Case law

John Doe 1 v. Donald Trump

984 F.3d 848 · Court of Appeals for the Ninth Circuit · Dec 31, 2020

The Proclamation also establishes certain periodic review procedures. … Moreover, the Proclamation does not qualify as a suspension, as the statute requires.

Kenneth L. Nord v. The Black & Decker Disability Plan

296 F.3d 823 · Court of Appeals for the Ninth Circuit · Jul 15, 2002

Continuing benefits are available for those participants who are prohibited from engaging in any gainful employment for which they are qualified due to their disabilities. 2 In March 1997, Nord consulted Dr. … In this case, the plan language clearly confers discretion upon the Plan Manager both to determine benefits eligibility and to interpret the terms of the Plan. 5 However, the fact that the terms of the Plan confer broad discretionary

Farmers & Merchants State Bank, an Idaho Banking Corporation v. Western Bank, an Oregon Banking Corporation

841 F.2d 1433 · Court of Appeals for the Ninth Circuit · Jan 11, 1988

With exceptions not pertinent here, § 3-305(2) immunizes a holder in due course from “all defenses of any party to the instrument with whom the holder has not dealt.” 22 One who lacks holder-in-due-course status takes an … We conclude that the district court clearly erred in concentrating on Western’s conduct to the exclusion of the numerous facts in the record that, in their totality, convincingly establish that F & M did not carry its burden

Leonard P. Stuckey v. Caspar W. Weinberger, Secretary of Health, Education, and Welfare

488 F.2d 904 · Court of Appeals for the Ninth Circuit · Nov 21, 1973

This time the question was whether Stuckey qualified for benefits under the terms of the Social Security Act as it had been amended in 1965. … The procedures followed by the SSA throughout this case are established in 42 U.S.C. § 405 .

United States v. Valdez

104 F. App'x 624 · Court of Appeals for the Ninth Circuit · Jul 12, 2004

To establish ineffective assistance of counsel, Valdez must show that his counsel’s performance was deficient and that this deficient performance prejudiced the defense. See Strickland v. … However, the record overwhelmingly supports a finding that Valdez was a leader and/or organizer of the conspiracy, thereby qualifying him for an enhancement under § 3B1.1.

Sarmad Syed v. M-I, LLC

Court of Appeals for the Ninth Circuit · Mar 20, 2017

In the qualified immunity context, we have held that “when an officer’s conduct is so patently violative of the constitutional right that reasonable officials would know without guidance from the courts that the action was … unconstitutional, closely analogous pre-existing case law is not required to show that the law is clearly established.”

Kristen Biel v. St. James School

Court of Appeals for the Ninth Circuit · Jun 25, 2019

However, the Court was “reluctant . . . to adopt a rigid formula for deciding when an employee qualifies as a minister.” Id. … But other religious groups don’t always require similar formal training yet clearly bestow ministerial roles.

Don D. Dial Elizabeth A. Dial v. Commissioner Internal Revenue Service

968 F.2d 898 · Court of Appeals for the Ninth Circuit · Jun 30, 1992

His transactions would not qualify for ordinary loss treatment even under an expansive reading of Corn Products. … Block, 832 F.2d 1132, 1137 (9th Cir.1987), and clearly did so to Dial’s benefit.

George Garcia v. Loretta E. Lynch

786 F.3d 789 · Court of Appeals for the Ninth Circuit · May 20, 2015

“In making a determination as to whether a prior conviction qualifies as an aggravated felony for federal deportation purposes, we employ the analytical model set forth in Taylor v. … Under the modified categorical approach, the conviction may be used only if the record contains documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction. Id.

Kolev v. Euromotors West/The Auto Gallery

658 F.3d 1024 · Court of Appeals for the Ninth Circuit · Sep 20, 2011

To qualify as an IDSM, a program must (1) be established by a warrantor, (2) comply with rules set forth by the FTC, and (3) be incorporated into a written warranty agreement as a prerequisite to litigation. 15 U.S.C. § 2310 … However, read in context, the FTC’s prohibition on binding arbitration clearly applies only to written warranties that adopt IDSMs.

Regents Of The University Of California v. Heckler

756 F.2d 1387 · Court of Appeals for the Ninth Circuit · Apr 2, 1985

Moreover, if upon applying the incorrect legal standard on remand, the Secretary were to conclude that the expenses in question had not been reasonably incurred, the propriety of that standard might prove immune from our … The House and Senate reports accompanying the cost limit legislation clearly evidence Congress' intent that the limits were to operate on a presumptive, rather than conclusive, basis and that providers would have the right

Bozo Kelava v. Alberto R. Gonzales, Attorney General

434 F.3d 1120 · Court of Appeals for the Ninth Circuit · Jan 12, 2006

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. § … At a minimum, the Court has not clearly rejected the position that we and the Second Circuit have taken.

Canyon Ferry Road Baptist Church of East Helena, Inc. v. Unsworth

556 F.3d 1021 · Court of Appeals for the Ninth Circuit · Feb 25, 2009

For example, extended provision of vehicles or rental space without charge are common types of in-kind political expenditures or donations that clearly fall within this definition. … Indeed, we recently observed that California had produced evidence sufficient to qualify its informational interest in disclosure of contributions to a ballot issue as “compelling.” Cal.

Quan Toon Jung v. Bonham

119 F.2d 915 · Court of Appeals for the Ninth Circuit · May 19, 1941

its assertions on the assumed identity of Quan Siew with Leong Sing, the board observed that “no doubt Quan Siew’s claim to American nativity is rankly fraudulent”; that his “claim to having been born in this country is clearly … Moreover, the statute, 8 U.S.C.A. § 153 , requires that boards of special inquiry shall consist of three members — not two — designated by the department as qualified to serve.

Randy Bailey v. Maxwell

393 F. App'x 462 · Court of Appeals for the Ninth Circuit · Aug 26, 2010

The district court properly concluded that Defendants are entitled qualified immunity because Bailey’s right to due process before assignment to the Security Maximum Unit was not clearly established at the time he was in

Edwards v. Heckler

770 F.2d 1496 · Court of Appeals for the Ninth Circuit · Sep 13, 1985

Sec. 2412 (b) because plaintiffs fail to qualify for application of the common benefit doctrine. We reverse the award of fees under 28 U.S.C. … Sec. 411 (a)(5)(A) involved the nature of the agreement necessary to establish a partnership.

Emil Schoepflin and William Smith v. United States

391 F.2d 390 · Court of Appeals for the Ninth Circuit · Jan 2, 1968

In deciding this question the “clearly erroneous” rule of Rule 52(a), Federal Rules of Civil Procedure, is to be applied. See United States v. … Since tlie trial began on February 15, . 1065, which was prior to the effective date of the guidelines established in Miranda v.

Kildee Jacobsen-Wayne v. Calvin C.M. Kam, M.D., Inc.

53 F.3d 338 · Court of Appeals for the Ninth Circuit · Apr 20, 1995

Div. 1987). 15 This policy of providing for reasonably unobstructed access to relevant facts and issues mandates the extension of immunity to Dr. Burman for all statements made in his reports .... … The overriding concern for disclosure of pertinent and instructive expert opinions before and during medical malpractice actions is no less significant than the clearly recognized need for all relevant factual evidence during

50 soc.sec.rep.ser. 417, Medicare & Medicaid Guide P 44,119, 96 Cal. Daily Op. Serv. 2328, 96 Daily Journal D.A.R. 3921 Skagit County Public Hospital District No. 2, D/B/A Island Hospital v. Donna E. Shalala, Secretary of Health and Human Services United States Health and Human Services Medicare Geographic Classification Review Board

80 F.3d 379 · Court of Appeals for the Ninth Circuit · Apr 5, 1996

Congress established the Medicare Geographic Classification Review Board (MGCRB or Classification Board) to adjudicate hospital requests for reclassification. … Island's complaint before the district court clearly focussed on the wage data correction process insofar as it related to Island's application for reclassification for fiscal year 1994.

Gregory Johnson v. Clair Couturier, Jr.

Court of Appeals for the Ninth Circuit · Jul 27, 2009

Finally, Plaintiffs also accuse Johanson and his law firm of 4 Moss Adams issued a qualified opinion that the merger transaction was fair to the ESOP from a financial and economic perspective. … Plaintiffs established all four ele- ments of the governing standard, and Defendants have failed to demonstrate that the district court based its decision either on an erroneous legal standard or on clearly erroneous find