Case law

Native Village of Kivalina v. Exxonmobil Corporation

696 F.3d 849 · Court of Appeals for the Ninth Circuit · Sep 21, 2012

The fact that the damage occurred before the EPA acted to establish greenhouse gas standards does not alter the analysis. … Gov't Accountability Office, GAO 04-142, Alaska Native Villages: Most Are Affected by Flooding and Erosion, but New Qualify for Federal Assistance 30, 32 (2003).

Delaware Valley Surgical Supply Inc. v. Johnson & Johnson

Court of Appeals for the Ninth Circuit · Apr 30, 2008

However, Supreme Court jurisprudence has been neither vague nor ambiguous in establishing the direct purchaser rule. … The direct purchaser rule is a clearly established tenet of antitrust law and this case falls within its mandate. 4678 DELAWARE VALLEY v. JOHNSON & JOHNSON C.

Falcon Carriche v. Ashcroft

335 F.3d 1009 · Court of Appeals for the Ninth Circuit · Jul 14, 2003

The Streamlining Regulations A dramatic increase in caseload prompted the INS to establish the streamlining procedures in 1999. … For example, assume that the IJ denies a petition for cancellation of removal on the ground that the petitioner failed to establish hardship.

Levinson v. Baldwin

425 F.3d 671 · Court of Appeals for the Ninth Circuit · Sep 29, 2005

Abuse of dis- cretion may be found if the district court based its decision on an erroneous view of the law or on a clearly erroneous assess- ment of the evidence. … [4] We have held that “the mere existence of one non- frivolous claim” in a complaint does not immunize it from Rule 11 sanctions. Townsend v. Holman Consulting Corp., 929 F.2d 1358, 1364 (9th Cir. 1990).

Robert Hoopes and Rae S. Hoopes v. Union Oil Company of California, a Corporation

374 F.2d 480 · Court of Appeals for the Ninth Circuit · Feb 3, 1967

Imposition of liability for such damages clearly serves the statute’s purposes. South Carolina Council of Milk Producers v. Newton, 360 F.2d 414, 418-419 (4th Cir. 1966); Karseal Corp. v. … The alleged antitrust violation consists of Union’s entire course of conduct directed to the establishment and maintenance of exclusive dealing arrangements with service station outlets in Fairbanks and other Alaska areas

Janell Howard v. City of Coos Bay

871 F.3d 1032 · Court of Appeals for the Ninth Circuit · Sep 25, 2017

In this suit the letter establishes the fact that the City rejected Howard’s 2011 application—the cornerstone of her retaliation claims. … The relevant provision provides: 18 Because we conclude that Howard’s First Amendment claim fails on its merits, there is no need to address separately whether Craddock is entitled to qualified immunity.

Railway Labor Executives' Association v. Burnley

839 F.2d 575 · Court of Appeals for the Ninth Circuit · Feb 11, 1988

Sec. 219.307(2)(b) limit the scope of testing to determining whether drugs or alcohol are present in the subject's blood or urine. 92 The blood and urine testing program clearly satisfies the three-pronged test established … In all cases blood shall be drawn only by a qualified medical professional or by a qualified technician subject to the supervision of a qualified medical professional. 5 Sec. 219.213 Unlawful refusals; consequences (a) Disqualification

Manuel Diaz Arteaga v. Immigration and Naturalization Service

836 F.2d 1227 · Court of Appeals for the Ninth Circuit · Apr 6, 1988

This court has said that “our case law quite clearly establishes that the legal difference between ‘clear probability’ and ‘well-founded fear’ must be respected.” Rebollo-Jovel v. INS, 794 F.2d 441, 444 (9th Cir.1986). … Clearly, forced recruitment into the war against the government is politically motivated. Cf. id. (possible retribution for unpaid financial debt not political). 9 .

Marshall v. Marshall (In re Marshall)

392 F.3d 1118 · Court of Appeals for the Ninth Circuit · Dec 30, 2004

“He who attempts to establish title to property through a gift inter vivos, as against the estate of a decedent, takes upon himself a heavy burden, which he must support by evidence of clear and probative force, which clearly … Vickie Lynn Marshall clearly remained a party in the case.

Kristin Perry v. Arnold Schwarzenegger

Court of Appeals for the Ninth Circuit · Jan 4, 2011

III, § 3.5, and explaining, “It is a long-standing principle that a state may not immunize its officials from the requirements of federal law”).4 The Vargas claim therefore fails in this regard as well. B. … In general, an applicant for intervention need not establish Article III standing to intervene.

United States v. Castillo-Basa

478 F.3d 1025 · Court of Appeals for the Ninth Circuit · Feb 26, 2007

Such a rehashing of evidence previously presented would clearly be prohibited by the collateral estoppel doctrine.” … Dis. op. at 2130-31 (emphasis removed).15 Our ruling establishes no such automatic immunity.

United States v. Ralph Hatley

999 F.2d 392 · Court of Appeals for the Ninth Circuit · Jul 8, 1993

It would be unduly burdensome to require the police to establish that every car that appeared to be mobile was indeed mobile before making the search. … unless clearly erroneous.’

McDaniel v. Chevron Corp.

203 F.3d 1099 · Court of Appeals for the Ninth Circuit · Feb 9, 2000

Mitsui Min. & Smelting Co., 947 F.2d 218 , 221 (6th Cir.1991) (stating that “based upon” as used in the Foreign Sovereign, Immunities Act should be read plainly as “arising from”); Werre v. … IRS Announcement 95-33 establishes guidelines for IRS specialists to follow in examining pension plans for “qualified joint and-survivor issues and single sum distribution issues.”

James W. Menefield v. Robert G. Borg, Warden

881 F.2d 696 · Court of Appeals for the Ninth Circuit · Aug 2, 1989

On appeal, both jury conclusions and the factual decisions of the trial court are either immune from review or treated under a highly deferential standard. See, e.g., People v. … Once the principles of waiver are clearly enumerated, the task of applying the standards to this case becomes fairly simple.

50 soc.sec.rep.ser. 500, unempl.ins.rep. (Cch) P 15161b, 96 Cal. Daily Op. Serv. 2159, 96 Daily Journal D.A.R. 3640 Catherine A. Smolen v. Shirley S. Chater, Commissioner of Social Security Administration

80 F.3d 1273 · Court of Appeals for the Ninth Circuit · Mar 29, 1996

The parties appear to agree that this was the material time period. 18 The ALJ's approach assumes that Smolen can "tack" disabilities in order to qualify for benefits. … The record is fully developed and, considering the evidence that the ALJ improperly discredited, a finding of disability is clearly required.

United States v. Brande

86 F. App'x 338 · Court of Appeals for the Ninth Circuit · Jan 21, 2004

Indeed, Brande explicitly agreed that he did not qualify for a reduction under this section of the guidelines because he was charged with and convicted of a completed offense. Thus, the issue has been waived. … The court did not clearly err in so finding. See United States v. Lindholm, 24 F.3d 1078, 1086 (9th Cir.1994). E.

Big Sespe Oil Co. v. Cochran

276 F. 216 · Court of Appeals for the Ninth Circuit · Oct 3, 1921

Clearly, when the execution sale was had, Cochran was the holder and owner of the legal title to the property, in actual possession, and operating the same. The Pacific Crude Oil Company had then no right of possession. … The purchaser acquired merely a qualified estate in the property sold until the time for redemption expired.

Concepcion S. Wabol v. Victorino Villacrusis

958 F.2d 1450 · Court of Appeals for the Ninth Circuit · Mar 16, 1992

Although NMI may clearly determine whether a federal court or a newly established appellate court may entertain appeals from a local trial court, Congress *1458 has expressly established that NMI is not authorized to make … but it is of only minimal relevance to the threshold question of the validity of the Congressional waiver of equal protection restraints *1462 in sections 501(b) and 805. 20 A restriction need not be precisely tailored to qualify

99 Cal. Daily Op. Serv. 1118, 1999 Daily Journal D.A.R. 1391 Alonso Antonio Barahona-Gomez Carmen Victoria Vazquez De Barahona Alonso Antonio Barahona-Vasquez Brenda Verzosa Dino Verzosa Humberto Javier-Rivas Bosco Guillermo Rivas Carole Beltran Santiago Ramon Sequeira Graciela De Los Angeles Isariuz Sandra Los Angeles Sequeira Marta Aguilar v. Janet Reno, Attorney General Executive Office for Immigration Review Michael Creppy, Chief Immigration Judge Paul Schmidt, Chairman of the Board of Immigration Appeals, Alonso Antonio Barahona-Gomez Carmen Victoria Vazquez De Barahona Alonso Antonio Barahona-Vasquez Brenda Verzosa Dino Verzosa Humberto Javier-Rivas Bosco Guillermo Rivas Carole Beltran Santiago Ramon Sequeira Graciela De Los Angeles Isariuz Sandra Los Angeles Sequeira Marta Aguilar v. Janet Reno, Attorney General Executive Office for Immigration Review Michael Creppy, Chief Immigration Judge Paul Schmidt, Chairman of the Board of Immigration Appeals

167 F.3d 1228 · Court of Appeals for the Ninth Circuit · Feb 11, 1999

See 8 C.F.R. § 3.1 (a)(2) ("The Chairman [of the BIA] shall direct, supervise, and establish internal operating procedures and policies of the Board"); 8 C.F.R. § 3.9 (duties of the Chief Immigration Judge include establishment … Absent any showing by defendants of cost, we cannot say the district court clearly abused its discretion in determining the bond amount.

Anderson v. Evans

350 F.3d 815 · Court of Appeals for the Ninth Circuit · Nov 26, 2003

See IWC Chairman's Report of the 49th Annual Meeting, at 19 (Oct.1997). 58 Delegates at the IWC meeting again disagreed about whether the Tribe qualified under the aboriginal subsistence exception. … Thus, the MMPA would clearly apply to the Tribe's whaling off the coast of Washington State in the Strait of Juan de Fuca.