Case law

Jaclyn Sleater v. Benton County

Court of Appeals for the Ninth Circuit · Jul 9, 2020

The district court granted summary judgment in favor of the County, holding that Sleater had failed to establish municipal liability under Monell v. … , qualified or otherwise . . . .”).

Shahriary v. Teledesic LLC

60 F. App'x 157 · Court of Appeals for the Ninth Circuit · Mar 13, 2003

Weibling, however, merely explained to Shahriary his understanding of what “cause” meant, and the letter signed by Shahriary clearly indicated that a formal definition would be worked out in a future formal contract. … National Origin and Age Discrimination To establish a prima facie case of discrimination under Title VII, a plaintiff must show: (1) that he is a member of a protected class; (2) that he was qualified for the job; (3) that

63 Fair empl.prac.cas. 3, 54 Empl. Prac. Dec. P 40,146 High Tech Gays Timothy Dooling, and All Others Similarly Situated Joel Crawford and Robert Weston v. Defense Industrial Security Clearance Office Director, Defense Industrial Security Clearance Office Defense Investigative Service Director of Defense Investigative Service Secretary of Defense

909 F.2d 375 · Court of Appeals for the Ninth Circuit · Jul 23, 1990

The class of "homosexuals" clearly qualifies as a suspect category, triggering strict judicial scrutiny of any governmental discrimination against them. … qualify as a suspect class, they are precluded from being so because of Bowers v.

Steven T. Seitz v. Robert C. Clark

524 F.2d 876 · Court of Appeals for the Ninth Circuit · Oct 23, 1975

In holding that Roth did not have a property interest sufficient to require a hearing the Court said in part: “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for … The course of dealings between Seitz and the University does not, however, rise to the level of bilateral expectation that the Supreme Court held in Sindermann must be established to create a property interest requiring a

Adrian L. Cristobal v. Jeffrey Siegel

26 F.3d 1488 · Court of Appeals for the Ninth Circuit · Jun 23, 1994

The Cristobals contend that Coral Pit’s motion for summary judgment failed to establish the absence of any question of material fact, and failed to establish an entitlement to summary judgment as a matter of law. … We recognize the local Guam courts as uniquely qualified to resolve the many statutory and common law issues raised in the Cristobals appeal.

Bozo Kelava v. Alberto R. Gonzales, Attorney General

410 F.3d 625 · Court of Appeals for the Ninth Circuit · Jun 7, 2005

The Court first considered whether Congress clearly directed the law to be applied retrospectively, concluding that it had not. 533 U.S. at 316-20 , 121 S.Ct. 2271 . … To prove removability, the government need only establish that Kelava “engaged in” a terrorist activity “at any time after admission”; there is no requirement that he be “convicted of’ engaging in such actions. 8 U.S.C. §

Lockyer v. Mirant Corp.

398 F.3d 1098 · Court of Appeals for the Ninth Circuit · Feb 9, 2005

The Attorney General’s suit clearly satisfies the “public interest” test, for it is brought to protect the interest of all electricity consumers in northern California. … We hold, further, that the suit qualifies under the exception to the automatic stay for “police or regu- latory power” under 11 U.S.C. § 362(b)(4).

Sudomir v. McMahon

767 F.2d 1456 · Court of Appeals for the Ninth Circuit · Aug 12, 1985

Although this section establishes that “permanently” does not mean “forever,” see Holley, 558 F.2d at 851, it also establishes that it does not embrace transitory, inchoate, or temporary relationships. … Congress intended to “end[ ] the ... ad hoc use of the parole authority, which ha[d] been implemented by custom rather than clearly defined by law.” S.Rep.

DHL Corp. & Subsidiaries v. Commissioner

285 F.3d 1210 · Court of Appeals for the Ninth Circuit · Apr 11, 2002

Determining whether DHLI qualifies as a “de *1217 veloper” or “assister” under the § 482 regulations (see infra Part V) constitutes such an inquiry. … Thus, the first and most important factor clearly favors DHLI as the developer of the foreign trademark rights.

Stone v. Ward

632 F.2d 740 · Court of Appeals for the Ninth Circuit · Nov 24, 1980

II 6 The district court's ruling on the merits was clearly correct. As our decision in Carpenters Pension Trust v. … The district court found that Noel, by virtue of her interest in Ward's benefits, qualified as a "participant" within the meaning of section 502(a)(1)(B). 11 At first blush, Noel would not seem to qualify as a "participant

Hing Sum v. Holder

602 F.3d 1092 · Court of Appeals for the Ninth Circuit · Apr 23, 2010

Yin Hing Sum, a native of Hong Kong and citizen of China, was denied a § 212(h) waiver because he was convicted of a qualifying offense after his admission as a lawful permanent resident (“LPR”). … The record does not establish that Sum was convicted of second-degree criminal coercion in 1987, but only that he was arrested for this offense.

Tapia v. Gonzales

Court of Appeals for the Ninth Circuit · Dec 5, 2005

GONZALES who has briefly departed the United States for such a reason can still satisfy the ten-year presence prerequisite to qualify for cancellation of removal by including the time spent here before the brief absence. … See Reyes- Vasquez, 395 F.3d at 907-08 (observing that those cases in which a finding of a break in continuous presence has been upheld, the threat of deportation was clearly expressed and understood by the alien and the

Equal Employment Opportunity Commission, and Shawn Hogya, James Francis, James Akins, and Chris Wilson, Intervenors-Appellants v. United Parcel Service, Inc., Larry Bryan and Ignacio Torres, and Tim Hancock, Jeff Morales, Creg Quiroz, and Mark Jensen v. United Parcel Service, Inc., Larry Bryan, Tim Hancock, Jeff Morales, Ignacio Torres, Creg Quiroz, and Mark Jensen v. United Parcel Service, Inc.

424 F.3d 1060 · Court of Appeals for the Ninth Circuit · Sep 15, 2005

Some established routes are served by those lighter vehicles. Id. at 1125 . … We agree with UPS that, for purposes of FEHA's safety-of-others defense, this finding is clearly erroneous.

Phelps Dodge Corporation, a New York Corp. v. State of Arizona, State Land Department, and Andrew L. Bettwy, State Land Commissioner

548 F.2d 1383 · Court of Appeals for the Ninth Circuit · Feb 25, 1977

That an exchange under the former method could occur with a reservation in favor of only one of the parties is clearly envisioned by the Grazing Act. … However, the Court held that the patents in Allison did not fall within the rule established in that earlier line of cases, as the officer there was clearly authorized to reserve rights of way for highways in the land. 6

United States v. Robin G. Lamont

330 F.3d 1249 · Court of Appeals for the Ninth Circuit · Jun 9, 2003

At least one sentence of the facts offered by the government clearly refers to a national or regional institution, “SUBUD Pacific Northwest.” … Like the Fifth Circuit, we agree that being insured by an out-of-state insurer does not establish that a building is used for an activity in interstate commerce.

Dc Comics v. Mark Towle

Court of Appeals for the Ninth Circuit · Sep 23, 2015

causes of action for copyright infringement, trademark infringement, and unfair competition arising from Towle’s manufacture and sale of the Batmobile replicas.3 Towle denied that he had infringed upon DC’s 3 DC clearly … Although evidence of intent to confuse buyers may be relevant to establishing that the defendant’s actions were willfully calculated to exploit the advantage of an established mark, Towle points to no authority holding that

Colin Dickey v. Ron Davis

69 F.4th 624 · Court of Appeals for the Ninth Circuit · May 31, 2023

Circuit precedent does not clearly establish federal law for purposes of § 2254(d)(1). Marshall v. Rodgers, 569 U.S. 58, 64 (2013). … of clearly established federal law.

Ray E. Loehr v. Ventura County Community College District

743 F.2d 1310 · Court of Appeals for the Ninth Circuit · Sep 26, 1984

He then granted summary judgment in favor of the individual defendants, holding they possessed qualified immunity under both federal and state law from Loehr's suit. … V 44 Because of our holdings above, we need not reach the question of the individual Trustees' immunity. See generally Harlow v.

Hersh v. United States

68 F.2d 799 · Court of Appeals for the Ninth Circuit · Jan 29, 1934

The trustee in bankruptcy qualified October 21, 1930. … We think instruction No. 10 *806 should have been given and is not clearly covered by any instruction given.

Henry GRISBY, Petitioner-Appellant, v. James BLODGETT, Respondent-Appellee

130 F.3d 365 · Court of Appeals for the Ninth Circuit · Nov 19, 1997

The proffered evidence, if true, would establish that Johnson gave perjured testimony. … Even if this testimony was admitted in a separate trial, the testimony would not have clearly exculpated Grisby. Jennifer Frazier’s statement merely confirms that Frazier initiated the shooting and shot each victim.