Case law

M.L., a Minor C.D., His Parent S.L., His Parent v. Federal Way School District Washington Superintendent of Public Instruction

394 F.3d 634 · Court of Appeals for the Ninth Circuit · Jan 14, 2005

In doing so, he extrapolates from the criminal context, where the Supreme Court has immunized certain errors that affect the constitutional rights of defendants from harmless error review. See generally Arizona v. … We affirmed, holding that "Target Range clearly did not comply with the procedures required by the IDEA." Id.

Mary E. Phillips v. United States Internal Revenue Service

73 F.3d 939 · Court of Appeals for the Ninth Circuit · Jan 10, 1996

For this purpose, recklessness is established if the party, first, clearly ought to have known that; second, there was a grave risk that withholding taxes were not being paid; and if, three, he was in a position to find out … cert. denied, 394 U.S. 921 , 89 S.Ct. 1197 , 22 L.Ed.2d 454 (1969) (explaining that courts have disagreed in the context of defamation case about "whether there should be gradations in the standard for defeasance of the immunity

Lloyd Charles Powell v. W. T. Stone, Warden

507 F.2d 93 · Court of Appeals for the Ninth Circuit · Dec 4, 1974

This condition is not explicitly stated in the Henderson ordinance, but it is clearly implied. … Two considerations clearly support the application of the exclusionary rule to this case.

Naim Butros v. United States Immigration and Naturalization Service

990 F.2d 1142 · Court of Appeals for the Ninth Circuit · Apr 9, 1993

The events surrounding [this] arrest clearly indicate a total lack of rehabilitation. I am further distressed by the respondent’s own testimony today. … In that connection, the BIA has determined that the “lawful permanent resident status” needed to qualify for § 212(c) relief ends when an administratively final order of deportation is entered, barring subsequent reversal

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

United States v. Mariano Murillo

255 F.3d 1169 · Court of Appeals for the Ninth Circuit · Jul 6, 2001

Accordingly, the district court did not clearly err under U.S.S.G. § 3B 1.2(b) by refusing to reduce Murillo’s sentence two levels for his claimed minor role in the offense. … "If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training

Gonzalez v. Duncan

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

The Court thus held that the California court decision was not contrary to clearly established Supreme Court precedent. Id. … Thus, we cannot conclude that the state court’s decision was con- trary to clearly established law as determined by the Supreme Court.

389 Orange Street Partners v. Arnold

170 F.3d 1200 · Court of Appeals for the Ninth Circuit · Mar 22, 1999

Both Connecticut’s negligence and general tort statutes of limitation had run unless Robinson can establish an exception. … The legal memorandum in opposition says nothing about the cross-claims qualifying as affirmative defenses.

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

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.

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.

Arizona v. Standard Oil Co.

906 F.2d 432 · Court of Appeals for the Ninth Circuit · Jun 22, 1990

Were we to permit such a theory, few pricing decisions would be immune from antitrust scrutiny. … Upon closer analysis, however, we conclude that each of the statements qualifies as nonhearsay under either Rule 801(d)(2)(D) or Rule 801(d)(2)(E).

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.

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

United States v. Chris Petti, AKA Chris George Poulos, United States of America v. Chris Petti, AKA Chris George Poulos

973 F.2d 1441 · Court of Appeals for the Ninth Circuit · Aug 10, 1992

The government further argues Petti does not qualify for the reduction because “he understood the full scope of the conspiracy and willingly participated in it.” … The government has pointed to no evidence indicating the district court clearly erred in *1448 concluding Petti’s role was minimal in comparison to that of his co-participants. VI.

United States v. State of Oregon v. Residents of Fairview Training Center Ronald Brelsford Plaintiffs-Intervenors, and Sonya Fryer Jorgina Oliver Ronald Lee Thelma Jackson Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Intervenors-Appellants

839 F.2d 635 · Court of Appeals for the Ninth Circuit · Feb 19, 1988

We have established a practical test which applicants must meet in order to qualify for intervention: 11 (1) the applicant's motion must be timely; (2) the applicant must assert an interest relating to the property or transaction … The United States in this litigation is concerned only with flagrant conditions at Fairview. 22 Clearly the district court's consideration of the United States' claims in isolation from the concerns of the applicants could

Chan v. Society Expeditions, Inc.

123 F.3d 1287 · Court of Appeals for the Ninth Circuit · Aug 29, 1997

Given this support in the record, we cannot conclude that the district court clearly erred in holding that Discoverer was the operator of the ship. … First, paragraph 18 is clearly identified as the contract’s choice-of-law clause.

William Waggoner v. Robert Lee Dallaire

649 F.2d 1362 · Court of Appeals for the Ninth Circuit · Jul 10, 1981

Under this standard, the district court erred in ruling that Dallaire’s MLA trust obligation was qualified by Fortsen's oral promise. *1367 III. … The Trustees argue that the finding is clearly erroneous. We need not reach this issue. The fraudulent inducement issue turns on factors other than this finding. See Part II, supra.

Jones v. Reagan

748 F.2d 1331 · Court of Appeals for the Ninth Circuit · Dec 4, 1984

Kim, 345 F.2d 45, 50 (5th Cir.1965). 8 Although we do not decide the issue, we suspect that Congress' termination of the seamen's long-standing free medical care would qualify as an "exceedingly good" excuse for the seamen's … The same facts establish the seamen's rights to cure.

Brown v. Lambert

Court of Appeals for the Ninth Circuit · Jun 26, 2008

Maiuro was not qualified to testify regarding lithium. The jury might well have concluded that if Dr. Mai- uro was not as qualified as Dr. … First, that was clearly not counsel’s actual reason for not calling Schick, given that it did not deter them from calling Dr. Maiuro.