 794, 805 (9th Cir.1987).