Case law

United States v. Ronald Keith Baker, United States of America v. Robert Majors

25 F.3d 1452 · Court of Appeals for the Ninth Circuit · Jun 6, 1994

If in the process of the takeover Union acquired all of California First’s claims, Union clearly qualified as a victim under Smith . However, it is the government’s burden to establish the loss sustained by a victim. … Because the government has “written plea agreements in the past which clearly” include a promise by the defendant to pay restitution for unconvicted offenses (as in Soderling), we cannot read the plea agreement in this case

William Breck v. Roger Doyle

Court of Appeals for the Ninth Circuit · Nov 15, 2019

The Individual Defendants may well be entitled to various forms of federally- 5 recognized common-law immunities, such as judicial or qualified immunity. … See Will, 491 U.S. at 67 (“[I]n enacting § 1983, Congress did not intend to override well-established immunities or defenses under the common law.”); see also Hirsh v.

Navarro v. Mukasey

518 F.3d 729 · Court of Appeals for the Ninth Circuit · Mar 4, 2008

The IJ concluded that the "stop-clock" rule applied as of April 1, 1997 — the date of the hearing — and that, under the new rule, the Navarros were unable to establish seven years of continuous physical presence prior to … It cannot reasonably be assumed that scheduling their hearing for March 31 or some earlier date was out of the question, *738 so it is clearly possible that the directive influenced the IJ to push the new hearing date past

Fiorito v. Clyde Equipment Co.

2 F.2d 807 · Court of Appeals for the Ninth Circuit · Dec 15, 1924

At the conclusion of the evidence the District Court orally determined the issues, but *809 in holding that the evidence did not establish the misrepresentation or fraud alleged, the court unfortunately failed to remember … The writing, with the warranty thus qualified and limited, he presented to Fiorito for signature, without informing him that it radically departed from the agreement.

Luis Mujica v. Airscan Inc.

771 F.3d 580 · Court of Appeals for the Ninth Circuit · Nov 12, 2014

But the Court held that this situation did not qualify as a “true conflict,” explaining that “[n]o conflict exists, for these purposes, where a person subject to regulation by two states can comply with the laws of both.” … In light of' the forcefully expressed views of the State Department, we conclude that that point has clearly been reached in this case. 2.

Provenz v. Miller

102 F.3d 1478 · Court of Appeals for the Ninth Circuit · Sep 11, 1996

As the court explained, “[a]n expert’s eonclusory allegations that a defendant acted with scienter are insufficient to defeat summary judgment where the record clearly rebuts any inference of bad faith.” Id. at 1426 . … Thus, to determine whether the “bespeaks caution” doctrine immunizes defendants’ allegedly false and misleading statements, we must analyze what, if any, cautionary statements defendants made.

Rexall Drug Co. v. Nihill

276 F.2d 637 · Court of Appeals for the Ninth Circuit · Mar 3, 1960

I have a qualified opinion. “Q. All right, would you please state that opinion, Doctor? A. … Northern Pacific Railway Co., 27 N.D. 302 , 146 N.W. 550 at page 555, in discussing the same principle we said: “ ‘The rule of probabilities has perhaps been as clearly stated by the Supreme Court of Idaho in the case *645

William Cecil Pool v. United States

260 F.2d 57 · Court of Appeals for the Ninth Circuit · Oct 13, 1958

Upon being questioned, they denied connection with any of the several recent burglaries in which slot machines had been taken from business establishments *60 According to Gaither, Chief Pool and Detective Carlson shortly … Two 8 x 10 black and white photographs of Sage were taken by the Clark County Sheriff’s Office on February 29, 1956, (Pltff’s Exs. 27, 28) which clearly showed numerous severe bruises on the chest and upper abdomen.

Northwest 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.”

Ireneo P. Parrilla v. Alberto R. Gonzales , Attorney General

414 F.3d 1038 · Court of Appeals for the Ninth Circuit · Jul 11, 2005

The BIA affirmed in a reasoned decision, holding that: An offense may qualify as “sexual abuse of a minor” under section [1101 (a) (43) (A)] of the Act if it involves “the employment, use, persuasion, inducement, enticement … Melton, 344 F.3d 1021 , 1029 n. 4 (9th Cir.2003) (police affidavit establishing probable cause).

Jarvis v. Regan

833 F.2d 149 · Court of Appeals for the Ninth Circuit · Nov 27, 1987

Accordingly, the LSC is authorized to distribute funds by grant or contract to qualified legal aid organizations. 42 U.S.C. § 2996e(a). … Clearly, the issuance of an injunction would not serve any remedial purpose, since the complained-of conduct occurred prior to the 1980 election.

Alton Box Board Company v. Esprit De Corp.

682 F.2d 1267 · Court of Appeals for the Ninth Circuit · Apr 23, 1982

A claim does not arise under federal law within the meaning of section 1331 where it relies on federal law only to establish an immunity or defense which would preclude the declaratory judgment defendant from successfully … That anticipated federal defenses do not suffice to establish federal question jurisdiction is a principle too well-established in this circuit to merit discussion. See, e.g., Arizona v. Atchison, Topeka & Santa Fe R.

Charles Emanuel White and John Lewis v. United States

394 F.2d 49 · Court of Appeals for the Ninth Circuit · Jun 4, 1968

Their testimony of statements made by Lewis and White (introduced only against the declarant) qualifies as admissions of a party. 4 Wigmore § 1048, et seq. (3d ed. 1940); Witkin, California Evidence, § 220 (1958); A.L.I. … State of Arizona clearly has no application to this ease.DMiranda applies only to cases where the trial began after June 13, 1966. Johnson v.

11 Fair empl.prac.cas. 1285, 10 Empl. Prac. Dec. P 10,553 Sonja Lynn Berg, Individually and on Behalf of All Other Female Employees of the Richmond Unified School District v. Richmond Unified School District

528 F.2d 1208 · Court of Appeals for the Ninth Circuit · Dec 9, 1975

Section 1343(3) grants the district courts original jurisdiction of civil actions 5 '(nt)o redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity … However, we read this statutory requirement in the light of the well-established principle that procedural niceties should not be employed to impede a Title VII claimant from obtaining a judicial hearing on the merits.

United States v. Reed

575 F.3d 900 · Court of Appeals for the Ninth Circuit · Aug 4, 2009

These findings are not clearly erroneous. … These findings are not clearly erroneous. 14 .

Nigg v. USPS

Court of Appeals for the Ninth Circuit · Feb 4, 2009

FLSA overtime and availability pay differ significantly, both in terms of the hours of work required to qualify, and the way in which pay is calculated. … salary test . . . would qualify as exempt . . . employ- ees under the special proviso for high salaried [administrative] employees . . . .

United States v. Craig Decker, United States of America v. Raymond W. Marriott

600 F.2d 733 · Court of Appeals for the Ninth Circuit · Jul 9, 1979

A hotline system was established to permit immediate telephone notice to the concerned tribes of regulatory changes. … Seber, 318 U.S. 705 , 63 S.Ct. 920 , 87 L.Ed. 1094 (1943) (federally granted tax immunity); McClanahan v. Arizona State Tax Comm’n, 411 U.S. 164 , 93 S.Ct. 1257 , 36 L.Ed.2d 129 (1973) (same); Simmons v.

Chairez v. Mayorkas

Court of Appeals for the Ninth Circuit · Mar 5, 2026

DISCUSSION The APA waives the United States’ sovereign immunity with respect to suits brought by persons injured by certain agency actions, and it creates a right of judicial review. 5 U.S.C. § 702. … Thus, Bouarfa also is clearly irreconcilable with the methodology that we employed in ANA International and its progeny.

Poore v. Simpson Paper Co.

544 F.3d 1062 · Court of Appeals for the Ninth Circuit · Sep 22, 2008

But this statement merely establishes what occurs if a benefit vests — it does not explain how a benefit vests. [4] Similarly, the other precedents that the majority cites establish only that a vested right is "forever unalterable … [T]hese rights are vested. " 8 Corbin on Contracts § 30:5, p. 8 (rev. ed.1999) (emphases added); see also 13 Williston on Contracts § 38:1 (stating that a condition that qualifies a party's duty to perform does not qualify

Herrera v. US. Citizenship and Immigration

Court of Appeals for the Ninth Circuit · Jul 6, 2009

Additionally, the AAO concluded that the evidence of her role at the time of the 2001 interview was also insufficient to establish eligibility for approval of the I-140 petition. … Had Congress intended to constrain the agency’s revocation authority, it easily could have expressed that intent clearly.