Case law

Campbell v. Board of Trustees of the Leland Stanford Junior University

817 F.2d 499 · Court of Appeals for the Ninth Circuit · May 13, 1987

A person’s “profession” under section 16600 is not so expansive to include all work for which he is qualified. … Furthermore, undisputed facts establish that the exclusive license was consistent with Stanford’s established practice. 1.

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

Jennie Beltran v. Michael Astrue

Court of Appeals for the Ninth Circuit · Nov 14, 2012

Although, in Walker, we never established what number of jobs qualifies as “very rare” or generally unavailable, a comparison to other cases shows that this case fits comfortably under Walker’s purview. 8 … In short, when compared to other cases, 135 regional surveillance monitor jobs qualifies as a “very rare” number.

Janet Bell v. City of Boise

709 F.3d 890 · Court of Appeals for the Ninth Circuit · Mar 7, 2013

To qualify as available, the space must take into account sex, marital and familial status, and disabilities.” … A majority vote of the city council is required to pass or adopt an ordinance, and the subject of the ordinance must be clearly expressed in the title. Idaho Code. § 50-902.

Alfonso Blake v. Kim Thomas

Court of Appeals for the Ninth Circuit · Dec 24, 2024

However, that statement conflicts with the plain language of AR 814 and does not establish that Blake was ineligible for the CFD. … Thomas also argues he is entitled to qualified immunity. Finally, Thomas argues NDOC had a “legitimate penological reason” for denying Blake’s CFD request, citing the four-factor test in Turner v.

Yakima Valley Memorial Hospital v. Washington State Department of Health

731 F.3d 843 · Court of Appeals for the Ninth Circuit · Sep 23, 2013

The Department worked with Health Management Associates (“HMA”), an operator of acute-care hospitals, on 1 Earlier federal laws from the 1970s, now repealed, required states to pass Certificate laws in order to qualify … CONCLUSION Memorial did not establish that the challenged regulations burdened interstate commerce or that the putative safety benefits were illusory.

William F. Wehrly and Elizabeth Ann Wehrly v. United States

808 F.2d 1311 · Court of Appeals for the Ninth Circuit · Jun 20, 1986

As indicated in the distinction made in the burden of proof between two classes of taxpayers, Congress clearly separated dealers from customers when it so intended. … CONCLUSION The trial court erred in instructing the jury that for the Wehrlys to qualify for a loss deduction their primary motive must be profit. 2 REVERSED and REMANDED. 3 .

Barbara Jackson v. East Bay Hospital

246 F.3d 1248 · Court of Appeals for the Ninth Circuit · Apr 19, 2001

"As the text of the statute clearly states, the hospital's duty to stabilize the patient does not arise until the hospital first detects an emergency medical condition." Eberhardt v. … that the provision in § 1317(c) precluding liability "if a refusal to render emergency services or care... is based on the determination, using reasonable care, that the person is not suffering from an emergency condition" establishes

United States v. James Henry Patterson

678 F.2d 774 · Court of Appeals for the Ninth Circuit · Jun 2, 1982

Grand Jury Testimony Testifying under a grant of immunity, James McKay (defendant’s nephew) told the grand jury on March 10, 1980, the defendant had told him the forklifts were obtained from a man in California and they had … The findings of the trier of fact will not be set aside unless clearly erroneous. Anderson, 642 F.2d at 285 .

United States v. Gomez-Leon

Court of Appeals for the Ninth Circuit · Sep 23, 2008

Consequently, we cannot say that all convictions under section 11379(a) qualify for the enhancement. … Kelly, 422 F.3d 889, 895 (9th Cir. 2005) (“Under the modified categorical approach, the government has the burden to establish clearly and unequivocally the conviction was based on all of the elements of a qualifying predicate

Bryant v. California Brewers Ass'n

585 F.2d 421 · Court of Appeals for the Ninth Circuit · Nov 3, 1978

Clearly, section 4(a)(1) does not provide for incremental increases in employment rights or benefits based on length of overall service. By its nature, the 45-week provision is an all-or-nothing proposition. … The 45-week provision establishes a dividing line between two classes of these employees, temporary and permanent.

Helen Doe v. Thomas Horne

115 F.4th 1083 · Court of Appeals for the Ninth Circuit · Sep 9, 2024

This finding is not clearly erroneous. … Appellants’ argument rests on the flawed premise that the Act qualifies as remedial legislation.

Fahey v. O'Melveny & Myers Federal Home Loan Bank of San Francisco v. O'Melveny & Myers

200 F.2d 420 · Court of Appeals for the Ninth Circuit · Dec 17, 1952

The basis of the asserted “lien” of San Francisco, on the impounded funds is clearly indicated in these documents. … United States, 272 U.S. 533, 536 , 47 S.Ct. 186 , 71 L.Ed. 394 , But the Act does not waive sovereign immunity to suit in actions of the character above noted.

Thomas Menhorn v. Firestone Tire & Rubber Co.

738 F.2d 1496 · Court of Appeals for the Ninth Circuit · Aug 3, 1984

Menhorn offered no opposition to Firestone’s version of the facts as •established in its supporting declarations. … The burden of proof on the issue of arbitrary and capricious action by Firestone was clearly on Menhorn.

Maronyan v. Toyota Motor Sales, U.S.A., Inc.

658 F.3d 1038 · Court of Appeals for the Ninth Circuit · Sep 20, 2011

“Congress, of course, need not use magic words in order to speak clearly on this point.” Henderson, 131 S.Ct. at 1203. … Our inquiry simply turns on whether Congress has tied jurisdiction to the exhaustion requirement; in this case, it clearly has.

Hegness v. Chilberg

224 F. 28 · Court of Appeals for the Ninth Circuit · May 10, 1915

It is only where the facts and circumstances surrounding the case clearly show that illegal means or improper and deceptive influences and methods were used to procure the contract that the maxim ‘in pari delicto’ applies … It only established an agreed basis for any settlement that might be made, after the allowance and payment of the claim, as to the attorney’s compensation.

Air v. Usepa

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

A minor source is not subject to offset requirements unless the state chooses to establish them as part of the SIP. B. … Section 110(k)(6) itself does not clearly define what is an “appropriate” action.

Frank Waterhouse, Ltd. v. Rock Island Alaska Min. Co.

97 F. 466 · Court of Appeals for the Ninth Circuit · Oct 19, 1899

It was clearly not only within the scope of his employment, but his duty, in the emergency, to do that which the owner would do for himself if personally present. … It follows that there was evidence sufficient to establish the fact that Capt.

James Styers v. Charles Ryan

811 F.3d 292 · Court of Appeals for the Ninth Circuit · Dec 30, 2015

This court may reverse the district court only if the state court ruling “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme … established federal law as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1).

Kathryn C. Rollins v. Larry G. Massanari, Acting Commissioner of Social Security Administration

261 F.3d 853 · Court of Appeals for the Ninth Circuit · Aug 17, 2001

Rollins' Testimony 29 Rollins clearly demonstrated that she has "an underlying impairment which is reasonably likely to be the cause of alleged pain." Bunnell, 947 F.2d at 343 . … She also testified clearly that two or three days a week she is too tired to function properly and spends most of the day in bed.