Case law
Opinions from 1658 to today.
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Ying Suet Chow, AKA Monica Chow v. Immigration and Naturalization Service
641 F.2d 1384 · Court of Appeals for the Ninth Circuit · Apr 20, 1981
The evidence tended to establish a number of facts. Chow admittedly entered into the marriage with Ying for the sole purpose of gaining admission to the United States. … The language cited above, however, clearly disapproved of our “qualitative/quantitative” test.
Cited 11 timesPublished652 F.3d 1060 · Court of Appeals for the Ninth Circuit · Jul 18, 2011
The syringes shall be affixed in such a manner to ensure the syringe labels are clearly visible. … This person will be positioned to clearly see, hear and speak to the inmate throughout the execution. 8.
Cited 7 timesPublishedJohn P. Locaynia v. American Airlines, Inc., a Corporation
457 F.2d 1253 · Court of Appeals for the Ninth Circuit · May 30, 1972
Such a result clearly brings the facts within the interpretation of seniority by the Accardi Court. … Clearly, this is a consideration of seniority and is covered by Ac-cardi and Fishgold .
Cited 10 timesPublished644 F.3d 969 · Court of Appeals for the Ninth Circuit · Jul 12, 2011
Ofshe qualified as an expert, it nevertheless excluded his testi- mony. … The question before us on habeas review, however, is not whether we believe the state court’s determination to be erroneous— which we do—but whether it is unreasonable in light of clearly established Supreme Court law.
Cited 82 timesPublishedUniversal Life Church, Inc. v. United States
128 F.3d 1294 · Court of Appeals for the Ninth Circuit · Oct 6, 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
Cited 6 timesPublished976 F.2d 1198 · Court of Appeals for the Ninth Circuit · Sep 18, 1992
We disagree with the agency's contention and conclude that the district court in establishing such procedure properly exercised its discretion to structure equitable relief. 51 The district court established a procedure whereby … and have established valuable ties with communities all around the country.
Vacated on other grounds by Immigration and Naturalization Service v. Legalization Assistance Project of Los Angeles County Federation of Labor, 510 U.S. 1007 (1993)Cited 16 timesPublished47 F.2d 1021 · Court of Appeals for the Ninth Circuit · Mar 9, 1931
of Special Inquiry was convened by the Commissioner of Immigration for the Port of San Francisco to hear and determine the application, and as a result of the hearing the Board found that the evidence submitted failed to establish … In eases of this character, the Immigration Service has the power to find facts, and the orders based on their findings must be accepted by the courts, unless it be clearly shown that there was a denial of a fair hearing,
Cited 3 timesPublishedNational Audubon Society v. U.S. Forest Service
4 F.3d 832 · Court of Appeals for the Ninth Circuit · Sep 15, 1993
The Compromise established a comprehensive set of rules to govern harvesting within a geographically and temporally limited domain. … The Forest Service was directed to add qualifying areas regardless of size, that are contiguous to roadless and undeveloped areas in other Federal ownership that have identified wilderness potential. .
Cited 13 timesPublishedWestinghouse Electric Corp. v. General Circuit Breaker & Electric Supply Inc.
106 F.3d 894 · Court of Appeals for the Ninth Circuit · Feb 10, 1997
Other circuits have also held that the unauthorized use of an original trademark can qualify as trademark counterfeiting. See Burger King Corp. v. … A district court abuses its discretion if its conclusion is based on clearly erroneous factual findings or if its decision relies on erroneous legal conclusions. Id.
Cited 4 timesPublishedNewman ex rel. Newman v. Sathyavaglswaran
287 F.3d 786 · Court of Appeals for the Ninth Circuit · Apr 16, 2002
Study Group, Inc., 438 U.S. 59 , 88 n. 32, 98 S.Ct. 2620 , 57 L.Ed.2d 595 (1978) ("Our cases have clearly established that '[a] person has no property, no vested interest, in any rule of the common law.’ ") (quoting Second … It has been said in another context that establishing “a culture of justification — a culture in which every exercise of power is expected to be justified” — lies at the heart of the establishment of constitutional bills
Cited 1 timesPublishedMichael Cobb v. City of Stockton
909 F.3d 1256 · Court of Appeals for the Ninth Circuit · Dec 10, 2018
Nor does the character of any claim asserting an unconstitutional taking make it immune from evaluation on the merits in bankruptcy. … Cobb has now also clearly expressed to our court that the remedy he requests is to preserve his takings claim.
Cited 14 timesPublishedMcCarthy ex rel. Thompson v. United States
870 F.2d 1499 · Court of Appeals for the Ninth Circuit · Mar 28, 1989
It is true that the government presented to the court an impressive group of qualified experts, each of whom generally substantiated the government’s different view of Kyile’s needs and potential. … But, after reviewing the entire relevant record, we are not persuaded that the findings of the trial court in this regard were clearly erroneous.
Cited 1 timesPublished610 F.2d 643 · Court of Appeals for the Ninth Circuit · Jan 14, 1980
Roth, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972), it is well established that one who claims a deprivation of "liberty" must demonstrate that the action complained of imposed "a stigma or other disability that foreclosed … Clearly these charges involved the kind of "stigma" that is referred to in Roth. However, Soderback's licenses were not denied on grounds to which any stigma is attached and he does not so contend.
Cited 3 timesPublishedNat'l Railroad Passenger Corp. v. Julie Su
41 F.4th 1147 · Court of Appeals for the Ninth Circuit · Jul 26, 2022
Appellants contend that, based on these differences, a railroad employee may qualify for benefits under the California Act and not under RUIA. We do not think these arguments can carry the day. … Through this language that we have italicized, RUIA clearly establishes that the word “benefit” does not have a uniform definition throughout the statute. Cf. Yates v.
Cited 11 timesPublished159 F.3d 1161 · Court of Appeals for the Ninth Circuit · Oct 12, 1998
The burden is on the next friend clearly to establish the propriety of his status and thereby justify the jurisdiction of the court. Id. at 163-64 , 110 S.Ct. 1717 (citations omitted). … The State úrges us to dismiss Vargas’s motión for lack of jurisdiction because she has not “clearly established” that Sagastegui is incompetent.
Cited 75 timesPublishedChildress v. Darby Lumber, Inc.
357 F.3d 1000 · Court of Appeals for the Ninth Circuit · Feb 6, 2004
Appellees maintained that the two companies qualified as a "single employer" under the WARN Act, that the exceptions did not apply here, and that even if they did apply, WARN sanctions were warranted because the notice of … As appellees obtained a $60,345.45 judgment against appellants, appellees clearly prevailed under this definition. The attorney's fees standards from cases such as Christiansburg Garment Co. v.
Cited 77 timesPublished789 F.2d 659 · Court of Appeals for the Ninth Circuit · May 13, 1986
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.
Cited 0 timesPublishedCourt 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.”
Cited 0 timesPublishedMendez v. County of San Bernardi
Court of Appeals for the Ninth Circuit · Aug 27, 2008
Nonethe- less, the district court’s findings of fact as to the reprehensibility of Reyes’ conduct were not clearly erroneous. … COUNTY OF SAN BERNARDINO 11807 (9th Cir. 2002) (“Sovereign immunity . . . . may be forfeited where the state fails to assert it.”).
Cited 0 timesPublishedFlathead-Lolo-Bitterroot Citizen Task Force v. State of Montana
98 F.4th 1180 · Court of Appeals for the Ninth Circuit · Apr 23, 2024
Defendants also presented evidence from qualified experts as well as research materials relied on by those experts. … While I agree with the majority that Plaintiffs established a serious question on the merits, the evidence of record establishes that Plaintiffs failed to show a reasonably certain threat of imminent harm to grizzly bears
Cited 71 timesPublished
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