Case law
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473 F.3d 1026 · Court of Appeals for the Ninth Circuit · Jan 16, 2007
They also allege — and the government now concedes — ’that the arrest of Beltran was improper because his Mexican driver’s license qualified him to operate a motor vehicle in California. … Of course, Officer Hulben clearly was part of a coordinated effort — he acted on a request from Sergeant Meier. But their argument seems to go further.
Cited 93 timesPublishedHydrostorage, Inc. v. Northern California Boilermakers Local Joint Apprenticeship Committee
891 F.2d 719 · Court of Appeals for the Ninth Circuit · Dec 6, 1989
The parties agree that the Boilermakers’ apprenticeship trust fund (Fund) qualifies as an ERISA employee benefit plan. … As such, the Committee qualifies as “an employer or ... employee organization, or ... both.” Id.
Cited 3 timesPublishedMitchell Carlton Sims v. Jill Brown, Warden
425 F.3d 560 · Court of Appeals for the Ninth Circuit · Sep 21, 2005
On this claim the district court found that* Sims failed to establish that his attorney’s performance was deficient because counsel consulted qualified experts who did not suggest the need for additional information or experts … Vieary was qualified to do so, as he admitted.
Cited 52 timesPublishedHawaiian Telephone Company v. Public Utilities Commission Of State Of Hawaii
827 F.2d 1264 · Court of Appeals for the Ninth Circuit · Sep 11, 1987
The causes of action are clearly not the same, and res judicata cannot apply. See Commissioner v. … The PUC clearly has supreme authority with regard to intrastate ratemaking; but the PUC is not entitled to define boundaries of its intrastate sphere that are different from those established by the valid FCC order.
Cited 0 timesPublished830 F.2d 1524 · Court of Appeals for the Ninth Circuit · Oct 26, 1987
Life insurance proceeds are similarly a gain in well-being and, therefore, qualify as income for purposes of the AFDC. … Thus these awards qualify as income.
Cited 12 timesPublishedRobert Nolen Briggs v. United States
397 F.2d 370 · Court of Appeals for the Ninth Circuit · Jun 26, 1968
But the regulations clearly required that appellant be given a physical inspection and that he be rejected if found unfit. Not all procedural irregularities vitiate an order to step forward for induction. … Prejudice to the registrant from failure to observe regulations must be established. United States ex rel. Lipsitz v.
Cited 53 timesPublished642 F.3d 1226 · Court of Appeals for the Ninth Circuit · Jun 24, 2011
The abstract of judgment established the crime of conviction, while the information established that the drug charge was for possession of methamphetamine. … Coupled with Pagayon’s admission, the record of conviction clearly, convincingly and unequivocally shows that Pagayon was convicted of a controlled substance offense. 2 The government met its burden of establishing removability
Cited 5 timesPublished715 F.3d 1169 · Court of Appeals for the Ninth Circuit · Apr 24, 2013
Section 402(a) prescribes the tax treatment of qualified (rather than nonqualified) benefit plans. … Clearly, any rational person would be willing to pay more for a contract that pays out $32,576 in 24 days than a contract that pays out nothing.
Cited 9 timesPublishedJesse E. Taylor v. United States Civil Service Commission
374 F.2d 466 · Court of Appeals for the Ninth Circuit · Mar 9, 1967
In light of the foregoing, any legal conclusions based upon such finding are clearly erroneous.” … Such inference remains even though the convictions of appellant on such charges are later expunged under Penal Code § 1203.4, since no showing of innocence of the charges is required in order to qualify for ex-pungement of
Cited 30 timesPublishedCourt of Appeals for the Ninth Circuit · Apr 19, 2019
Finally, the district court erred by granting qualified immunity to Defendant. … The law was clearly established in 2012 that correctional officers violate the First Amendment by retaliating against prisoners for exercising the First Amendment right to file prison grievances, Brodheim, 584 F.3d at 1269
Cited 0 timesUnpublishedDavid Smith v. Jaquelyn Aufderheide
371 F. App'x 825 · Court of Appeals for the Ninth Circuit · Mar 24, 2010
To establish his unlawful retaliation state law claim, he had to prove that he was fired for “opposing what [he] reasonably believed to be discrimination . . . or for providing information to or participating in a proceeding … Smith’s argument that Brand, Casteel, and Aufderheide should not have been granted qualified immunity is nonsensical in light of the fact that they were not granted any sort of immunity. 5, Finally, because we
Cited 0 timesUnpublishedC.J.L.G., a Juvenile Male v. William Barr
923 F.3d 622 · Court of Appeals for the Ninth Circuit · May 3, 2019
But, “it is a burden clearly contemplated by the regulation promulgated by the Attorney General” and the statute passed by Congress. Id. C.J.L.G. V. … By contrast, a determination that an alien qualifies for special immigrant status provides no relief itself.
Cited 18 timesPublished501 F.2d 258 · Court of Appeals for the Ninth Circuit · Jul 25, 1974
And true, much of plaintiffs’ complaint is clearly beyond the reach of § 301, being concerned not with breaches of the collective bargaining agreement but with the substance of the agreement itself. *262 Nevertheless, plaintiffs … F.Supp. 589 (D.Alaska 1968), aff’d per curiam, 393 U.S. 405 , 89 S.Ct. 684 , 21 L.Ed.2d 633 (1969), for example, a three-judge district court held that Vaca spoke only to § 301 suits and thus offered only narrow preemption immunity
Cited 69 timesPublishedUnited States v. Jose Arturo Portillo-Reyes
529 F.2d 844 · Court of Appeals for the Ninth Circuit · Apr 2, 1976
Accordingly, claims Reyes, the arrest and incidental search and seizure violated his Fourth Amendment immunities. … A fair reading of Endler’s testimony clearly reveals that Reyes’ revelation of joint citizenship with the three women aliens from El Salvador triggered the giving of the Miranda litany and immediate arrest of Reyes.
Cited 31 timesPublishedGeneva Towers Tenants Organization v. Federated Mortgage Investors
504 F.2d 483 · Court of Appeals for the Ninth Circuit · Oct 2, 1974
The landlords and the government contend that the district courts improperly established procedures for tenant review of rent increase applications. … Congress’ purpose was, again quite clearly, to provide the tenants with the benefit of low cost housing.
Cited 59 timesPublished430 F.3d 1253 · Court of Appeals for the Ninth Circuit · Dec 13, 2005
Thus, in order for Rivera’s settlement proceeds to qualify for a § 104(a)(2) exclusion, he must show that: (1) “the underlying cause of action giving rise to the recovery is ‘based upon tort or tort type rights;’ ” and (2 … We therefore conclude that the district court did not clearly err by classifying the settlement proceeds as lost wages not entitled to a § 104(a)(2) exclusion. B.
Cited 41 timesPublishedUnited States v. The State Of Montana
604 F.2d 1162 · Court of Appeals for the Ninth Circuit · Sep 20, 1979
However, the 1868 treaty in Article 4 accorded the Indians a qualified right to hunt on the land acquired from the Crows by the United States. … In that case we held barred by sovereign immunity a suit brought by California Against a tribe 6 United States v.
Cited 0 timesPublished495 F.2d 1 · Court of Appeals for the Ninth Circuit · Jun 11, 1974
On October 1, 1970, the Rincon Band adopted a tribal ordinance authorizing the establishment of a card room on the reservation where certain card games not prohibited by state statute could be played. … and maintain a gambling facility on the reservation. 26 We are satisfied that in the present case the threat is clearly of a general nature, and from the record it cannot be determined if there has been a history of prosecution
Cited 0 timesPublishedUnited States v. Ruslan Kirilyuk
29 F.4th 1128 · Court of Appeals for the Ninth Circuit · Apr 1, 2022
We found the district court’s finding on the quantity of account numbers clearly erroneous. Id. … Judicial decisions, conceptual in nature, are not statutes; the omission of a particular word (or here, a case citation) in a judicial opinion does not establish that the case did not hold what it clearly did.
Cited 37 timesPublishedCal—Bay Corp. v. United States
169 F.2d 15 · Court of Appeals for the Ninth Circuit · Jun 29, 1948
There are hundreds of transactions, your Honor, in oil royalty interests prior to the date when production has been established. … Experience in the values of leases in the San Joaquin area which supplies gas to San Francisco, clearly qualifies one to testify regarding commercial gas leases, testified as proven, which are nearer San Francisco and where
Cited 14 timesPublished
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