Case law
Opinions from 1658 to today.
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Campbell River Timber Co. v. Vierhus
86 F.2d 673 · Court of Appeals for the Ninth Circuit · Nov 30, 1936
meeting by the holders or owners of at least seventy-five per cent * * * of the bonds represented at such meeting and thereat or subsequently approved in writing by both Timber Company and Trustee, signed by their duly qualified … Such modification could arguably be considered as effecting a new obligation, which clearly could be taxable.
Cited 9 timesPublished177 F.3d 1096 · Court of Appeals for the Ninth Circuit · May 12, 1999
Upon cross-motions for partial summary judgment, the Tax Court held that Boyd would qualify for the exception to the 80% cap if it could establish factually that the meals furnished to its employees constituted a "de minimis … The determination that a taxpayer failed to produce sufficient evidence to support a deduction constitutes a factual finding subject to the "clearly erroneous" standard of review. Id.; see also Sacks v.
Cited 2 timesPublishedUnited States v. Howard Hernandez
251 F.3d 1247 · Court of Appeals for the Ninth Circuit · Dec 28, 2001
Although unequivocally establishing that Rule 32 requires "reasonable notice," the Court explicitly left open the question of when notice must be given to qualify as reasonable. … The record clearly reflects that while counsel requested a continuance as to one proposed ground for departure, counsel did not make a similar request as to the ground now urged as error.
Cited 37 timesPublishedCourt 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.
Cited 0 timesPublishedWayne Adair v. City Of Kirkland
185 F.3d 1055 · Court of Appeals for the Ninth Circuit · Aug 6, 1999
. 23 The officers also argue that the City does not qualify for a 7(k) exemption because it failed to keep records as mandated by 29 C.F.R. … While the officers argue that the issue is preserved for appeal because it was necessarily decided by the court below, this is clearly incorrect.
Cited 0 timesPublished603 F.3d 706 · Court of Appeals for the Ninth Circuit · May 3, 2010
Negligent or reckless conduct does not qualify. The California statute in question penalizes conduct that is only grossly neg- ligent. … The Sentencing Guidelines at § 2K2.1 establish an enhancement for a prior conviction that is a “crime of violence.” That provision incorporates by reference the definition of “crime of violence” found at U.S.
Cited 22 timesPublished175 F.3d 707 · Court of Appeals for the Ninth Circuit · Apr 30, 1999
The court rejected the officers' overtime argument by finding that the City qualified for a limited "7(k) exemption" from the FLSA's normal overtime provisions. 12 The district court's ruling defeated most of the officers … While the officers argue that the issue is preserved for appeal because it was necessarily decided by the court below, this is clearly incorrect.
Cited 0 timesPublished141 F.3d 1306 · Court of Appeals for the Ninth Circuit · Apr 15, 1998
. § 6511 , which establishes a two-year statute of limitations from the' time the tax is “paid” if the taxpayer did not file a timely return. … The governing Treasury regulation clearly required Ott to remit “estimated” payments, 26 C.F.R. § 1.6081-4 (a)(4) (1987).
Cited 19 timesPublishedBolton v. Construction Laborers' Pension Trust For Southern California
943 F.2d 1117 · Court of Appeals for the Ninth Circuit · Aug 30, 1991
As a result of this ruling, the district court found it unnecessary to consider the estoppel argument "to establish the fact of involuntariness." 3 We reverse and remand for further proceedings consistent with this opinion … The sum of Levi's two terms of covered employment is clearly more than the minimum of fifteen years required for vesting under the Plan. 7 In 1979, 1984, and 1985, the Plan confirmed in writing that Levi was vested in a pension
Cited 0 timesPublished82 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.
Cited 0 timesPublishedUnited States v. Nathan Wilson
123 F.4th 1021 · Court of Appeals for the Ninth Circuit · Dec 19, 2024
Indeed, violence is not immune from prosecution merely because it is cloaked in political ideology. … The district court held that targeting violent lawbreakers with “anti- government” views “qualifies as an arbitrary classification within the meaning” of the Fifth Amendment Due Process Clause. But that’s wrong.
Cited 2 timesPublishedNorthwest Environmental Advocates, a Non-Profit Oregon Corporation and Nina Bell v. City of Portland
56 F.3d 979 · Court of Appeals for the Ninth Circuit · Jun 7, 1995
Although water pollution is unfortunate, it beggars credulity to argue that this alternative is so clearly more in the public interest than the CSO events. The district court’s findings are not clearly erroneous. … This language clearly contemplates citizen suits to enforce “a permit or condition thereof.”
Cited 64 timesPublished652 F.2d 837 · Court of Appeals for the Ninth Circuit · Nov 20, 1981
resolution was not clearly foreshadowed .... … In Bowen we first applied a threshold test to determine whether the decision at issue established a new rule. If a new rule was established, we then applied a three-pronged analysis set out in Stovall v.
Cited 1 timesPublished283 F.3d 1070 · Court of Appeals for the Ninth Circuit · Mar 13, 2002
To succeed in establishing his claim, he had to establish by a preponderance of the evidence (1) that he engaged in conduct protected by the First Amendment, and (2) that this constitutionally protected conduct was a motivating … Finally, all the defendants clearly were aware of Allen’s appearance before the legislature. This appearance took place before the final act of retaliation — denying Allen the Physician II position.
Cited 79 timesPublished518 F.3d 714 · Court of Appeals for the Ninth Circuit · Mar 3, 2008
In determining whether a conviction qualifies as a crime involving moral turpitude, we apply the categorical and modified categorical approaches set forth in Taylor v. … In removal proceedings, the alien has the burden of establishing that he is “ ‘clearly and beyond doubt entitled to be admitted and is not inadmissible.’ ” Pichardo v.
Cited 71 timesPublishedMaria Marta Florez-De Solis v. Immigration and Naturalization Service
796 F.2d 330 · Court of Appeals for the Ninth Circuit · Aug 8, 1986
The IJ clearly stated that he applied the “well-founded fear” standard to Solis’ request for asylum and the “clear probability” standard to her request for withholding of deportation. … CONCLUSION The BIA’s decision that Solis does not qualify for asylum or withholding of deportation is affirmed. The petition for review is DENIED. .
Cited 60 timesPublished491 F.3d 1109 · Court of Appeals for the Ninth Circuit · Jul 5, 2007
Here, the district judge clearly stated her reasons. 8038 UNITED STATES v. … Rather, it held that Stilley had failed to demonstrate that he qualified for the privilege of appointment pro hac vice under the Criminal Justice Act.
Cited 17 timesPublished580 F. App'x 552 · Court of Appeals for the Ninth Circuit · Jun 23, 2014
2003), was part of the procedural due process claim that Frias preserved for trial, the fact that neither the district judge nor the jury considered whether there was “some evidence,” bearing “indicia of reliability,” to establish … For the same reason, we affirm the district court’s holding that Marshall was entitled to qualified immunity.
Cited 0 timesUnpublishedApple Computer, Inc. v. Formula International Inc.
725 F.2d 521 · Court of Appeals for the Ninth Circuit · Feb 8, 1984
In 1974, the National Commission on New Technological Uses of Copyright Works (CONTU) was established by Congress to consider, inter alia, to what extent computer programs should be protected by copyright law. … Nimmer suggested that it might be desirable to limit copyright protection for software to those computer programs which produce works which themselves qualify for copyright protection. CONTU Report at 27.
Overruled on other grounds by Flexible Lifeline Systems., Inc. v. Precision Lift, Inc., 654 F.3d 989 (2011)Cited 172 timesPublishedUnited States v. Randolph George
420 F.3d 991 · Court of Appeals for the Ninth Circuit · Aug 23, 2005
Clarity of the Law George first argues that, as a matter of law, he lacked wilfulness to commit a crime because the law governing allocation of receiver fees was not clearly established at the time of the offense. … The district court’s determination that the predicate law was clearly established is a question of law which we review de novo. See United States v. Schulman, 817 F.2d 1355, 1358 (9th Cir.1987) (citing United States v.
Cited 47 timesPublished
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