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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.
Cited 0 timesPublished544 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
Cited 2 timesPublishedHerrera 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.
Cited 0 timesPublishedBoston Marine Ins. v. Metropolitan Redwood Lumber Co.
197 F. 703 · Court of Appeals for the Ninth Circuit · Jul 15, 1912
And in La Bourgogne, the court affirmed that the law was to be administered in a spirit of fairness with the view of giving to shipowners the full benefit of the immunities intended to be secured by it for the encouragement … loss, was competent, or to indicate that the company had at any time made any inquiry as to his knowledge of the dangerous agent they were about to introduce upon their vessels, or his fitness to handle it. ,The case is clearly
Cited 21 timesPublishedUnited States v. Barbara Mouzin, United States of America v. Alfonso Carvajal
785 F.2d 682 · Court of Appeals for the Ninth Circuit · Mar 18, 1986
In enacting the statutory definition of “financial institution,” the Ninety-First Congress clearly directed the reporting obligation to legitimate commercial institutions. See H.R.Rep. … It is apparent that the conduct of defendant Mouzin qualified her as a “financial institution” under the Act.
Cited 115 timesPublishedUnited States v. Phu Tan Luong
266 F. App'x 630 · Court of Appeals for the Ninth Circuit · Feb 12, 2008
Under these circumstances, the district court’s determination that Zybul did not act with reckless disregard is not clearly erroneous. Cf. … Second, even if Luong could establish reckless or intentional falsity on the part of Zybul, he cannot establish the second prong of materiality. Zybul’s affidavit goes well beyond allegations of overbilling for Ensure.
Cited 0 timesPublishedRetirement Fund Trust of the Plumbing, Etc. v. Franchise Tax Board
909 F.2d 1266 · Court of Appeals for the Ninth Circuit · Jul 16, 1990
They are not contrary to other law. 76 The regulations are also consistent with Congress’ overall intent in establishing the ERISA scheme. … The Internal Revenue Code, 26 U.S.C. § 3405 , "Special Rules for Pension, Annuities, and Certain Other Deferred Income," describes qualified pension plans. 26(a) U.S.C. § 3405(a)(l)-(2) establish optional withholding from
Cited 45 timesPublishedChildress v. Darby Lumber, Inc.
357 F.3d 1000 · Court of Appeals for the Ninth Circuit · Feb 6, 2004
Appellants seek to qualify for this “faltering company” exception because they were in the process of seeking a line of credit from U.S. Bank. … As appellees obtained a $60,345.45 judgment against appellants, appellees clearly prevailed under this definition. The attorney’s fees standards from cases such as Christiansburg Garment Co. v.
Cited 31 timesPublished515 F.2d 100 · Court of Appeals for the Ninth Circuit · Apr 17, 1975
as a “retail or service establishment” within the meaning of § 213(a)(2). … In this case, the contracts clearly failed to comply with the requirements of the exception calling for an explicit agreement as to a regular hourly wage.
Cited 64 timesPublished184 F. App'x 606 · Court of Appeals for the Ninth Circuit · Jun 8, 2006
Because Pope’s petition is governed by the Antiterrorism and Effective Death Penalty Act (AEDPA), to qualify for habeas relief, he must demonstrate that the state court’s determination resulted in an unreasonable application … of clearly established federal law, or that the decision was based on an unreasonable determination of the facts in light of the evidence presented.
Cited 0 timesPublishedUnited States v. Cabrera-Gutierrez
756 F.3d 1125 · Court of Appeals for the Ninth Circuit · Jun 3, 2013
In making this comparison, we follow the categorical approach established in Taylor v. … The district court erred, however, in applying the modified categorical approach to determine that Cabrera qualified as a Tier III sex offender.
Cited 48 timesPublished268 F.2d 623 · Court of Appeals for the Ninth Circuit · Jun 30, 1959
A common law court in felony cases was constituted by a qualified judge and a jury of twelve persons of the vicinage chosen and sworn according to established formula in the presence of defendant. 20 Once these ritualistic … a qualified jury impaneled and sworn in a duly qualified court, jeopardy attached. 68 Leary could not put himself in jeopardy by his consent for the proceeding to go forward.
Cited 8 timesPublishedEdward Peruta v. County of San Diego
824 F.3d 919 · Court of Appeals for the Ninth Circuit · Jun 9, 2016
California law authorizes county sheriffs to establish and publish policies defining good cause. … He sought a license to carry a concealed firearm in May 2009, but was told he eo.uld not establish good cause under his county’s policy.
Abrogated on other grounds by New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1 (2022)Cited 86 timesPublishedJulian C. Stanford and Elizabeth C. Stanford v. Commissioner of Internal Revenue
297 F.2d 298 · Court of Appeals for the Ninth Circuit · Oct 23, 1961
The requirement of bona fide residence is qualified by the requirement that such bona fide residence must be “for an uninterrupted period [including] an entire taxable year.” … Clearly if taxpayer had continued in the status of a non-resident alien the United States would have never acquired jurisdiction to tax any income earned by him from sources outside the United States.
Cited 17 timesPublished83 F.3d 428 · Court of Appeals for the Ninth Circuit · Apr 24, 1996
The unreasonable detention claim is one in which the issue of qualified immunity merges into the merits of the claims. … established legal principles.
Cited 0 timesUnpublishedProvidence Health System-Washington v. Thompson
353 F.3d 661 · Court of Appeals for the Ninth Circuit · Dec 17, 2003
We hold that the plain language of 42 C.F.R. § 413.30 (e) does not clearly address whether Summitview’s ownership of the bed rights it transferred to Providence constitutes previous ownership. … In turn, the Secretary determined that the sale of the bed rights qualified as a CHOW as reflected in its Provider Reimbursement Manual (PRM).
Cited 5 timesPublishedGeorge Maiden, Jr. v. William Bunnell John Van De Kamp
35 F.3d 477 · Court of Appeals for the Ninth Circuit · Sep 19, 1994
When read in context, they evidence Randall’s attempt to establish a rapport with Maiden in front of the jury. … The judge’s remark was a sarcastic barb, 6 directed at Wight, who the judge thought was qualified to serve, but for his self-proclaimed bias.
Cited 38 timesPublishedCalifornia Alliance of Child & Family Services v. Allenby
589 F.3d 1017 · Court of Appeals for the Ninth Circuit · Dec 14, 2009
The CWA further provides that any state with an approved plan “shall make foster care maintenance payments on behalf of each” qualifying child. 42 U.S.C. § 672(a)(1). … Rather, because the State Plan requires annual CNI adjustments and California clearly has not fully complied with that requirement (or obtained relief from that obligation), reversal can and should be based on that ground
Cited 6 timesPublished901 F.2d 730 · Court of Appeals for the Ninth Circuit · Apr 6, 1990
rather than secular only if such a determination is necessary to the resolution of appellants' claims. 14 Once a sufficient factual record is developed, the district courts should also reconsider whether the defendants are immune … from damage liability because their actions were objectively reasonable in light of the legal rules that were clearly established at the time of their actions.
Cited 0 timesPublished
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