Case law

C.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.

Wilshire Westwood Associates v. Atlantic Richfield Corp.

881 F.2d 801 · Court of Appeals for the Ninth Circuit · Aug 7, 1989

The word immediately preceding the qualifying phrase is “fraction.” 4 Plaintiffs’ proposed application ex *805 tends to more remote words and is ungrammatical. … The definition is a restatement of the meaning of the term as established by current law in Section 9001(2) of the Solid Waste Disposal Act.

Calvin R. Arnold v. Arrow Transportation Co. Of Delaware Arrow Transportation Co. Employees Retirement Plan

926 F.2d 782 · Court of Appeals for the Ninth Circuit · Feb 19, 1991

The Retirement Plan was a qualified defined benefit plan, as defined by ERISA, 29 U.S.C. §§ 1001 et seq., that provided benefits based on a formula using the employee’s years of service and final average salary. … We review the district court’s findings of fact under the clearly erroneous standard. Fed.R.Civ.P. 52(a); Rozay’s Transfer v.

Hydrostorage, 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.

David Peasley v. M. Spearman

Court of Appeals for the Ninth Circuit · Jun 27, 2022

And because it was clearly established that “a constitutional violation may take place when the government does not respond to the legitimate medical needs of a detainee whom it has reason to believe is diabetic,” Lolli … County of Orange, 351 F.3d 410, 420 (9th Cir. 2003), I would hold that Officer Lopez is not entitled to qualified immunity.

David 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

Schwab v. Commissioner

715 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.

Nutrition Distribution LLC v. Ironmag Labs, LLC

Court of Appeals for the Ninth Circuit · Oct 29, 2020

And White, Buchanan, and Budinich establish that Rule 59 does not extend to issues “collateral” to the merits of a case, such as a post-judgment motion for attorneys’ fees. … The Supreme Court in Budinich squarely rejected an approach “that requires the merits or nonmerits status of each attorney’s fee provision to be clearly established before the time to appeal can be clearly known.” Id.

United States v. Martinez-Martinez

Court of Appeals for the Ninth Circuit · Nov 13, 2006

MARTINEZ-MARTINEZ 18533 one where a person can in fact live, it does not qualify as a residential structure. … [9] Although the pre-sentence report’s recitation of the facts underlying Martinez-Martinez’s 2001 conviction clearly provides the nexus between the discharge of the firearm and the occupancy of the residence, the report

Close v. Thomas

653 F.3d 970 · Court of Appeals for the Ninth Circuit · Aug 3, 2011

The purpose of the docu- ment is to “re-establish criteria and procedures when considering an inmate for early release pursuant to 18 U.S.C. § 3621(e)(2)(B) for success- ful completion of the Residential Drug Abuse Program … Section 9 of the Program Statement reads, in pertinent part: “Upon a qualified inmate’s entry into the RDAP, the [Drug Abuse Program Coordinator], or designee, will . . . forward a Notice of § 3621(e) Date form [ ] to the

United States v. William Pinkus, Doing Business as "Rosslyn News Company" and "Kamera"

551 F.2d 1155 · Court of Appeals for the Ninth Circuit · Apr 7, 1977

clearly defines that group and shows that it was involved in some way with these materials. … 93 S.Ct. 2628, 2634 , 37 L.Ed.2d 446 (1973), where the Court, in discussing that obscene materials speak for themselves and no expert affirmative evidence is necessary when the materials are actually placed in evidence, qualified

Cal—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

Celsa Hilao v. Estate of Ferdinand E. Marcos, and Swiss Bank Corporation and Credit Suisse

95 F.3d 848 · Court of Appeals for the Ninth Circuit · Sep 11, 1996

The fact that the manner of service revolves around the location of property to be levied upon indicates clearly that the requirement only applies in proceedings to enforce a judgment. … relief.”). 11 Hilao does not argue that any “established principles” justify the district court’s order.

Wagner v. Professional Engineers in California Government

354 F.3d 1036 · Court of Appeals for the Ninth Circuit · Jan 14, 2004

Plaintiffs also argued that because PECG’s procedures for taking fair-share fees from non-members was insufficient under Hudson, Plaintiffs’ lawsuit qualified for the exception to the exhaustion requirement set forth in the … The district court's order clearly demonstrates that Plaintiffs have consistently asserted a chargeability claim.

Robert 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.

United States v. Maggi

598 F.3d 1073 · Court of Appeals for the Ninth Circuit · Mar 16, 2010

Both prongs must be satisfied to establish Indian status. … He is a descendant member of the tribe through his mother, though even she (with 1/32 Blackfeet blood) would not qualify for membership under the tribe’s present requirement.

Lamadrid v. Hegstrom

830 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.

96 Cal. Daily Op. Serv. 2706, 96 Daily Journal D.A.R. 4497 United States of America v. Guillermo Torres, United States of America v. Jose Zuniga, A/K/A Jose Flores-Zuniga

81 F.3d 900 · Court of Appeals for the Ninth Circuit · Apr 18, 1996

Although Torres and Zuniga were less culpable than Marrero and Salas, we cannot say that the district court clearly erred in determining they did not qualify as minor participants. 10 C. … According to the commentary at that time, "[w]here it is established that multiple documents are part of a set intended for use by a single person, treat the documents as one set." Section 2L2.1, comment. (n.2).

Donn L. Beriault v. Local 40, Super Cargoes & Checkers of the International Longshoremen's& Warehousemen's Union

501 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

Ocean Advocates v. United States Army Corps of Engineers

402 F.3d 846 · Court of Appeals for the Ninth Circuit · Mar 15, 2004

OA’s interests clearly meet the lenient zone of interests test. … We hold that the permit that the Corps issued qualifies as such a final agency action. II.