Case law

Donovan & Schuenke v. Sampsell

226 F.2d 804 · Court of Appeals for the Ninth Circuit · Jun 21, 1955

Rather, it depends upon the doctrines of the established law of equity, which applies to all fiduciaries, whether they be express trustees, agents or subagents. 22 A review of the facts indicates clearly the position occupied … It is established to protect the courts themselves from suspicion of chicanery. 52 But it is said that the status quo cannot be established, and the innocent will suffer.

Paul Rodger Weller v. Fred H. Dickson, Andrew Emmitte Pope v. Richard A. McGee

314 F.2d 598 · Court of Appeals for the Ninth Circuit · Mar 29, 1963

That appellant Pope's complaint alleges facts which, if true establish that his claim has merit and that he is entitled to be heard. 13 Appellants have stated "the privilege of proceeding in forma pauperis is a matter within … wrongs redressed without the ordinary burdens of litigation, at the same time intended to safeguard members of the public against an abuse of the privilege by evil-minded persons who might avail themselves of the shield of immunity

United States v. William Douglas Lomow

266 F.3d 1013 · Court of Appeals for the Ninth Circuit · Sep 17, 2001

For example, Lomow established post office boxes *1018 for his sham companies. … In this case, the parties did not brief the issue of who had the burden of proof, and the district court did not clearly indicate either way on which party it placed the burden.

Ramon Garcia Maria Morfin Garcia v. United States of America, U.S. Dept. Of Justice & I & Ns

826 F.2d 806 · Court of Appeals for the Ninth Circuit · Sep 2, 1987

The finding that the teenager was in danger of death or serious bodily injury is clearly erroneous. 13 *812 2. … Garcia’s belief, however reasonable, that Hummel intruded into Mexico cannot qualify or diminish Hummel’s right to defend himself from attack. See supra n. 10, U 3.

Robert Barnett v. U.S. Air, Inc.

228 F.3d 1105 · Court of Appeals for the Ninth Circuit · Oct 4, 2000

establishes that Barnett is not disabled within the meaning of the ADA. … The Thompson court found this limitation inadequate to establish a triable issue as to the plaintiff's disability.

Henri Nababan v. Merrick Garland

18 F.4th 1090 · Court of Appeals for the Ninth Circuit · Nov 23, 2021

The court held that the “BIA did not abuse its discretion in finding that Petitioners failed to establish materially changed circumstances in Indonesia to qualify for an exception to the time limitations for a motion to reopen … But that “something” was clearly presented to the BIA in Petitioners’ motion to reopen.

J. L. D. v. City of Los Angeles

555 F. App'x 670 · Court of Appeals for the Ninth Circuit · Feb 20, 2014

The district court held that Goff’s use of deadly force was objectively reasonable and alternatively that Goff was entitled to qualified immunity even if the use of deadly force was not objectively reasonable. … The medical examiner’s report establishes that Doucet was shot once in his torso and also (the fatal shot) once in the base of his neck. The shot to the neck traveled in a downward position through Doucet’s chest.

Martin Jimeno, Plaintiff-Appellant-Cross-Appellee v. Mobil Oil Corporation, Defendant-Appellee-Cross-Appellant

66 F.3d 1514 · Court of Appeals for the Ninth Circuit · Sep 28, 1995

Dallas reported to Mobil on September 24, 1990 that Jimeno should be deemed a “Qualified Injured Worker” under California’s workers’ compensation laws. … agreement with him in the way that the company administered the provisions of the CBA regarding evaluation of physical fitness or availability of the grievance process as a dispute resolution mechanism: such a claim would clearly

United States v. Graf

610 F.3d 1148 · Court of Appeals for the Ninth Circuit · Jul 7, 2010

Having examined the billing entry in question, we hold that this finding is not clearly erroneous. … He contends that only the latter could qualify as health care benefit program funds.

United 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.

Scott v. Boos

215 F.3d 940 · Court of Appeals for the Ninth Circuit · Jun 8, 2000

The defendants next argue that the change in remedy is not sufficient to establish a retroactive effect. … Nowhere in Landgraf does the Court define what rights qualify as “rights a party possessed.” Further, Landgraf cites United States Fidelity & Guaranty Co. v. United States ex rel.

Adkison v. Commissioner

592 F.3d 1050 · Court of Appeals for the Ninth Circuit · Jan 21, 2010

He meets the requirements to establish jurisdiction in the Tax Court under § 6015(e). … We are *1055 reluctant to read limitations on jurisdiction into a statutory scheme that does not clearly divest a court of jurisdiction. See generally United States v.

Cheairs v. City of Seattle

Court of Appeals for the Ninth Circuit · Aug 1, 2025

The City’s motion did not seek a ruling that Defendants were entitled to qualified immunity.  CHEAIRS V. CITY OF SEATTLE 5 We affirm the district court’s judgment. … “Accidental force will not qualify. Nor will force intentionally applied for some other purpose.”

Butler v. Curry

528 F.3d 624 · Court of Appeals for the Ninth Circuit · Jun 9, 2008

The state court decision in Butler’s case was contrary to this clearly established law. … Supreme Court precedents that “qualify as an old rule under *640 [:Teague ] ... constitute ‘clearly established Federal law* ” within the meaning of AEDPA. Williams v.

Re Naturalization of Antolin Punsalan Pangilinan, Petitioners v. Immigration and Naturalization Service, Re Naturalization of Mario Valderrama Litonjua v. Immigration and Naturalization Service

809 F.2d 1449 · Court of Appeals for the Ninth Circuit · Feb 13, 1987

Petitioner, in enforcing the cutoff date established by Congress, as well as in recognizing claims for the benefits conferred by the Act, is enforcing the public policy established by Congress. 18 Hibi, 414 U.S. at 8 , 94 … Because petitioners cannot qualify for, and do not seek relief under, the current immigration act, 796 F.2d at 1096 , the court's jurisdiction must be based, if it exists at all, on the 1940 Act.

Zimmerman v. Bishop Estate

25 F.3d 784 · Court of Appeals for the Ninth Circuit · May 31, 1994

It is clear that Zimmerman, a perennial candidate for office and a gadfly, was a nuisance to the establishment, to Bishop Estate, and to a number of Hawaiian governmental entities. … All the interrogatories specifically relied on by the district court readily qualify under this standard.

United States v. Frank A. M. Luca

183 F.3d 1018 · Court of Appeals for the Ninth Circuit · Jul 7, 1999

Age standing alone, however, does not establish someone -as a specific victim. Here, the district court made insufficient findings to support an age-based enhancement. … Moreover, Luca clearly used his victims’ faith to target investors.

Universal Pictures Co. v. Harold Lloyd Corporation

162 F.2d 354 · Court of Appeals for the Ninth Circuit · May 12, 1947

The testimony of the expert witnesses clearly establishes that the picture’s value has been lessened by the appropriation of an important sequence by the appellants, and it is common knowledge that the repeated use of comedy … The court found that they were qualified to testify, and these witnesses gave considerable testimony on the losses held to have been caused by the infringement.

Tamara Moore v. Mars Petcare US, Inc.

966 F.3d 1007 · Court of Appeals for the Ninth Circuit · Jul 28, 2020

The non-prescription dog food was also marketed to “[p]romote[] balanced urinary pH” and “a healthier immune system [and] urinary tract,” 4 The Final CPG is published at 81 Fed.Reg. 26,236–01. … “[A]ny plaintiff who has standing under the UCL’s and FAL’s ‘lost money or property’ requirement will, a fortiori, have suffered ‘any damage’ for purposes of establishing CLRA standing.”

David Clinton Hatton v. Edward Bonner

356 F.3d 955 · Court of Appeals for the Ninth Circuit · Jan 27, 2004

Andrade, 538 U.S. 63 , 123 S.Ct. 1166, 1173-74 , 155 L.Ed.2d 144 (2003) (discussing “clearly established Federal law” prong of statutory standard). … Thus, the California Court of Appeal did not determine the facts unreasonably, 28 U.S.C. § 2254 (d)(2), nor did it unreasonably apply clearly established federal law, id. § 2254(d)(1). AFFIRMED. 1 .