Case law

United States v. J. Norman Jones

425 F.2d 1048 · Court of Appeals for the Ninth Circuit · Apr 7, 1970

While clearly the use of special verdicts frequently aids an appellate court in determining the jury’s thinking, Beek v. … The Court itself in Kann, supra, had qualified its general language by this statement: “The case is to be distinguished from those where the mails are used prior to, and as one step toward, the receipt of the fruits of the

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.

United States v. Milton Scott

859 F.2d 792 · Court of Appeals for the Ninth Circuit · Oct 19, 1988

Even if this issue were properly preserved for appeal, Scott fails to establish that the admission of the tapes was error. II. … Scott qualified as a special offender because on three prior occasions he had been convicted of felonies in California state courts, the last resulting in his parole in May 1981.

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.

United States v. Tuan Luong

965 F.3d 973 · Court of Appeals for the Ninth Circuit · Jul 17, 2020

At Luong’s first trial, the government solely relied on Luong’s use of Craigslist to establish an effect on interstate commerce. … To hold otherwise would be to mandate that defense counsel sit on her hands while the government proffers affidavits in lieu of live testimony, or lay witnesses rather than qualified experts to provide expert opinions, or

Theresa Dayton v. State of Alaska

584 F. App'x 699 · Court of Appeals for the Ninth Circuit · Aug 28, 2014

The Westfall Act “accords federal employees absolute immunity from common-law tort claims arising out of acts they undertake in the course of their official duties.” Id., at 229. … This conclusion unambiguously holds that the Attorney General’s certification establishes federal jurisdiction.

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).

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

Richard Frederick Donaghy Karen Sue Donaghy v. City of Santa Rosa Henry, Officer Collard, Officer Ruge, Officer Young, Officer

139 F.3d 904 · Court of Appeals for the Ninth Circuit · Feb 19, 1998

Further, because the undisputed facts establish that the level of force used in arresting the Donaghys was reasonable under the circumstances, the police officers were entitled to qualified immunity on the excessive force … Also, qualified immunity was appropriate on the claim that the officers seized the Donaghys' vehicle unlawfully.

Robert Boule v. Erik Egbert

Court of Appeals for the Ninth Circuit · May 20, 2021

Britton, 523 U.S. 574, 592 (1998) (“[T]he general rule has long been clearly established” that “the First Amendment bars retaliation for protected speech . . .”). … Just as excessive force is a well-established Fourth Amendment claim, retaliation is a well-established First Amendment claim.

United States v. Aguila-Montes De Oca

Court of Appeals for the Ninth Circuit · Aug 11, 2011

PENAL CODE § 261.5(a), does not qualify categorically as “statutory rape” because it establishes eighteen rather than sixteen as the age of consent. Rodriguez-Guzman, 506 F.3d at 746. … Both cases clearly express approval for applying the modified categorical approach to convictions under divisible statutes.

The International Association Of Independent Tanker Owners (Intertanko) v. Gary Locke

148 F.3d 1053 · Court of Appeals for the Ninth Circuit · Aug 31, 1998

In contrast, if the regulations apply evenhandedly to in-state and out-of-state interests, the party challenging the regulations must establish that the incidental burdens on interstate and foreign commerce are clearly excessive … However, Intertanko fails to point to any evidence in the record to establish that this "incidental burden[ ] on interstate and foreign commerce [is] clearly excessive in relation to the putative local benefits." Id.

Ahmed v. Keisler

Court of Appeals for the Ninth Circuit · Oct 16, 2007

Further, this incident clearly would never have happened except for his family’s political opinion. … To qualify for CAT relief, Ahmed must establish that it is more likely than not that he would be tortured if removed to Ban- gladesh. See Zhang v.

Freund v. Nycomed Amersham

326 F.3d 1070 · Court of Appeals for the Ninth Circuit · Apr 22, 2003

that established law. … (applying Pennsylvania substantive rule preventing waiver of municipalities' sovereign immunity and allowing municipality to raise sovereign immunity in 50(b) motion notwithstanding failure of municipality to raise immunity

Rochelle Nishimoto v. County of San Diego

Court of Appeals for the Ninth Circuit · Mar 18, 2021

Deputy Johnson clearly had personal knowledge about what Nurse Brantman told him. 3 conversation goes to the weight not the admissibility of his testimony, especially since he … immunity argument, as she raises it for the first time on appeal.

Holley v. Crank

400 F.3d 667 · Court of Appeals for the Ninth Circuit · Mar 7, 2005

Among the officer/broker's obligations for supervision is "the establishment of policies, rules, procedures and systems to review, oversee, inspect and manage ... … also alleged that Triad paid its taxes under Meyer's tax identification number not the corporation's. 44 When substantial ownership of all the stock of a corporation in a single individual is combined with other factors clearly

Schad v. Ryan

595 F.3d 907 · Court of Appeals for the Ninth Circuit · Sep 11, 2009

Through this impeachment, the defense established Duncan had a motivation to testify falsely. … We held that the court’s imposition of a nexus requirement was contrary to the clearly established rule set forth in Eddings. Id.

Ann Rosalia v. City of Hayward

Court of Appeals for the Ninth Circuit · Sep 11, 2023

We review a grant of summary judgment and qualified immunity de novo, Longoria v. Pinal Cnty., 873 F.3d 699, 703-04 (9th Cir. 2017). … established at the time of the alleged violation.

Concepcion S. Wabol v. Victorino Villacrusis

898 F.2d 1381 · Court of Appeals for the Ninth Circuit · Feb 20, 1990

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

United Steelworkers of America v. Retirement Income Plan for Hourly-Rated Employees of ASARCO, Inc.

512 F.3d 555 · Court of Appeals for the Ninth Circuit · Jan 7, 2008

Under the relevant pension plan documents, these employees were entitled to collect immediate, unreduced retirement benefits if they qualified for “70/80” benefits. … Therefore, we will not depart from the rule established by the Supreme Court in the Steelworkers Trilogy, and we will apply the presumption of arbitrability in this case. B.