Case law

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."

Gray v. First Winthrop Corp.

989 F.2d 1564 · Court of Appeals for the Ninth Circuit · Apr 7, 1993

Congress clearly changed the underlying substantive law with section 27A, albeit only as to an identifiable subset of existing cases. … Therefore, because Beam’s retroactivity principles are not constitutionally based, they are not immune from legislative modification or revision.

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.

Director, Office of Workers' Compensation Programs v. Todd Shipyards Corp.

625 F.2d 317 · Court of Appeals for the Ninth Circuit · Aug 13, 1980

The employer’s liability for compensation payments may be limited to a period of 104 weeks at which time compen *319 sation payments are paid out of a special fund established under section 944. … The Cordero case is clearly distinguishable from the case now before us, since at least two of the prerequisites mentioned in C & P Tel.

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.

Sidney v. Zah

718 F.2d 1453 · Court of Appeals for the Ninth Circuit · Oct 25, 1983

We affirm the district court's order and judgment. 2 * BACKGROUND 3 Judicial involvement in the historic land dispute between the Hopi and Navajo Tribes began in 1958, when Congress waived the tribes' sovereign immunity and … now appealed relating to "new-new" construction could be attacked, we would be compelled to recognize that use of such mandatory injunctive relief to effectuate the judicial settlement of this Navajo-Hopi dispute is well established

Klamath Siskiyou v. Bureau of Land Management

468 F.3d 549 · Court of Appeals for the Ninth Circuit · Nov 6, 2006

To demon- strate laches, a party must establish “(1) lack of diligence by  KLAMATH SISKIYOU WILDLANDS v. … It is plainly unreasonable to assert that this qualifies as a minor change in data under § 1610.5-4.

United States v. Yepiz

Court of Appeals for the Ninth Circuit · Dec 20, 2016

The court here failed to conduct any inquiry with regard to Yepiz’s April letter, though it clearly understood it was bound by such a duty given the speed with which it scheduled hearings regarding Yepiz’s July and September … But it made no difference how Bland’s right was characterized because he “established the requisite prejudice” in any event. Id. at 1479.

Stephen Deck v. Mack Jenkins

Court of Appeals for the Ninth Circuit · Feb 9, 2016

If anything, clearly established Supreme Court precedent supports the CCA’s application. … Ct. at 2153 (“The ‘clearly established Federal law’ relevant here is our decision in Darden v. Wainwright . . . .”).

United States v. Kelechi Ajoku

718 F.3d 882 · Court of Appeals for the Ninth Circuit · Jun 3, 2013

evidence that Ajoku’s statements and writings were made in connection with the delivery of and Medicare payment for prescription devices because Santos could not bill Medicare for devices without employing and utilizing a qualified … Having no clearly established law to guide its decision, any error in omitting an element from the instruction was not plain. See id.

United States v. Hugo Rincon

984 F.2d 1003 · Court of Appeals for the Ninth Circuit · Jan 28, 1993

Generally Accepted Theory Before an expert is allowed to testify, the offering party must establish that the testimony is generally accepted in the particular field of expertise: “Unless the testimony conforms to a generally … Had Rin-con chosen to introduce a photograph instead of presenting himself to the jury, the jury’s review of the two photographs would clearly have been appropriate.

Parker v. Lester

227 F.2d 708 · Court of Appeals for the Ninth Circuit · Oct 26, 1955

Abilene Cotton Oil Co., 204 U.S. 426 , 27 S.Ct. 350 , 51 L.Ed. 553 . 8 The rationale supporting such cases is clearly set forth in Great Northern Ry. Co. v. Merchants Elev. … Such a *720 practice, once established with the best of intentions, will drift into oppression of the disadvantaged in this country as surely as it has elsewhere.

Mark Baird v. Rob Bonta

81 F.4th 1036 · Court of Appeals for the Ninth Circuit · Sep 7, 2023

A district court abuses its discretion if it bases its decision “on an erroneous legal standard or on clearly erroneous factual findings.” Cal. Chamber of Com. v. … To qualify, the analogue must be close: the historical regulation must have been “relevantly similar” to the challenged regulation in “how and why” it “burden[ed] a law-abiding citizen’s right to armed self-defense.”

Meridian Joint School District No. 2 v. D.A.

792 F.3d 1054 · Court of Appeals for the Ninth Circuit · Jul 6, 2015

The BSD evaluation clearly stated that a further evaluation might well be appropriate when Matthew returned to the public high school. … Accordingly, the Act establishes various procedural safeguards that  MERIDIAN JOINT SCH. DIST. NO. 2. V.

Terri L. NICHOLS, Plaintiff-Appellee, v. Anthony M. FRANK, Postmaster General; U.S. Postal Service, Defendants-Appellants

42 F.3d 503 · Court of Appeals for the Ninth Circuit · Dec 13, 1994

Either one of these circumstances would be sufficient to support a holding of quid pro quo sexual harassment under the subjective standard. 6 In addition, these facts clearly establish that a reasonable person in Nichols’ … Accordingly, the harm does not qualify as an “injury” on that ground either. Therefore, the exclusivity provisions of FECA do not apply to the district court’s award.