Case law

Apache Stronghold v. United States

38 F.4th 742 · Court of Appeals for the Ninth Circuit · Jun 24, 2022

Properly understood, Navajo Nation did not set out a quantitative floor for a “substantial burden” such that all “greater” burdens qualify. … By excluding burdens “short of” those described in Sherbert and Yoder, we left room for a more severe burden to qualify as substantial.

Robert McDaniels v. Richard Kirkland

760 F.3d 933 · Court of Appeals for the Ninth Circuit · Jul 25, 2014

We thus first consider whether, in 2003 when the CCA issued its opinion, it was clearly established that comparative juror analysis was required such that we cannot give deference to the state court here. … While Supreme Court law may have clearly established so strong a preference for comparative 14 MCDANIELS V.

Kyocera Corp. v. Prudential-Bache Trade Services, Inc.

341 F.3d 987 · Court of Appeals for the Ninth Circuit · Aug 29, 2003

It is clearly established that the final judgment of the LaPine I panel, though law of the case and therefore binding on subsequent three-judge panels of this circuit, does not bind the en banc court. … On the other hand, in qualified immunity cases, the Supreme Court has instructed us, as a matter of judicial policy, that we must reach the constitutional question first. See Saucier v.

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

J.L., and K.P., on Behalf of Themselves and All Others Similarly Situated Share Ourselves v. Social Security Administration, Gwendolyn S. King, Commissioner of Social Security, and Louis D. Sullivan, M.D., Secretary of the Department of Health and Human Services, in Their Official Capacities

971 F.2d 260 · Court of Appeals for the Ninth Circuit · Jul 15, 1992

of Non-Discrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Health and Human Services"). 3 14 Section 504 of the Rehabilitation Act of 1973 (as amended) states: 15 No otherwise qualified … the best position to determine what information it needs to make eligibility decisions and to evaluate what burdens would be imposed upon whom by different methods of gathering information. (2) The administrative scheme established

Skokomish Indian Tribe v. United States

332 F.3d 551 · Court of Appeals for the Ninth Circuit · Jun 3, 2003

Therefore, the Tribe challenges the “construction, maintenance, or operation” of the Project and the United States is immune from that challenge. … Moreover, in 1948, the Tribe filed a quiet title action to establish title to a strip of tidelands adjoining the Tribe’s reservation on the Hood Canal. France, 320 F.2d at 206 .

Muckleshoot Indian Tribe v. U.S. Forest Service

177 F.3d 800 · Court of Appeals for the Ninth Circuit · May 19, 1999

The United States has waived sovereign immunity in this case pursuant to 5 U.S.C. § 702 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . … This alternative clearly falls within the range of such reasonable alternatives, and should have been considered.

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.

Watson v. Weeks

436 F.3d 1152 · Court of Appeals for the Ninth Circuit · Feb 8, 2006

It is clearly directed at the aggregate practices of a regulated entity, the state. … Plaintiffs have established a section 1983 right under section 1396a(a)(10). 35 B.

Kahre v. United States District Court for District of Nevada

289 F. App'x 169 · Court of Appeals for the Ninth Circuit · Aug 1, 2008

Petitioner establishes the first two factors, and the last two factors do not apply here. See id. at 816-17, 820, 823 n. 13. … The district court failed to conduct “inquiries ... important to [a] decision that a compelling purpose would be served by denying the defendant his qualified constitutional right to hire counsel of his choice.”

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.

Paulson v. Dean Witter Reynolds, Inc.

905 F.2d 1251 · Court of Appeals for the Ninth Circuit · Jun 6, 1990

The parties clearly expressed their intention to arbitrate "[a]ny controversy" arising between them concerning the Options Trading Agreements. … Although our decision to overrule Wilko establishes a new principle of law for arbitration agreements under the Securities Act, this ruling furthers the purposes and effect of the Arbitration Act without undermining those

Anh Tuyet Thai v. Andrew Saul

Court of Appeals for the Ninth Circuit · Feb 19, 2020

Because it was clearly established at the time of the incident that, absent a warrant or exigent circumstances, a law enforcement officer could not enter a person’s home without consent, these claims against Villasenor … and Sanchez cannot be dismissed at this stage of the proceedings on qualified-immunity 3 grounds.

United States v. Kevin Peterson

902 F.3d 1016 · Court of Appeals for the Ninth Circuit · Sep 4, 2018

“[I]nevitable discovery rulings are mixed questions [of law and fact] that . . . should be reviewed under a clearly erroneous standard.” United States v. Lang, 149 F.3d 1044, 1047 (9th Cir. 1998). … The exclusionary rule does not apply, however, if the government establishes by a preponderance of the evidence that the unlawfully obtained information “ultimately or inevitably would have been discovered by lawful means

USA V. ENRIQUE HOLGUIN

Court of Appeals for the Ninth Circuit · Oct 13, 2022

Figueroa-Lopez, 125 F.3d 1241, 1246-47 (9th Cir. 1997) (testimony about training and experience “clearly” established qualifications to offer expert testimony about the modus operandi of drug dealers). … Alatorre, for example, upheld the district court’s admission of a Customs Service agent’s expert testimony because “voir dire established that” the expert “was qualified to testify” about both the value of the drugs at

Paulino v. Harrison

542 F.3d 692 · Court of Appeals for the Ninth Circuit · Sep 4, 2008

Here, the district court applied that analysis and found by a preponderance of the evidence that Paulino established purposeful discrimination—a finding that was not clearly erroneous. … The district court’s finding is not clearly erroneous. Paulino presented a strong prima facie case of discrimination.

Moss J. Witt, an American Citizen of Choctaw Indian Descent v. The United States of America the Secretary of Interior the U. S. Commissioner of Indian Affairs the Attorney General of the United States, Jackie Laverne Jarman, a Cherokee Indian Citizen v. The United States of America

681 F.2d 1144 · Court of Appeals for the Ninth Circuit · Jul 20, 1982

. § 345 to establish rights to allotments. 2 4 In Witt's district court action, it was undisputed that he could not qualify for an eligibility certificate. … Our mandate in Pence I does not require the BLM to hold hearings when the applicant fails to state facts which would establish eligibility for an allotment. See Pence v.

Taslimi v. Holder

590 F.3d 981 · Court of Appeals for the Ninth Circuit · Jan 4, 2010

The IJ also found Taslimi eligible for protection under the Convention Against Torture, finding Taslimi met her burden of establishing that it was more likely than not that she would be tortured if returned to Iran. … Although the IJ referred to this period as being “two or three days short of six months," it is clearly a period just shy of seven months.

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.

In Re: Universal Life Church, Inc., a California Non-Profit Corporation, Debtor. Universal Life Church, Inc., a California Non-Profit Corporation v. United States of America, in Re: Universal Life Church, Inc., a California Non-Profit Corporation, Debtor. Universal Life Church, Inc., a California Non-Profit Corporation v. United States

128 F.3d 1294 · Court of Appeals for the Ninth Circuit · Dec 30, 1997

However, we need not reach this issue because the IRS's revocation of the Church's tax exempt status clearly falls within an exception to section 362(a). … IRS, 823 F.2d 375, 379 (9th Cir.1987) ("The IRS has the requisite law enforcement mandate and the affidavits presented in this case establish a rational nexus between enforcement of a federal law and the document for which