Case law

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.

Idaho v. Hodel

814 F.2d 1288 · Court of Appeals for the Ninth Circuit · Apr 9, 1987

Clearly such a practice would not be consistent with the requirement in the patent. … Bartlett, 465 U.S. 463 , 104 S.Ct. 1161 , 79 L.Ed.2d 443 (1984), which, it contends, clearly indicates that the establishment of Heyburn State Park diminished the Tribe’s reservation.

Julie Su v. Brian Bowers

89 F.4th 1169 · Court of Appeals for the Ninth Circuit · Oct 25, 2023

The EAJA partially waives the United States’ sovereign immunity and allows prevailing parties to seek attorneys’ fees and nontaxable costs if (a) the government’s position was not “substantially justified” or (b) the government … BOWERS 17 taxable cost by relying on a clearly erroneous finding of fact. Hinkson, 585 F.3d at 1263; 28 U.S.C. § 2412(a)(1).

51 Fair empl.prac.cas. 151, 45 Empl. Prac. Dec. P 37,605 Linda Eldredge, on Behalf of Herself and on Behalf of All Others Similarly Situated v. Carpenters 46 Northern California Counties Joint Apprenticeship and Training Committee

833 F.2d 1334 · Court of Appeals for the Ninth Circuit · Dec 9, 1987

If the requirement as implemented has a significantly discriminatory impact on women applicants, Eldredge clearly has the basis for a claim under Title VII. 9 The district court held, in effect, that use of a facially neutral … The alternate method is an established procedure set forth in the collective bargaining agreement.

I.R. ex rel. E.N. v. Los Angeles Unified School District

805 F.3d 1164 · Court of Appeals for the Ninth Circuit · Nov 17, 2015

Instead, the ALJ concluded that “the evidence convincingly establishes that [LAUSD] offered an appropriate placement, but Mother’s refusal to consent prevented [the] District from implementing and providing a FAPE.” … But this does not mean that the mere offer of a FAPE is enough to immunize a district from liability.

Jose Verdugo and Horace Eugene Turner v. United States

402 F.2d 599 · Court of Appeals for the Ninth Circuit · Oct 7, 1968

We conclude that as to Turner the evidence was sufficient to establish all of the elements of the offense. … He argues that it is impossible to defend the fairness of a sentencing procedure in which allegations of the determinative facts were immunized from explanation, correction, or refutation by deliberate nondisclosure.

Willis Randolph v. People of the State of California Attorney General of the State of California James Hamlet, Warden

380 F.3d 1133 · Court of Appeals for the Ninth Circuit · Aug 19, 2004

The venire is ultimately drawn from this group of qualified jurors. Approximately 25 percent of people fail to return the first questionnaire. … While these findings indicate that Kee did take action beyond mere listening, they also clearly demonstrate that he did this before the detectives talked to him.” Id. at 945 .

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.

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.

Wong Ho, as Guardian Ad Litem of Wong Kwok Wei v. John Foster Dulles, as Secretary of State

261 F.2d 456 · Court of Appeals for the Ninth Circuit · Nov 6, 1958

D., an eminently qualified local radiologist. His testimony corroborated that of Dr. Bergius. The trial judge so expressed himself. Using a different reference book, 5 standard in this country, *459 it was Dr. … This rule was recognized by the court below. 11 However, it is equally clear that findings of fact by the trial court will not be set aside on appeal unless clearly erroneous.

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

In Re Grand Chevrolet, Inc.

25 F.3d 728 · Court of Appeals for the Ninth Circuit · Jun 24, 1994

EXCHANGE EXCEPTION 22 The district court held that the contemporaneous exchange exception, Sec. 547(c)(1), 4 applied to the payments received by Pacific for Vehicles 2 and 3. 5 23 The checks given to Pacific Suzuki were clearly … However, the record developed before the district court does not establish whether other creditors had superior interests.

State of Nevada, States of Wisconsin, Mississippi and Utah, Intervenors v. John Herrington, Secretary of the Department of Energy, Department of Ecology of the State of Washington v. John Herrington, Secretary of the Department of Energy

827 F.2d 1394 · Court of Appeals for the Ninth Circuit · Sep 17, 1987

States with potentially acceptable repository sites qualify for grants from the generator-fed Fund to cover their participation costs for specified activities. … The Act has the stated purposes of (1) establishing a schedule for the siting, construction, and operation of repositories that will assure adequate protection from the hazards of radioactive waste, (2) establishing federal

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).

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.

United States v. Calhoun

542 F.2d 1094 · Court of Appeals for the Ninth Circuit · Sep 24, 1976

Viewed in context, we conclude that the district court’s determination that appellant’s consent was voluntarily given was not clearly erroneous. … Appellant Wimbley’s guilt was established beyond a reasonable doubt by competent evidence other than Forresta’s testimony about the January 11 trip. X.

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.

United States v. One 1986 Ford Pickup

56 F.3d 1181 · Court of Appeals for the Ninth Circuit · Jun 8, 1995

The order conclusively resolves the issues of costs and immunity from liability to a future action--issues separate from the merits of any such action. … Therefore, absent some reason to doubt the accuracy of the informant's statement regarding the source of the money, the government clearly had probable cause to believe Sanders's use of the truck had a "substantial connection

Adams v. Witmer

271 F.2d 29 · Court of Appeals for the Ninth Circuit · Dec 10, 1958

Of course the right time to question the failure to use a properly qualified Examiner was when the hearing began. … This is clearly the significance of the requirement in both statutes that courts consider the whole record. * * Congress has merely made it clear that a reviewing court is not barred from setting aside a Board decision when

Mangum v. Action Collection Service, Inc.

575 F.3d 935 · Court of Appeals for the Ninth Circuit · Aug 4, 2009

However, it dismissed Captain Furu on the ground that he was entitled to qualified immunity. … O’Brien, Inc., 467 U.S. 735, 743 , 104 S.Ct. 2720, 2725-26 , 81 L.Ed.2d 615 (1984) (“It is established that, when a person communicates information to a third party even on the understanding that the communication is confidential