Case law

Maloney v. Spencer

172 F.2d 638 · Court of Appeals for the Ninth Circuit · Feb 11, 1949

Aside from the directors’ qualifying shares, taxpayer owned all the shares of these corporations. … Thus these two corporations started with an established business, but without cash for their operating expenditures.

Oberson v. United States Department of Agriculture, Forest Service

441 F.3d 703 · Court of Appeals for the Ninth Circuit · Mar 20, 2006

The FTCA waives the federal govern- ment’s immunity from suit for a discrete class of lawsuits. 28 U.S.C. §§ 2671-80 (2005). … a mistaken judgment in a matter clearly involving [policy] choices.”

Gonzales v. Department of Homeland Security

508 F.3d 1227 · Court of Appeals for the Ninth Circuit · Nov 30, 2007

Here the agency has spoken clearly through the policy statement contained in the Interoffice Memorandum and its application of this policy in a number of cases. … The BIA’s decision is clearly reasonable and is therefore entitled to Chevron deference under Brand X .

B.S. v. Placentia-Yorba Linda Unified School District

306 F. App'x 397 · Court of Appeals for the Ninth Circuit · Jan 5, 2009

The District requested a due process hearing to establish that the individualized educational plan (“IEP”) developed for B.S. and placement offer for the 2005-2006 school year was adequate. … The issues to be tried were clearly laid out in the Prehearing Conference Order, and witness lists had been exchanged.

United States v. Mohammad Reza Mehrmanesh, Patricia Mehrmanesh, and Abofazl Mehrmanesh

652 F.2d 766 · Court of Appeals for the Ninth Circuit · Feb 9, 1981

In Abney , the Supreme Court established a three-part test to determine whether an interlocutory appeal should be allowed. … Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972), which established a balancing test to determine whether a defendant’s speedy trial right has been violated.

Edwin Hardeman v. Monsanto Company

997 F.3d 941 · Court of Appeals for the Ninth Circuit · May 14, 2021

The cases on which the district court relied do not establish otherwise. … NHL is a cancer that affects white blood cells in the immune system.

Elliott v. Bumb

356 F.2d 749 · Court of Appeals for the Ninth Circuit · Mar 22, 1966

Elliott is the duly appointed, qualified, and acting trustee of Van's estate. Security filed a petition under the provisions of Chapter XI of the Bankruptcy Act on January 16, 1964, and its bankruptcy was adjudicated. … so clearly anticipated in the agreement precisely defining their trust quality and manner of handling.

Poore v. Simpson Paper Co.

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 Con- tracts § 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

Lueleni Maka, Dba Maka's Akamai Service, and Maka's Akamai Service Inc. v. U.S. Immigration & Naturalization Service

904 F.2d 1351 · Court of Appeals for the Ninth Circuit · Jun 4, 1990

The CAHO held that [t]he evidence in this proceeding clearly establishes that Kapetaua ‘quit’ working for Maka’s sometime in December 1986, and thereby terminated his employment relationship with [Maka]. … The CAHO held that the record clearly establishes that Kapetaua quit working for Maka, both as a tree trimmer and as a farmhand, 18 to work for a new employer, Isileli (“Isi”) Fantupo.

Ahir v. City of Los Angeles

Court of Appeals for the Ninth Circuit · Apr 10, 2025

To the extent Plaintiffs base a seizure claim on the fencing and closure of the Motel in 2023, that action was clearly permitted by the accompanying abatement warrant. Fifth Amendment takings. … Servs., 436 U.S. 658 (1978), and qualified immunity against the individual Defendants necessarily fail. See Dougherty v. City of Covina, 654 F.3d 892, 900 (9th Cir. 2011); Wood v.

Bilger v. Nunan

199 F. 549 · Court of Appeals for the Ninth Circuit · Sep 4, 1912

the various questions entering into the application of common-law rules or statutory provisions in their construction.,We think that an examination of one case referred to by the court below' is sufficient authority to establish … The presumption is that Hanly was at that time the duly qualified and acting administrator of the estate, and that under the statute of the state of Oregon he was entitled to the possession and control of the property.

95 Cal. Daily Op. Serv. 5875, 95 Daily Journal D.A.R. 10,012 in the Matter of the Requested Extradition of James Joseph Smyth. United States of America v. James Joseph Smyth

61 F.3d 711 · Court of Appeals for the Ninth Circuit · Dec 11, 1995

Article 3(a), however, clearly contains such a requirement. … The district court ruled that because the presumptions were not successfully rebutted, Smyth qualified for the Article 3(a) defense to extradition.

Committee of Central American Refugees v. Immigration & Naturalization Service

795 F.2d 1434 · Court of Appeals for the Ninth Circuit · Jul 31, 1986

, 523 (9th Cir.1984). “ ‘The decision to grant or deny is within the discretion of the trial court and will only be reversed if that discretion has been abused or if the decision is based on erroneous legal standards or clearly … Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference.” In Hampton v.

Willie Jones, Sr. v. United States

Court of Appeals for the Ninth Circuit · May 11, 2022

Therefore, the court should have asked whether § 113(a)(6) qualified as a crime of violence under the elements clause. … First, the majority is clearly wrong that we have never confronted this question.

Natural Grocers v. Brooke Rollins

Court of Appeals for the Ninth Circuit · Oct 31, 2025

appropriate, in order for the food to be a bioengineered food,” 7 U.S.C. § 1639b(b)(2)(B) (emphasis added), the statute unmistakably directs the agency to set the levels of bioengineered substances that, if present, will qualify … Because we conclude that the discretionary authority granted in § 293(b)(2)(B) could allow the AMS to address the issue of detectability by setting relevant “amounts of a bioengineered substance” that, if present, would qualify

UNITED STATES of America, Plaintiff-Appellant, v. Charles Kevin GREEN, Defendant-Appellee

105 F.3d 1321 · Court of Appeals for the Ninth Circuit · Jan 30, 1997

Congress clearly intended for judges to be able to mitigate the stringencies of the Guidelines; however, this type of departure seems more akin to ignoring the Guidelines altogether. C. … Construing § 841(b) to give effect to every provision, it appears that § 841 establishes the probation ban as the ultimate floor in case the mandatory minimum sentence is somehow avoided.

Giusti v. Pyrotechnic Industries, Inc.

156 F.2d 351 · Court of Appeals for the Ninth Circuit · Jun 27, 1946

“A foreign corporation which has qualified to transact business in this State may surrender its right to engage in such business within the State by filing in the office of the Secretary of State a certificate executed and … The liability to appellant created by the conspirators is clearly within this statutory provision.

Teamsters Local 315 v. Union Oil Company of California

856 F.2d 1307 · Court of Appeals for the Ninth Circuit · Sep 2, 1988

In addition, it maintains that the bargaining *1310 history does not establish that the underlying grievance is outside the scope of the grievance and arbitration provisions of the agreement. A. … when that employee is physically and/or medically qualified to do the job.

John Ward, Individually and as Administrator of the Estate of Anton Ward Helen Ward Helen Ward Tucker Betty Ward Fisher Jean Ward Thompson Lillie Ward Manns v. City of San Jose, a Municipal Corporation Joseph D. McNamara Individually and as Chief of San Jose Police Department, and Richard Vasquez, Individually and as Police Officer of the City of San Jose James Rodrigues, Individually and as Police Officer of the City of San Jose Humberto Renteria, Individually and as Volunteer Reserve Police Officer of the City of San Jose, John Ward, Individually and as Administrator of the Estate of Anton Ward Helen Ward Helen Ward Tucker Betty Ward Fisher Jean Ward Thompson Lillie Ward Manns Sabrina Ward, Minor v. City of San Jose, a Municipal Corporation Joseph D. McNamara Individually and as Chief of San Jose Police Department Richard Vasquez, Individually and as Police Officer of the City of San Jose Humberto Renteria, Individually and as Volunteer Reserve Police Officer of the City of San Jose, John Ward, Individually and as Administrator of the Estate of Anton Ward, and Delissa Ward, Guardian Ad Litem of Minor Sabrina Ward Sabrina Ward, Minor v. City of San Jose, a Municipal Corporation Richard Vasquez, Individually and as Police Officer of the City of San Jose James Rodrigues, Individually and as Police Officer of the City of San Jose Humberto Renteria, Individually and as Volunteer Reserve Police Officer of the City of San Jose, John Ward, Individually and as Administrator of the Estate of Anton Ward Helen Ward Helen Ward Tucker Betty Ward Fisher Jean Ward Thompson Lillie Ward Manns v. City of San Jose, a Municipal Corporation, and Richard Vasquez, Individually and as Police Officer of the City of San Jose James Rodrigues, Individually and as Police Officer of the City of San Jose Humberto Renteria, Individually and as Volunteer Reserve Police Officer of the City of San Jose, John Ward, Individually and as Administrator of the Estate of Anton Ward Helen Ward Helen Ward Tucker Betty Ward Fisher Jean Ward Thompson Lillie Ward Manns v. City of San Jose, a Municipal Corporation Joseph D. McNamara Individually and as Chief of San Jose Police Department Richard Vasquez, Individually and as Police Officer of the City of San Jose James Rodrigues, Individually and as Police Officer of the City of San Jose Humberto Renteria, Individually and as Volunteer Reserve Police Officer of the City of San Jose

967 F.2d 280 · Court of Appeals for the Ninth Circuit · Jun 16, 1992

This seizure exclusively implicates the fourth amendment, as Graham and Reed clearly hold. … immunity against that theory and the parties' various challenges to the district court's evidentiary rulings.

Merrick v. Farmers Insurance Group

892 F.2d 1434 · Court of Appeals for the Ninth Circuit · Jan 3, 1990

Finally, we reach Merrick’s primary argument, that he was better qualified than Schienost. … On the other hand, “stray” remarks are insufficient to establish discrimination.