Case law

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.

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.

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.

Marjorie Konda Lolong v. Alberto R. Gonzales, Attorney General

484 F.3d 1173 · Court of Appeals for the Ninth Circuit · May 7, 2007

Cardoza-Fonseca, 480 U.S. at 429 n. 6, 107 S.Ct. 1207 . "[0]ur case law quite clearly establishes that the legal difference between ‘clear probability' and 'well-founded fear’ must be respected.” Rebollo-Jovel v. … We know this discussion was part of the BIA’s asylum analysis because at the end of this discussion the opinion states "[n]or has the respondent established that ... she would qualify for withholding of removal.”

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.

Sifuentes v. Brazelton

825 F.3d 506 · Court of Appeals for the Ninth Circuit · Feb 18, 2016

But there is no clearly established Supreme Court rule that “a demeanor-based explanation must be rejected if the judge did not observe or cannot recall the juror’s demeanor.” Thaler v. … B Under AEDPA, we must determine whether the California Court of Appeal’s rejection of Sifuentes’ claim “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal

Vietnam Veterans of America v. Central Intelligence Agency

791 F.3d 1122 · Court of Appeals for the Ninth Circuit · Jun 30, 2015

We ourselves have explained that we can compel agency action only when the legal obligation is “so clearly set forth that it could traditionally have been enforced through a writ of mandamus.” … The phrase “[v]olunteers are authorized all necessary medical care for injury or disease that is a proximate result of their participation in research,” does not qualify as “the ordering of a ‘precise, definite act ... about

United States v. Warren James Bland

961 F.2d 123 · Court of Appeals for the Ninth Circuit · Mar 20, 1992

Exhibit 13 was admissible under Fed.R.Evid. 803(6) if a custodian of the record or another qualified person established that (1) Exhibit 13 was made by a person with knowledge at or near the time of the incident recorded, … Section 924(e) is not ambiguous in terms, and it was “clearly intended to incapacitate and to punish severely” recidivist violent and armed felons.

United States v. Hector Arellano-Rivera,defendant-Appellant

244 F.3d 1119 · Court of Appeals for the Ninth Circuit · Apr 4, 2001

Defense counsel proffered that Arellano-Rivera suffers from an advanced case of Acquired Immune Deficiency Syndrome (“AIDS”) and from other related diseases, and that he was forced to reenter the United States in order to … We observed that the government clearly did not obtain the § 1326 indictment within the thirty-day time period allotted by the STA. Id. at 1196-97 (citing 18 U.S.C. § 3161 (b)).

A.B. v. County of San Diego

Court of Appeals for the Ninth Circuit · Apr 8, 2022

To determine whether a defendant is entitled to qualified immunity, we evaluate: (1) whether defendant’s conduct violated a constitutional right and (2) whether that right was clearly established at the time of the incident … Even assuming that the 3 deputy defendants used more force than necessary to hold Birtcher in place during the final 30 seconds, we know of no clearly established law that would

United States v. John Anthony Williams

441 F.3d 716 · Court of Appeals for the Ninth Circuit · Mar 21, 2006

As the Second Circuit explained in Rybicki : “Although the bulk of the pre-McNally honest-services cases involved employees, we see no reason the principle they establish would not apply to other persons who assume a legal … On this record, the district court did not clearly err in finding that Stubbs was a vulnerable victim. AFFIRMED.

Cathleen Parra v. Michael J. Astrue, Commissioner of the Social Security Administration

481 F.3d 742 · Court of Appeals for the Ninth Circuit · Mar 23, 2007

Marmorstein’s testimony, the ALJ stated orally that the evidence clearly indicated that Parra was disabled due to alcohol-induced cirrhosis by 1995, and that the operative question was whether the disease would have resolved … “A finding of ‘disabled’ under the five-step inquiry does not automatically qualify a claimant for disability benefits.” Bustamante v. Massanari, 262 F.3d 949, 954 (9th Cir.2001).

United States v. Nelson

38 F. App'x 386 · Court of Appeals for the Ninth Circuit · Mar 5, 2002

We cannot say that the district court’s findings were clearly erroneous. IV. … There is no requirement that expert testimony be presented in child pornography cases to establish the age of children in the pictures.

27 Fair empl.prac.cas. 1463, 27 Empl. Prac. Dec. P 32,397 Alvin C. Wilson v. State of Nevada State of Nevada Department of Motor Vehicles and Nevada State Personnel Division

666 F.2d 378 · Court of Appeals for the Ninth Circuit · Jan 22, 1982

the equivalent of a high school education and can no longer receive any benefit from an injunction ordering appellees to halt enforcement of the requirement, his claims involving monetary and related relief place his case clearly … graduate from high school or take and pass the G.E.D. certification test (or those who fail to graduate or fail to obtain G.E.D. certification), could assert the identical position asserted by Wilson, i.e., that they are qualified

United States v. Timothy Allen Wenner

351 F.3d 969 · Court of Appeals for the Ninth Circuit · Dec 12, 2003

It is well-established that we may not rely on an information alone to determine the elements of conviction. See United States v. … For contrary to established practice, see, e.g., Wash. Dep't of Social & Health Serv. v.

RISVIN DE LEON LOPEZ V. MERRICK GARLAND

Court of Appeals for the Ninth Circuit · Oct 21, 2022

Here, the IJ clearly found that, even assuming that De Leon was credible in contending that two of his attackers wore uniforms, that testimony was not sufficiently persuasive to establish that they were in fact 32 … As I will explain, the record clearly contains such evidence here.

United States v. Frank Javier Cordoba

194 F.3d 1053 · Court of Appeals for the Ninth Circuit · Nov 12, 1999

He avers that the district court misapplied Daubert and that its conclusions rested on clearly erroneous findings of fact. … Rule 702 provides that an expert may be qualified to testify based on his “knowledge, skill experience, training, or education.” Fed. R.Evid. 702.

Jack A. Rivera v. Baker West, Inc., an Arizona Corporation Baker Concrete Construction, Inc., an Arizona Corporation, Dba Baker Concrete, Inc.

430 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.