Case law

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.

Nat'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.

National Labor Relations Board v. Transcontinental Theaters, Inc.

568 F.2d 125 · Court of Appeals for the Ninth Circuit · Jan 12, 1978

costs, a factor of which was the wages and manning requirements of the collective bargaining agreements, and that in deciding to sublease the theater to Cynatron the respondent considered the fact that the partners were qualified … Instead, the record as a whole clearly indicates that Cynatron was an independent contractor whose control over labor and labor policies was completely separate from that of respondent.

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.

United States v. Terry Lee Anders

956 F.2d 907 · Court of Appeals for the Ninth Circuit · Feb 12, 1992

Based on an offense level of 24 and a criminal history category of II, the probation report established a 57- to 71-month range of incarceration under the guidelines. … The age of 46 certainly does not qualify as “elderly and infirm,” and the district court has not set forth any persuasive facts demonstrating why the age of 46 should be deemed extraordinary in this case. C.

Kate Adams v. County of Sacramento

116 F.4th 1004 · Court of Appeals for the Ninth Circuit · Sep 9, 2024

COUNTY OF SACRAMENTO government employees, we employ the familiar test established in Pickering. … Precedent firmly establishes that speech need not involve whistleblowing to touch on matters of public concern. Take  ADAMS V.

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.

Perfumania, Inc. v. Perfumay, Inc.

24 F.3d 248 · Court of Appeals for the Ninth Circuit · May 3, 1994

A court abuses its discretion 1) if it does not apply the correct law; or 2) if it rests its decision on a clearly erroneous finding of a material fact; United States v. … The district court did not explicitly find that Perfumania had not been operating over a sufficiently substantial period of time to qualify for secondary meaning.

Bradley v. Henry

510 F.3d 1093 · Court of Appeals for the Ninth Circuit · Dec 19, 2007

established Supreme Court precedent. … As the trial court and California Court of Appeal lacked any valid justification for depriving Bradley of her Sixth Amendment right to the counsel of her choice, their adjudication of her motion was contrary to clearly established

Loya v. Starwood Hotels & Resorts Worldwide, Inc.

583 F.3d 656 · Court of Appeals for the Ninth Circuit · Oct 2, 2009

The decision reaffirmed, though, that the “plaintiffs choice of forum should rarely be disturbed.” 9 The rule in Piper is that forum non conveniens dismissal is appropriate only “when trial in the chosen forum would ‘establish … “[I]f the remedy provided by the alternative forum is so clearly inadequate or unsatisfactory that it is no remedy at all, the unfavorable change in law may be given substantial weight; the district court may conclude that

Maya Avetova-Elisseva v. Immigration and Naturalization Service

213 F.3d 1192 · Court of Appeals for the Ninth Circuit · Jun 26, 2000

Eligibility for Asylum Under Section 1158(b) the Attorney General has discretion to grant asylum to aliens who qualify as statutory “refugees.” … While “[a]n alien who establishes past persecution is presumed to have a well-founded fear of persecution ....

Pangilinan v. Immigration & Naturalization Service

809 F.2d 1449 · Court of Appeals for the Ninth Circuit · Feb 13, 1987

Petitioner, in enforcing the cutoff date established by Congress, as well as in recognizing claims for the benefits conferred *1452 by the Act, is enforcing the public policy established by Congress. … Because petitioners cannot qualify for, and do not seek relief under, the current immigration act, 796 F.2d at 1096 , the court’s jurisdiction must be based, if it exists at all, on the 1940 Act.

United States v. Michael David Booth, United States of America v. Louis Robert Bories, United States of America v. Michael David Booth

309 F.3d 566 · Court of Appeals for the Ninth Circuit · Oct 25, 2002

This fact, however, was established by testimony of witnesses at trial. … Those offenses therefore qualify as ones for which restitution may be ordered for all persons directly harmed by the entire scheme. United States v. Johnson, 132 F.3d 1279, 1287 (9th Cir.1997).

34 Fair empl.prac.cas. 584, 33 Empl. Prac. Dec. P 34,253 Nemesio D. Domingo, Jr. Samuel Cabansag, Jr. Joseph C. Ancheta Thomas G. Carpenter and Terri Jane Mast, as Administrator of the Estate of Silme G. Domingo Nellie Kookesh Audrey A. Merculief Frank Paul Mary Paul Tony Evon, Sr. And Samuel Strauss, Plaintiffs-Appellants/cross-Appellees v. New England Fish Company, and Nefco Fidalgo Packing Co., Defendants- Appellees/cross-Appellants

727 F.2d 1429 · Court of Appeals for the Ninth Circuit · Mar 13, 1984

Nefco does assert that the district court was clearly erroneous in concluding that housing provided to nonwhites was inferior. … They may be required to show what their qualifications were, but do not have the burden of proving they were qualified for the position sought.

Stockslager v. United States

116 F. 590 · Court of Appeals for the Ninth Circuit · May 5, 1902

Section 4 of the act of congress reads as follows: “There is hereby established a district court for the district, which shall be a court of general jurisdiction in civil, criminal, equity, and admiralty causes; and three … A synopsis of the testimony given at the trial will, with a reference to the instructions, in our opinion, clearly show that the other assignments of error are not well taken.

Jones v. United States

179 F. 584 · Court of Appeals for the Ninth Circuit · May 16, 1910

Clearly, if three persons are named in an indictment as conspirators, two may be convicted and one acquitted, and, if two or more are named in the indictment, it would be nó defense to prove that some one not named in the … The executors qualified and took possession of the estate of the deceased.

US Ex Rel. Geraldine Godecke v. Kinetic Concepts, Inc.

937 F.3d 1201 · Court of Appeals for the Ninth Circuit · Sep 6, 2019

Medicare accepts claims as submitted by providers as being a true representation that the claim either qualifies for reimbursement or does not qualify and automatically pays those claims represented as qualifying. … Although it is true that a fifteen year old memory is less reliable than a more recent one, Duffy’s memories clearly allege a false  GODECKE EX REL. UNITED STATES V.

Pasion v. San Diego Unified School Dist.

85 F.3d 637 · Court of Appeals for the Ninth Circuit · May 10, 1996

Clearly, each peace officer is an authorized person under § 5585.50. Just as clearly, the janitor is not. … Immunity 48 We next turn to the issue of immunity under Welf. & Inst. Code § 5278.

John Colwell v. Robert Bannister

Court of Appeals for the Ninth Circuit · Aug 14, 2014

Colwell is one of the 20.5 million Americans over the age of 40 who suffer from cataracts.1 Like many others who have 5 We express no opinion regarding whether the defendants are entitled to qualified immunity on … Runnels, 594 F.3d 666, 672 (9th Cir. 2010) (“Here, we do not reach qualified immunity because the issue has never been addressed by the district court.”); Schneider v.

United States v. Juana Espericueta De Gross

960 F.2d 1433 · Court of Appeals for the Ninth Circuit · Apr 2, 1992

Permitting gender-based peremptory challenges would simply affirm an erroneous and unconstitutional presumption that women are less qualified than men to serve as jurors. … Here, we cannot say that the district court’s inference that De Gross challenged Tiffany on account of his gender was clearly erroneous. The challenged venireperson, Tiffany, is a male.