Case law

United States v. Kapp

564 F.3d 1103 · Court of Appeals for the Ninth Circuit · May 4, 2009

Although the Johnson case arose from a slightly different factual situation, the principles of the Tax Court’s holding clearly extend to tug and barge mariners. … The taxpayer bears the burden of establishing a good faith defense. I.R.C. § 6694(a)(3); Treas. Reg. § 1.6694-2 (e)(2).

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.

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.

Sampsell v. Anches

108 F.2d 945 · Court of Appeals for the Ninth Circuit · Dec 18, 1939

He had thus established a line of credit. He purchased in a different location in Los Angeles a retail business, in the retail district, for the price of $11,-000. … Even if we assume that the proceeding under which the testimony was taken was in the nature of a deposition it was clearly admissible as an admission of a party against interest.

In Re Nucorp Energy, Inc., an Ohio Corporation, and Its Affiliates, Debtors. Luce, Forward, Hamilton & Scripps

764 F.2d 655 · Court of Appeals for the Ninth Circuit · Jun 25, 1985

We again emphasized that “[i]t would be inconsistent to dilute an award of fees by refusing to compensate an attorney for time spent to establish a reasonable fee.” Id. … That was clearly Congress’ intent when it enacted section 330 of the Bankruptcy Reform Act.

Brod v. General Publishing Group, Inc.

32 F. App'x 231 · Court of Appeals for the Ninth Circuit · Feb 15, 2002

To establish co-ownership of the copyright, Collins must show that he made an independently copyrightable contribution and qualified as an “author” of the joint work. 1 Aalmuhammed v. … Its findings were not clearly in error. First, while Collins did prevail in the action, Brod’s claim raised colorable legal and factual issues about the ownership of the photographs. Stephen W. Boney, Inc. v.

United States v. Pedro Sanchez-Zarate

399 F. App'x 269 · Court of Appeals for the Ninth Circuit · Oct 12, 2010

Sanchez-Zarate contends that the district court erred in finding that his prior conviction under California Health and Safety Code § 11351 categorically qualifies as a drug trafficking offense under U.S.S.G. § 2L1.2(b)( … Benitez-Perez, 367 F.3d 1200, 1203 (9th Cir. 2004) (internal quotation marks and citations omitted), clearly establish that Sanchez-Zarate’s prior conviction qualifies as a drug trafficking offense.

Hunsaker, Jr. v. Contra Costa County

149 F.3d 1041 · Court of Appeals for the Ninth Circuit · Jul 20, 1998

Crowder clearly established that "section 12132 requires the state to provide 'meaningful access' to state services, programs, and activities for the disabled." Ackley v. … That finding is not clearly erroneous. Denial of "meaningful access" is a necessary element of an actionable disparate impact claim.

William Fisher v. City of Tucson, an Incorporated Municipality

663 F.2d 861 · Court of Appeals for the Ninth Circuit · Nov 23, 1981

Clearly the statute was intended to benefit handicapped persons. … There is no other legislative history which clearly supports that conclusion.

Applied Underwriters, Inc. v. Ricardo Lara

37 F.4th 579 · Court of Appeals for the Ninth Circuit · Jun 10, 2022

To be sure, it is unclear whether the institution of a truly baseless conservatorship could serve as grounds for waiver of state sovereign immunity under that statute, but the possibility of such relief further underscores … But what would establish the requisite punitive character or sanction? The majority doesn’t say.

United States v. Castillo-Basa

Court of Appeals for the Ninth Circuit · Apr 23, 2007

Such a rehashing of evidence previously presented would clearly be prohibited by the collateral estoppel doctrine.” … Dis. op. at 4486 (emphasis removed).15 Our ruling establishes no such automatic immunity.

Gilmore v. O'Brien

905 F.2d 1540 · Court of Appeals for the Ninth Circuit · Jun 21, 1990

III 17 * O'Brien and Clifford are entitled to qualified immunity if "they can prove that a reasonable [officer in their position] could have believed that the action taken was lawful, in light of clearly established law." … Chomjak appears on the arrest report 5 Qualified immunity is an affirmative defense, and the burden of proving that defense lies with the party asserting it. Benigni v.

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.

Medicare & Medicaid Guide P 43,987, 43 Fed. R. Evid. Serv. 944, 96 Cal. Daily Op. Serv. 452, 96 Daily Journal D.A.R. 687 United States of America, Plaintiff-Appellee-Cross-Appellant v. Bruce L. Erickson and Great Falls Eye Surgery Center, Defendants-Appellants-Cross-Appellees

75 F.3d 470 · Court of Appeals for the Ninth Circuit · Jan 22, 1996

On its face, the regulation clearly limits CRNA reimbursement to periods when the CRNA is actually with and looking after the patient. … An occasional discrepancy, such as the measure taken in this case for the sake of expediency, does not establish a prima facie violation. Id.

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

Deborah Westwood v. City of Hermiston

496 F. App'x 728 · Court of Appeals for the Ninth Circuit · Oct 23, 2012

Nor did Westwood establish the elements of a § 1983 malicious prosecution claim. She failed to show malice or reckless disregard and did not rebut the presumption of independent judgment. See Blankenhorn v. … Because Plaintiffs did not establish any constitutional violation, we do not reach the issues of municipal liability and qualified immunity. AFFIRMED.

Sun v. Holder

Court of Appeals for the Ninth Circuit · Feb 9, 2009

Regardless of the Board’s hold- ing that Sun fell short of the strict requirements for establish- ing ineffective assistance of counsel under Matter of Lozada, 19 I. & N. … The interview notice is clearly dated January 26, 2006, and sets an  SUN v. MUKASEY 1457 interview date of February 14, 2006.

United States v. Confederated Tribes of Colville Indian Reservation

606 F.3d 698 · Court of Appeals for the Ninth Circuit · May 27, 2010

Cl. 585, 17 (1929) (“[T]he evidence taken in connection with the circumstances of the case clearly establishes the existence of an agreement, the terms of which are not expressed in the written contract.”). … This Article III right entitled the Yakama to exclusive fishing rights at the reservation established in Article X.

Tchoukhrova v. Gonzales

Court of Appeals for the Ninth Circuit · Apr 20, 2005

The doctor was concerned about the boy’s fragile immune system. Because Evgueni was not vaccinated, it became difficult for him to obtain any medical care in state- run medical facilities. … To the contrary, the record clearly shows that Russia continues to treat its disabled popu- lation, and particularly its disabled children, cruelly and inhu- manely.

Adela Hernandez-Ortiz v. Immigration and Naturalization Service

777 F.2d 509 · Court of Appeals for the Ninth Circuit · Dec 2, 1985

If the alien qualifies as a refugee, then the Board has some discretion in determining whether to grant him asylum. See id. at 2497 & n. 18. Statutory eligibility itself does not ensure a grant of asylum. … When the Board denies any motion as a matter of discretion, it must specify clearly the factors it has considered. See Patel v. INS, 741 F.2d 1134, 1137 (9th Cir.1984); De La Luz v.