Case law

American Rivers v. Federal Energy Regulatory Commission

187 F.3d 1007 · Court of Appeals for the Ninth Circuit · Aug 11, 1999

Here, the final environmental impact statement clearly considered the alternatives urged by the petitioners. … That mechanism, the publication of findings, clearly qualifies the mandatory clause of subsection 10©(1) and is expressly contemplated in the phrase “[s]ubject to paragraph (2)” that prefaces the mandatory language.

James A. Montgomery, on Behalf of Himself and All Others Similarly Situated v. American Airlines, Inc., a Corporation

637 F.2d 607 · Court of Appeals for the Ninth Circuit · Feb 23, 1981

As applied to the Federal Aviation Act, clearly Plaintiff as a passenger is within the class of persons intended to be protected, the Congress did not express any intent as to a private remedy for damages, and a cause of … The letter went on to state that “If Sky Chefs qualifies only as an ‘affiliate’ of American then pass privileges for Sky Chefs personnel must be restricted as required by Part 223.2(b)(1)”. In a later letter, Mr.

Employers Insurance of Wausau v. National Union Fire Insurance Co. of Pittsburgh

933 F.2d 1481 · Court of Appeals for the Ninth Circuit · May 20, 1991

, we are properly qualified, as well. … , we are properly qualified, as well.

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

Ronald L. BOETTCHER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

759 F.2d 719 · Court of Appeals for the Ninth Circuit · Apr 30, 1985

Salfi and Eldridge express the established principle that the availability of judicial review for “colorable” eonstitutional claims is presumed. … Since a state agency made the initial disability determination, Boettcher contends this determination is immune from review under Section 404.946(B)(1).

UNITED STATES of America, Plaintiff-Appellee, v. Robert John COLLINS, Defendant-Appellant

109 F.3d 1413 · Court of Appeals for the Ninth Circuit · Mar 27, 1997

Employing another person to perform a criminal act does not immunize the principal from the acts of his agent. See United States v. … Collins contends that the jury’s verdict that Collins was guilty of count 4 cannot be relied upon as establishing that he acted with the intent to murder.

United States v. Steven G. Huggins Vicki Jo Jensen Dahcota Whip Hagen Rhonda Taylor

299 F.3d 1039 · Court of Appeals for the Ninth Circuit · Aug 6, 2002

We therefore conclude that the magistrate judge did not clearly err in granting the second warrant. … And the mere fact of filiation did not immunize Hagen’s property from search in the face of probable cause to believe that it was being put to illicit use.

Immigrant Assistance Project of the Los Angeles County Federation of Labor v. Immigration & Naturalization Service

306 F.3d 842 · Court of Appeals for the Ninth Circuit · Sep 24, 2002

To meet this requirement, these students had to “producer ] documentation from a school ... which establishes that the said school forwarded to the [INS] a report that clearly indicated the applicant had violated his or her … Under CSS III, these allegations are not sufficient to establish standing.

Carpenters Southern California Administrative Corp. v. Russell

726 F.2d 1410 · Court of Appeals for the Ninth Circuit · Feb 28, 1984

(Russell) established a contracting business as a sole proprietor under the name Larry Russell Construction. … Such factors clearly permit consideration of the circumstances that Carpenters Southern argues should be controlling.

James Cooper v. Cir

Court of Appeals for the Ninth Circuit · Dec 15, 2017

Relevant here, the Commissioner disagreed that the royalty payments from TLC qualified as capital gains; he disagreed that the Pixel promissory note debt qualified as a bad debt deduction; and he assessed penalties for those … For the reasons that follow, we hold that the Tax Court did not clearly err.

Chester Nelson v. People of the State of California, Robert A. Heinze, Warden

346 F.2d 73 · Court of Appeals for the Ninth Circuit · Jun 22, 1965

The District Court, however, concluded that Nelson had deliberately by-passed established state procedure whereby he could have raised his constitutional claims, and denied the writ on that ground. Fay v. … and ability to deliver him from the powerful forces of the law enforcement officers, the district attorney and the court, who had combined their powerful skills together to deprive said Appellant of rights, privileges and immunities

Stratman v. Leisnoi Inc

Court of Appeals for the Ninth Circuit · Oct 6, 2008

To qualify as a “native village” under ANCSA, the Secre- tary must determine that: (A) twenty-five or more Natives were residents of an established village on the 1970 census enumeration date as shown by the … Congress clearly had the authority to designate Leisnoi an eli- gible village and to confer upon Leisnoi public lands.

UNITED STATES of America, Plaintiff-Appellee, v. Marty WEBB, Defendant-Appellant

115 F.3d 711 · Court of Appeals for the Ninth Circuit · Jun 9, 1997

"Evidence of this kind may be sufficient alone to establish a perpetrator's identity. See United States v. … Estelle, 948 F.2d 1497 (9th Cir.1991) (holding that admission of testimony which denominated appellant's modus operandi in previously uncharged and charged crimes was not clearly erroneous) Evidence of individual modus operandi

Portland General Electric Co. v. U.S. Bank Trust National Ass'n

218 F.3d 1085 · Court of Appeals for the Ninth Circuit · Jul 17, 2000

PGE requested that the district court (1) appoint an appraiser, and (2) provide the appointed appraiser with detailed instructions that included a specific instruction establishing the proper valuation method. 3 Prior to … Under Oregon contract law, “[w]hen a contract clearly expresses that a third person is to make final decisions respecting specified matters, such agreement is enforceable.” Lincoln Constr., Inc. v. Thomas J.

Irons v. Carey

Court of Appeals for the Ninth Circuit · Nov 5, 2007

In prison, though, “his conduct has been exemplary.”5 Irons says that deprivation of parole for this murderer would violate due process of law under “clearly established” Supreme Court law, unless it was supported by … Court has “clearly established that a parole board’s decision” must be supported by “some evi- dence” in Superintendant v.

Dhl Corporation v. Civil Aeronautics Board

584 F.2d 914 · Court of Appeals for the Ninth Circuit · Oct 26, 1978

To the extent that the Board’s statement or finding goes beyond a reference to the § 416(a) classification power, it is clearly erroneous. … We quote therefrom: “A new section 418 is added to the Act establishing certificates for all-cargo air service.

United States v. Hilgers

Court of Appeals for the Ninth Circuit · Mar 11, 2009

Furthermore, section 2B1.1(b) of the Guidelines was clearly written with the assumption that the amount of loss could be ascertained. … Ascribing a loss of $0 to Hilgers’ conduct because the losses may or may not happen clearly understates the seriousness of the violation.

Walczak v. EPL Prolong, Inc.

198 F.3d 725 · Court of Appeals for the Ninth Circuit · Dec 3, 1999

In reaching this conclusion, the Court relied on the “well-established rule” that an unsecured creditor seeking legal remedies cannot obtain a preliminary injunction that freezes a debt- or’s assets in order to ensure the … Moreover, we did not find any California cases interpreting UFTA’s definition of “creditor,” or discussing whether shareholders qualify as “creditors” under UFTA.

Blankenship v. Liberty Life Assur. Co. of Boston

486 F.3d 620 · Court of Appeals for the Ninth Circuit · May 18, 2007

The lump-sum payment could be distributed directly to Blankenship, or he could elect to "roll it over into an IRA or other tax qualified vehicle." … However, the IRC is clearly relevant; it provides the backdrop for Liberty Life's arguments.

Charles Guenther v. Lockheed Martin Corporation

972 F.3d 1043 · Court of Appeals for the Ninth Circuit · Aug 25, 2020

understood the effect of the Plan Amendment (i.e., his prior credited service would not bridge under the Plan), and this understanding clearly conflicted with LMC’s representations during employment negotiations and in the … This qualifies as actual knowledge for purposes of Section 1113.