Case law

National Labor Relations Board v. Local 776, Iatse (Film Editors), Local 776 (Film Editors) v. National Labor Relations Board

303 F.2d 513 · Court of Appeals for the Ninth Circuit · May 10, 1962

The document was admissible to impeach the witness but clearly could not be used to establish the truth of the fact stated. N.L.R.B. v. Quest-Shon Mark Brassiere Co., Inc., 185 F.2d 285 (2nd Cir. 1950). … Certain of the provisions contained in the order clearly come within the first category.

Pacificare Inc., Dba Pacificare of California v. Vernon D. Martin Sherrie Sue Martin, and Scott Douglas Martin, a Minor

34 F.3d 834 · Court of Appeals for the Ninth Circuit · Sep 1, 1994

Martin has not alleged that these factual findings were clearly erroneous. … Pacificare's second complaint cannot, of course, qualify for the reasons stated in Part II.

Arnold G. Dorsey, A.K.A. Engelbert Humperdinck v. National Enquirer, Inc.

952 F.2d 250 · Court of Appeals for the Ninth Circuit · Dec 11, 1991

The California courts have established a standard to determine when this essentially mixed question of law and fact is treated as a question of law. … The article also clearly states that Jetter made the allegation during a family court proceeding.

Marco Santiago v. Bruce Gage

Court of Appeals for the Ninth Circuit · Jun 11, 2021

Jett, 439 F.3d at 1097. 3 Given this basis for our decision, we need not reach Raelynn’s argument that qualified immunity is “inapplicable outside of contexts where officials are forced to act in exigent … We do note, however, that we have previously considered the appropriateness of qualified immunity in Eighth Amendment cases not involving exigent circumstances. See, e.g., Foster v.

Operating Engineers Local Union No. 3 v. Burroughs

417 F.2d 370 · Court of Appeals for the Ninth Circuit · Oct 1, 1969

The majority opinion surely cannot survive, since it tends to establish almost complete immunity for union members who harass their unions and disrupt union affairs with vexatious lawsuits. … An injunction should never issue unless it is clearly demonstrated that it will benefit the party who seeks it. See, e. g., Simms v. Greene, 161 F.2d 87 (3d Cir. 1947). .

Caman v. Continental Airlines

Court of Appeals for the Ninth Circuit · Aug 1, 2006

Consequently, we need not dispositively determine whether the flight attendant’s conduct qualified as ‘unusual or unexpected’ under Saks, but may assume that it was for purposes of this opinion.” … The foregoing language clearly estab- lishes the liability of international air carriers for accidents resulting in harm to passengers sustained during any opera- tions of the aircraft.

Inter-Tribal Council Of Nevada, Inc. v. Hodel

856 F.2d 1344 · Court of Appeals for the Ninth Circuit · Sep 8, 1988

The court held that sovereign immunity barred such an action as against both the State of Nevada and the United States. … Section 443 (a) [443a] and that even if it is not, it clearly represents tribes that would be eligible for the transfer of the Stewart Indian School complex.

Delphine Arrey v. William Barr

916 F.3d 1149 · Court of Appeals for the Ninth Circuit · Feb 26, 2019

BARR as if Arrey experienced “random crimes against women,” which the IJ held did not qualify as persecution on account of a protected ground. … BARR 13 credibility determinations as clearly erroneous and assumed Arrey was credible.

James McKinney v. Charles Ryan

730 F.3d 903 · Court of Appeals for the Ninth Circuit · Sep 16, 2013

In other words, “‘[i]t is not an unreasonable application of clearly established Federal law for a state court to decline to apply a specific legal rule that has not been squarely established by [the Supreme Court].’” … RYAN a decision that “was contrary to . . . clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1).

L. J. v. Pittsburg Unified School Dist.

Court of Appeals for the Ninth Circuit · Feb 27, 2017

The IEP team agreed with the psychologist that L.J. had no qualifying disabilities. … In sum, the School District clearly violated important procedural safeguards set forth in the IDEA.

Robert J. Brown v. John F. Darcy, A/K/A Jack Darcy, an Individual Ducommun, Inc., a Corporation

783 F.2d 1389 · Court of Appeals for the Ninth Circuit · Mar 4, 1986

On the other hand, prior decisions of this court have also firmly established the district court’s broad discretion to admit or exclude polygraph evidence at trial. See, e.g., United States v. … The trial record discloses disagreement between the qualified experts.

Xu Ming Li Xin Kui Yu v. John Ashcroft, Attorney General

312 F.3d 1094 · Court of Appeals for the Ninth Circuit · Dec 5, 2002

Past Persecution Li was clearly a victim of past persecution. … This forced submission clearly establishes harm beyond anything one would expect from a routine “pregnancy examination.”

United States v. Raul Franco-Lopez

312 F.3d 984 · Court of Appeals for the Ninth Circuit · Nov 27, 2002

The government responded that its position was not triggered by the PSR, but that: [a]s the facts clearly indicate, both of these guys were major players ... and were clearly movers and shakers in organizing this 890 pound … City of Anaheim, 901 F.2d 814, 818 (9th Cir.1990) (noting that although it is a well-established Ninth Circuit rule that appellant cannot raise a new issue for the first time in her reply brief, the court may consider the

United States v. Morris Leal

509 F.2d 122 · Court of Appeals for the Ninth Circuit · Jan 6, 1975

Thus in the case at bar, where the requisite knowledge can be established by circumstantial evidence, appellant is outside the scope of the Hernandez ruling. … Rule 44(a)(2) clearly applies to attested copies, as well as to original records.

Carson Harbor Village, Ltd. v. Unocal Corp.

270 F.3d 863 · Court of Appeals for the Ninth Circuit · Sep 14, 2000

In order to prevail, the current owner must establish that the defendant is a “potentially responsible party,” a party who falls within one of four classes of persons subject to CERCLA liability. … Whether subsoil migration is "a never-ending process," is clearly a factual question, the answer to which is not obvious. However, there is no evidence in the record to support the majority's supposition. .

United States v. German Espinoza Montero-Camargo, United States of America v. Lorenzo Sanchez-Guillen

208 F.3d 1122 · Court of Appeals for the Ninth Circuit · Apr 11, 2000

What factors law enforcement officers may consider in deciding to stop and question citizens minding their own business should, if possible, be carefully circumscribed and clearly articulated. … First, consider all the hedges and qualifiers (“under the circumstances present here ... some direct weight ... ”). What purpose do they serve? What guidance do they give?

United States v. John Gilbert Ogles, United States of America v. John Gilbert Ogles

440 F.3d 1095 · Court of Appeals for the Ninth Circuit · Mar 10, 2006

To do otherwise, and particularly to argue its erroneous “oldly minted” position, would clearly have been improper. I am not suggesting here that we should construe the statute on this appeal — quite the opposite. … It was not, however, entitled to attempt to qualify that concession by making it dependent on our issuance of a decision accepting its view of the law.

United States v. Matthew D. Jones

472 F.3d 1136 · Court of Appeals for the Ninth Circuit · Jan 10, 2007

That was clearly a misrepresentation. … Here, Jones argues that his plea is invalid because he did not understand that the facts to which he stipulated in his plea agreement failed to qualify as wire fraud.

James M. HAGOOD, Plaintiff-Appellant, v. SONOMA COUNTY WATER AGENCY, Defendant-Appellee

81 F.3d 1465 · Court of Appeals for the Ninth Circuit · Apr 15, 1996

However, we accept the factual findings underlying such determination uMess they are clearly erroneous. United States ex rel. Barajas v. … Indeed, Hagood’s fixed repayment schedule claim was not clearly stated even in his third amended complaint.

National Labor Relations Board v. Mountain Pacific Chapter of the Associated General Contractors, Inc.

270 F.2d 425 · Court of Appeals for the Ninth Circuit · Aug 28, 1959

This Court has announced the law quite clearly. An employer who agrees to the operation of a hiring hall in which discriminatory practices are carried on by the Union thereby aids in the enforcement of such a contract. … But we take it the latter expressions are explained by a qualifying note. This is far from a positive finding of fact. There is another factor.