Case law

United States v. Robert L. Beecroft, Arthur T. Harrison, James F. Hennig, and Delbert L. Rogers

608 F.2d 753 · Court of Appeals for the Ninth Circuit · Dec 14, 1979

The question of Beecroft’s intent is clearly answered in the testimony of Frank Maxfield, project manager at DMI. … The foundation for offering the report was established by the testimony of Goff and Raymond Mahony, the local Dun and Bradstreet representative.

United 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.

Heidi Hazelquist v. Stephan

695 F. App'x 341 · Court of Appeals for the Ninth Circuit · Aug 15, 2017

government official that Hull’s decision to temporarily commit Hazelquist violated her clearly established right to due process. … Button, 810 F.3d 609, 615-16 (9th Cir. 2015) (setting forth qualified immunity analysis); see also In re Detention of June Johnson, 322 P.3d 22, 28 (Wash Ct.

46 Fair empl.prac.cas. 1027, 46 Empl. Prac. Dec. P 37,935 Caribbean Marine Services Company, Inc., a California Corporation Carlos A. Garcia v. Malcolm Baldrige, Secretary of Commerce of the United States Anthony Calio, Administrator, National Oceanic and Atmospheric Administration William Evans, Assistant Administrator for Fisheries, National Marine Fisheries Services E.C. Fullerton, Southwest Regional Director, National Marine Fisheries Service, Caroline M. Corp., Inc. Jose R. Rebelo Francisco M. Nunes, Plaintiffs v. Malcolm Baldrige, Secretary of Commerce of the United States Anthony J. Calio, Administrator, National Oceanic and Atmospheric Administration William Evans, Assistant Administrator for Fisheries Service E.C. Fullerton, Southwest Regional Director, National Marine Fisheries Service, Defendants

844 F.2d 668 · Court of Appeals for the Ninth Circuit · Apr 14, 1988

An injunction may also be set aside if the district court misapprehended the law in its preliminary assessment of the merits, or premised its conclusions on clearly erroneous findings of fact. Id. … This interest, as well as the interest in protecting and preserving marine mammals, is clearly implicated by the issuance of the preliminary injunction in this case. See, e.g., Kent v.

Avery Dennison Corp. v. Allendale Mutual Insurance

310 F.3d 1114 · Court of Appeals for the Ninth Circuit · Nov 14, 2002

qualify as covered property under Allen-dale’s policy. … "[W]hen an occurrence is clearly not included within the coverage afforded by the insuring clause, it need not also be specifically excluded.” Glavinich v. Commonwealth Land Title Ins.

Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Valley Towing Co., Inc., a Corporation and Robert Dyar

515 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.

Arnold G. Dorsey, A.K.A. Engelbert Humperdinck v. National Enquirer, Inc.

973 F.2d 1431 · Court of Appeals for the Ninth Circuit · Aug 17, 1992

The California courts have established a standard to determine when this essentially mixed question of law and fact is treated as a question of law. … The article also clearly states that Jetter made the allegation during a family court proceeding.

United States v. Arteaga

117 F.3d 388 · Court of Appeals for the Ninth Circuit · Jun 13, 1997

In such "double hearsay” situations, each statement must qualify under some exemption or exception to the hearsay rule. … Of course, in the safe-cracking hypothetical, a crime had clearly been committed; the only question was whether the defendant was involved.

Hemple v. Raymond

144 F. 796 · Court of Appeals for the Ninth Circuit · Feb 5, 1906

. ■ the point that the language of section 257, which allows the recovery of “double the amount of the interest so received or collected,” directly refers to and qualifies the words “usurious interest” and authorizes a judgment … The burden is upon the plaintiff in error to show clearly and affirmatively from the record itself the facts constituting error. This rule is so firmly established as to require no citation of authorities.

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.

Edward 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.

Marietta Page v. Telford Work

290 F.2d 323 · Court of Appeals for the Ninth Circuit · May 3, 1961

In order to qualify under California law to publish legal notices, a newspaper must be a newspaper of general circulation as defined by law. … This finding is not clearly erroneous. This ease is unlike Lorain Journal v. United States, supra, or Greenspun v.

Crystal Sweet v. Ruiz

Court of Appeals for the Ninth Circuit · Jul 6, 2022

Likewise, she has not established as a matter of law that she suffered a violation of her Eighth Amendment rights. See Somers v. Thurman, 109 F.3d 614, 622–23 (9th Cir. 1997); cf. Bearchild v. … Also, because we affirm the district court’s summary judgment, we need not address Defendants’ additional arguments regarding qualified immunity and Eleventh Amendment immunity.

Independent Acceptance Co. v. California

204 F.3d 1247 · Court of Appeals for the Ninth Circuit · Mar 9, 2000

. §§ 1396 -1396u, provides for the establishment of the Medicaid program. … To qualify for federal assistance, states must submit to the Secretary, and secure the Secretary’s approval of, a plan for medical assistance.

Smith v. University of Washington

392 F.3d 367 · Court of Appeals for the Ninth Circuit · Dec 20, 2004

Although the plaintiffs appear to contest some of these findings, at least in part, they have not established that the findings are clearly erroneous. 1 During each of the years in question, the Law School received about … The Law School did not establish any racial quotas, targets or goals for admission or enrollment.

United 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.

ANITA GREEN V. MISS UNITED STATES OF AMERICA

Court of Appeals for the Ninth Circuit · Nov 2, 2022

Qualified immunity is an example: “The basic thrust of the qualified-immunity doctrine is to free officials from the concerns of litigation ….” Ashcroft v. Iqbal, 556 U.S. 662, 685 (2009). … established law.”

William D. Little v. Commissioner of Internal Revenue

106 F.3d 1445 · Court of Appeals for the Ninth Circuit · Feb 11, 1997

The facts of this case clearly establish that the properties in question were held by Taxpayer for sale to customers in the ordinary course of that business. … He has also indicated on the return his conclusion that the transactions qualify for capital gains treatment, and *1453 characterized the transactions in that way on the forms submitted.

Oswalt v. RESOLUTE INDUSTRIES, INC.

642 F.3d 856 · Court of Appeals for the Ninth Circuit · Jun 16, 2011

was no “affirmative admissible proof of a causal link” 3 The district court did not consider Webasto’s argument — raised only in its reply brief — that Way’s testimony was inadmissible because he was not a properly qualified … RESOLUTE INDUSTRIES 8203 between Albrecht’s actions and the fire, the district court clearly erred by finding that Albrecht caused the fire.

Simon v. Intercontinental Transport (ICT) B.V.

882 F.2d 1435 · Court of Appeals for the Ninth Circuit · Aug 16, 1989

Simon and Moss contend that the descriptions of coverage in MTC’s policies establish the maritime nature of the insured interests in this case. … The second passage describes longshore workers and other employees who may qualify for benefits under the act as engaging in “maritime employment.” 92 Cong. Rec. 36,381 (1972).