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.

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 . . . .

Gomez-Saballos v. Immigration & Naturalization Service

79 F.3d 912 · Court of Appeals for the Ninth Circuit · Mar 22, 1996

Gomez-Saballos has clearly met the "well-founded fear of persecution” standard. … This remand is necessary to determine whether Gomez-Saballos will qualify for benefits attendant only to a grant of asylum. See, e.g., Artiga Turcios v.

Schneider v. TRW, Inc.

938 F.2d 986 · Court of Appeals for the Ninth Circuit · Jul 10, 1991

First, as I have already mentioned, the evidence does not indisputably *1005 establish that Schneider was an at-will employee. … First, I do not contend for a moment that the prudential concerns in Gibbs establish a mandatory or inflexible rule.

United States v. Beadion

Court of Appeals for the Ninth Circuit · Jul 18, 2005

Ct. 738 (2005), the factual determination of “brandishing” for purposes of establishing a statutory minimum sentence must be admitted by the defendant or proved by a jury beyond a reasonable doubt. … The addition of “possess[ion] [of] a firearm” clearly broadens the realm of possible conduct that qualifies for the five-year mandatory minimum sentence. The 1998 amendments also added the definition of “brandish.”

Francisco Garfias-Rodriguez v. Eric Holder, Jr.

Court of Appeals for the Ninth Circuit · Oct 19, 2012

It was clearly foreshadowed by the BIA’s earlier ruling in In re Torres-Garcia, 23 I. & N. … Otherwise, he, like the non-citizen here, is eligible and may be granted such relief, if he otherwise qualifies.

Aachc v. Ahcccs

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

“Federally-qualified health center services (as defined in subsection (l)(2) of this section) and any other ambulatory services offered by a Federally-qualified health center and which are otherwise … In Douglas, we held that CMS’s approval of a state plan may qualify for Chevron deference. See 738 F.3d at 1014.

Lukovsky v. City and County of San Francisco

535 F.3d 1044 · Court of Appeals for the Ninth Circuit · Aug 7, 2008

The announcement contained the following requirement: Verification (proof) of all experience and/or training needed to qualify must be submitted with the application.... … We went on to note in passing that receipt of “written notice of termination would clearly shorten the inquiry concerning the employee’s knowledge of termination date (though not necessarily knowledge of an unlawful employment

United States v. Kenneth Door

996 F.3d 606 · Court of Appeals for the Ninth Circuit · Apr 28, 2021

Door tries to downplay the significance of this conviction by arguing that the record contains no plea colloquy establishing that he understood the nature of felony harassment. … With respect to Door’s sentence, the district court did not clearly err in finding that the pre-trial threats Door made could reasonably be construed as an attempt to obstruct justice.

James R. Woolery v. A.J. Arave, Warden, Idaho Maximum Security Institution

8 F.3d 1325 · Court of Appeals for the Ninth Circuit · Oct 26, 1993

The law of procedural defaults clearly demonstrates the error that underlies the majority’s overreading of footnote 37. Like Stone v. Powell the procedural default doctrine is based upon equitable principles. … The majority’s decision is ironic in light of the holding of another panel of this court that civil rights plaintiffs who fail to cite the relevant qualified immunity cases to the district court forfeit their right to have

United States v. Lamon Lee Christensen

18 F.3d 822 · Court of Appeals for the Ninth Circuit · Apr 4, 1994

establish that it was voluntarily and intelligently made. … If the district court were to conclude that Christensen's mental illness qualified as an extraordinary case, it would be authorized to depart downward under U.S.S.G. §§ 5H1.3 and 5K2.0.

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.

Darrell Bedoni v. Navajo-Hopi Indian Relocation Commission

878 F.2d 1119 · Court of Appeals for the Ninth Circuit · Jun 20, 1989

On internal administrative appeal, Darrell's contacts were described as "so tangential as to be ephemeral" and "clearly recreational and social." … The applicant must also qualify as a resident as a threshold matter. See NHIRC Management Manual Sec. 206.6.

William Tedards, Jr. v. Doug Ducey

951 F.3d 1041 · Court of Appeals for the Ninth Circuit · Feb 27, 2020

But neither does the report offer an interpretation of the proviso that would clearly prohibit this. … The law therefore required a false statement regarding political views and clearly discriminated against candidates from new and small parties. Id. at 445–46.

Hulteen v. At&t Corporation

Court of Appeals for the Ninth Circuit · Aug 17, 2007

To qualify for the benefit, an eligible employee had to accrue twenty years of service as measured by the same NCS system applied to Hulteen. Id. … With respect, Pallas was clearly wrong.

United States v. Los Angeles Soap Co.

83 F.2d 875 · Court of Appeals for the Ninth Circuit · May 14, 1936

There was a failure by an owner to fulfill the condition on which immunity depended.” See, also, The Guildhall (C.C.A.2) 64 F. 867, 868, 869 . … The testimony of Bower, however, does not establish that neglect at Kobe did not increase the contamination of the cocoanut oil.

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.

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.

Rooney v. United States

203 F. 928 · Court of Appeals for the Ninth Circuit · Mar 10, 1913

The charges against the plaintiff in error clearly come within the class of charges mentioned in the section above set forth. … Of course, if the crime he committed through the instrumentality of another, the acts of such instrument essential to establish the guilt of the person on trial must be shown.

Silvia Lopez v. Genevieve Shiroma

668 F. App'x 804 · Court of Appeals for the Ninth Circuit · Sep 14, 2016

The district court ruled that defendants lacked official immunity by denying their absolute immunity defense and declining to reach qualified immunity. … Defendants are, however, entitled to qualified immunity.