Case law

Winn v. Garriott

Court of Appeals for the Ninth Circuit · Oct 21, 2009

The statute says that for an organization to qualify as an STO eligible to receive state-reimbursed contributions the organization must provide scholarships “to children to allow them to attend any qualified school of their … [This] clearly dispel[s] the claim that the program creates financial incentives for parents to choose a sectarian school.”

Willie A. Davis v. Aetna Life Insurance Company, Charles S. Swanegan, Daisy Swanegan, and Lloyd W. Swanegan, as Administrator

279 F.2d 304 · Court of Appeals for the Ninth Circuit · Jul 6, 1960

Proof of appellant’s record of conviction in the criminal case is clearly admissible against appellant in this civil action, not as a judgment establishing the fact, but as an admission against interest. Langensand v. … This amendment clearly establishes that the legislature does not favor the policy of giving property benefits to murderers or persons convicted of voluntary manslaughter.” ( 336 P.2d at page 231 ) (Emphasis added.)

United States v. Gabriel Lopez-Robles

53 F.3d 340 · Court of Appeals for the Ninth Circuit · Apr 27, 1995

Because that finding is not clearly erroneous, the district court properly denied the adjustment. See id. … Downward Departure 27 Lopez-Robles contends that he qualifies for a downward departure because he substantially assisted the government.

Gensinger v. Commissioner of Internal Revenue

208 F.2d 576 · Court of Appeals for the Ninth Circuit · Nov 30, 1953

The taxpayer was the sole shareholder of the Washington corporation except for two qualifying shares held by his wife who was a director. … But if this was not the error, then we think the finding of the Tax Court on the question was clearly erroneous.

Rexall Drug Company v. Nihill

276 F.2d 637 · Court of Appeals for the Ninth Circuit · Apr 25, 1960

I have a qualified opinion. 13 "Q. All right, would you please state that opinion, Doctor? A. … Northern Pacific Railway Co., 27 N.D. 302 , 146 N.W. 550 at page 555, in discussing the same principle we said: 59 "`The rule of probabilities has perhaps been as clearly stated by the Supreme Court of Idaho in the case of

State of Washington v. Donald J. Trump

858 F.3d 1168 · Court of Appeals for the Ninth Circuit · Mar 17, 2017

This is not to say that presidential immigration policy concerning the entry of aliens at the border is immune from judicial review, only that our review is limited by Kleindienst v. … Aliens from the designated countries who were qualified to be permanent residents in the United States were exempted whether or not they were Muslims.

Anonymous Online Speakers v. United States District Court

611 F.3d 653 · Court of Appeals for the Ninth Circuit · Jul 12, 2010

Because neither party has established that it is entitled to the extraordinary remedy of mandamus, we deny both petitions. … [7] Nonetheless, the district court did not clearly err in its order imposing a high hurdle for disclosure.

Allen v. Iranon

283 F.3d 1070 · Court of Appeals for the Ninth Circuit · Mar 13, 2002

To succeed in establishing his claim, he had to establish by a preponderance of the evidence (1) that he engaged in conduct protected by the First Amendment, and (2) that this constitutionally protected conduct was a motivating … Because the allegations were so significant, it is reasonable to infer that Iranon would have spoken with Penarosa about them. 25 Finally, all the defendants clearly were aware of Allen's appearance before the legislature

Tucson Herpetological Society v. Salazar

566 F.3d 870 · Court of Appeals for the Ninth Circuit · May 18, 2009

Plaintiffs do not contend that any portion of the lizard’s population qualifies for protection as a threatened or endangered "distinct population segment,” and thus we consider only the former question here. . … Both the 2003 and 2006 withdrawals offer explanations for the insignificance of threatened and lost range, and those explanations clearly apply to the lizard's condition as a whole.

Premier Communications Network, Inc. v. Fuentes

880 F.2d 1096 · Court of Appeals for the Ninth Circuit · Jul 26, 1989

However, our affirmance of this injunctive language was qualified as being appropriate only under the specific facts of that case. … This Federal Court Order firmly establishes that it is illegal to receive our HBO microwave programming. A copy of the Judgment is enclosed for your review.

Kathleen Lentini v. California Center for the Arts, Escondido Alan Corbin Randy Vogel, and Does 1-10

370 F.3d 837 · Court of Appeals for the Ninth Circuit · May 27, 2004

This is clearly in line with the ADA. See 28 C.F.R. Pt. 36, App. … Employing these guidelines, we find that Vogel, who was the Director of Center Sales and Event Services, had the requisite authority to qualify as an “operator” under Title III.

Adree Edmo v. Corizon, Inc.

949 F.3d 489 · Court of Appeals for the Ninth Circuit · Feb 10, 2020

Although I am not aware of any other circuits to have directly addressed the questions posed in this case, 9 for its part, the Seventh Circuit has held that it is at least not “clearly established” that there is a constitutional … Nor is it “clearly established” that a prison medical provider is prohibited from denying sex-reassignment surgery on the basis of the patient’s status as an institutionalized person. Id. at 541, 549.

James R. Smith v. Salish Kootenai College Court of Appeals of the Confederated Salish and Kootenai Tribes of the Flathead Reservation

434 F.3d 1127 · Court of Appeals for the Ninth Circuit · Jan 10, 2006

SKC did not contend then and does not contend here that it shares the Tribes' immunity. … " being "whether the defendant purposefully established `minimum contacts' in the forum State."

United States v. Isai Saaib

585 F. App'x 440 · Court of Appeals for the Ninth Circuit · Oct 15, 2014

Nor did the district court clearly err by finding there was no evidence the witness had received immunity or benefits in exchange for his testimony. … the district court may recommend that a portion of the mandatory custodial sentence be served in community confinement (as the judge did here), the decision whether and when to 1 Because Saaib does not establish

Lane v. Department of the Interior

523 F.3d 1128 · Court of Appeals for the Ninth Circuit · May 2, 2008

As the district court found, Lane does not clearly articulate the public interest in the disclosure of the requested documents. … Coopers & Lybrand, 790 F.2d 1439 , 1443 (9th Cir.1986) (“References in memoranda and declarations to a need for discovery do not qualify as motions under Rule 56(f).”). 5 .

United States v. Saavedra-Velazquez

Court of Appeals for the Ninth Circuit · Aug 21, 2009

We review de novo “a district court’s deter- mination that a prior conviction qualifies as a ‘crime of violence’ under the Guidelines . . . .” United States v. … Under this standard, acts normally considered only preparatory could be sufficient to establish liability. 668 P.2d 697, 702 n.1 (Cal. 1983) (citations omitted); see also People v. Luna, 170 Cal.

Badger Mountain Irrigation District Secured Bondholders' Committee v. Badger Mountain Irrigation District (In re Badger Mountain Irrigation District)

885 F.2d 606 · Court of Appeals for the Ninth Circuit · Sep 14, 1989

We apply this test to the scheme established by chapter 87.03. … Finally, other uses of the term property” in title 87 seem even more clearly not to include the District’s assessment power.

Patagonia Corporation v. Board of Governors of the Federal Reserve System

517 F.2d 803 · Court of Appeals for the Ninth Circuit · Jun 5, 1975

Congress clearly recognized that grandfather rights, regardless of how they are established, might lead to future abuses, and Congress provided an appropriate safeguard against such eventualities in the Board’s power to terminate … As to the latter, Patagonia clearly requested an evidentiary hearing.

Jose Zumel v. Loretta E. Lynch

803 F.3d 463 · Court of Appeals for the Ninth Circuit · Sep 29, 2015

relevant inquiry under § 1182(a)(3)(B)(iii) is whether the activity is unlawful, not whether the person who engaged in the unlawful activity now stands before the law as though he had not committed a crime, or has been immunized … Instead, the BIA may review an IJ’s factual findings only to determine whether the findings are clearly erroneous. Id.

United States v. Lopez Quintero

21 F.3d 885 · Court of Appeals for the Ninth Circuit · Apr 7, 1994

Eventually, Gina confessed and received a grant of immunity from prosecution in exchange for her willingness to testify against Quintero at trial. Quintero was indicted for first degree murder. … Quintero contends that his post-death acts do not qualify as. “extreme conduct” under Sentencing Guideline § 5K2.8 and that the court gave no reasoned justification for the extent of its departure.