Case law

Richard H. Black, Deceased, Phyllis M. Black, Personal Representative v. Commissioner of Internal Revenue

765 F.2d 862 · Court of Appeals for the Ninth Circuit · Jul 9, 1985

Section 2040(b) was adopted in 1976 to provide that one-half of the value of a "qualified joint interest” held by a husband and wife is includable in the gross estate of the first spouse to die. … Under the current tax regulations, Section 2040 clearly does not apply to tenancies in common. 26 CFR § 20.2040 -l(b). 6 .

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.

Michael Hayes v. Rachel Nettles

Court of Appeals for the Ninth Circuit · Aug 23, 2022

Moreover, defendants are not entitled to qualified immunity because, viewing the facts in the light most favorable to Hayes, it would have been clear to every reasonable official that defendants’ actions violated Hayes … See Ashcroft v. al-Kidd, 563 U.S. 731, 735, 741 3 20-35994 (2011) (discussing qualified immunity and noting that a right is clearly established

California Ex Rel. Imperial County Air Pollution Control District v. U.S. Department of the Interior

751 F.3d 1113 · Court of Appeals for the Ninth Circuit · May 19, 2014

The APA also waives the Secretary’s sovereign immunity. … The Final Implementation Agreement EIS clearly distinguished between the Transfer EIR and the Transfer EIS, explaining that “[i]n order to comply with CEQ regulations . . .

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.

Perfect 10, Inc. v. Amazon. Inc

Court of Appeals for the Ninth Circuit · May 15, 2007

Perfect 10 claims that it sent qualifying notices to Google and Google did not act expeditiously to remove the infringing material. … The district court did not clearly err in concluding that Amazon.com lacked a direct financial interest in such activities.

United States v. Montero-Camargo

177 F.3d 1113 · Court of Appeals for the Ninth Circuit · May 13, 1999

Once he caught up to the Nissan, he could clearly see that the driver was Hispanic. After following the vehicle for about four miles, Agent Fisher pulled it over. … The motorist’s tip clearly constituted a statement describing an event based upon personal knowledge.

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.

Iver W. And Faith S. Swanson v. United States of America, Iver W. Swanson v. United States

479 F.2d 539 · Court of Appeals for the Ninth Circuit · May 9, 1973

As a prerequisite to establishing a corporate reorganization, the statutory terms of section 368(a)(1)(D) require that the stock or securities of the transferee be transferred in a transaction qualifying under either sections … We are unable to conclude that they are “clearly erroneous.” Orrisch v. Commissioner, (9th Cir., March 30, 1973, No. 71-1388).

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 ....

Navarro v. Mukasey

Court of Appeals for the Ninth Circuit · Mar 3, 2008

The IJ concluded that the “stop-clock” rule applied as of April 1, 1997 — the date of the hearing — and that, under the new rule, the Navarros were unable to establish seven years of continuous physical presence prior to … It cannot rea- sonably be assumed that scheduling their hearing for March 31 or some earlier date was out of the question, so it is clearly possible that the directive influenced the IJ to push the new hearing date past the

Roberto Cohen v. Usdc-Casj

Court of Appeals for the Ninth Circuit · Nov 5, 2009

[and] given each firm’s experience with similar actions,” these firms were “the most qualified counsel for this case.” … This provision clearly identifies the most adequate plaintiff as the actor that “select[s] and retain[s]” class counsel.

Bercy Industries, Inc., and Subsidiaries v. Commissioner of Internal Revenue

640 F.2d 1058 · Court of Appeals for the Ninth Circuit · Mar 30, 1981

In 1968, a corporation named Beverly Enterprises established a subsidiary shell corporation, Beverly Manor. Beverly Man- or remained a shell until April 23, 1970, the date of the reorganization here at issue. … As our discussion of congressional intent indicates, see Part II supra, this was the case with section 381(b)(3); theory (2), rather than theory (1), clearly animates subsection (b)(3).

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).

United States v. Steve Navarro-Vargas

367 F.3d 896 · Court of Appeals for the Ninth Circuit · May 4, 2004

Petit jurors, rather, must decide guilt or innocence strictly in accordance with clearly established and scrupulously defined legal standards. … A court cannot declare a grand jury instruction constitutional en gross and immunize it from all future constitutional challenges.

Hoonah Indian Association v. Gary Morrison, Forest Supervisor, Chatham Area, Tongass National Forest Phil Janik, Regional Forester, Alaska Region, United States Forest Service U.S. Forest Service, Sitka Tribe of Alaska v. Gary Morrison, Forest Supervisor, Chatham Area, Tongass National Forest Phil Janik, Regional Forester, Alaska Region, United States Forest Service U.S. Forest Service

170 F.3d 1223 · Court of Appeals for the Ninth Circuit · Mar 24, 1999

The words following the comma qualify and explain the statutory term "necessary." … There has to be some good evidence of just where the site is and what its boundaries are, for it to qualify for federal designation as a historical site.

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

Robert Thomas v. Oregon State Police

656 F. App'x 273 · Court of Appeals for the Ninth Circuit · Jul 14, 2016

In any case, the district court did not err in concluding at the close of evidence that Vaughn was entitled to qualified immunity. … Thomas points to no “clearly established” law that every reasonable trooper in Vaughn’s position would know that it was unconstitutional to detain Thomas for 40–45 minutes while he diligently conducted an investigation

Cooling Systems and Flexibles, Inc., a California Corporation, Plaintiff v. Stuart Radiator, Inc., Stuart-Western, Inc.

777 F.2d 485 · Court of Appeals for the Ninth Circuit · Nov 27, 1985

Findings of fact made by a judge after a bench trial are subject to the “clearly erroneous” standard of review, Wilson v. … We find that the conclusion was not clearly erroneous.

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.