Robert H. Miller, Reg'l Dir. of Region 20 of the Nat'l Labor Relations Bd., for & on Behalf of the Nat'l Labor Relations Bd. v. California Pac. Med. Ctr., Robert H. Miller, Reg'l Dir. of Region 20 of the Nat'l Labor Relations Bd., for & on Behalf of the Nat'l Labor Relations Bd. v. California Pac. Med. Ctr., 2 F.3d 335 (9th Cir. 1993).

Robert H. Miller, Reg'l Dir. of Region 20 of the Nat'l Labor Relations Bd., for & on Behalf of the Nat'l Labor Relations Bd. v. California Pac. Med. Ctr., Robert H. Miller, Reg'l Dir. of Region 20 of the Nat'l Labor Relations Bd., for & on Behalf of the Nat'l Labor Relations Bd. v. California Pac. Med. Ctr., 2 F.3d 335 (9th Cir. 1993). Cases Citing This Book View Copy Cite

green Positive treatment 31.4 score

78 citation events (30 in the last 25 years) across 13 distinct courts.

Strongest positive: Greer v. County of San Diego (casd, 2023-03-01)

Treatment trajectory · 1993 → 2026 · click a year to view as-of

1993 2009 2026

Top citers, strongest first. 41 distinct citers. How cited ↗

discussed Cited as authority (rule) Greer v. County of San Diego

S.D. Cal. · 2023 · confidence medium

Montiel v. City of Los Angeles, 2 F.3d 335, 341 (9th 24 Cir. 1993) (holding that the district court should have presumed the Report of the 25 Independent Commission on the Los Angeles Police Department was trustworthy). 26 Defendants have not raised a challenge to the Grand Jury Report’s trustworthiness. 27 Accordingly, the Court overrules the hearsay objection to this 2016 Grand Jury Report. 28 1 The Court denies as moot the objections to the remaining evidence because it does not rely 2 on that evidence in ruling on this motion. 3 B.

discussed Cited as authority (rule) JAIME HOYOS V. RONALD DAVIS

9th Cir. · 2022 · confidence medium

Margaret A. was forthcoming regarding the 9 That one Hispanic veniremember was eventually seated as a juror and one was seated as an alternate “does weigh against an inference of discrimination, but ‘only nominally’ so.” Shirley v. Yates, 807 F.3d 1090, 1102 (9th Cir. 2015) (quoting Montiel v. City of Los Angeles, 2 F.3d 335, 340 (9th Cir. 1993)). 24 fact that Spanish was her first language and English was her second.

discussed Cited as authority (rule) Jaime Hoyos v. Ronald Davis

9th Cir. · 2022 · confidence medium

In response to the court’s question, Margaret A. said she would likely “let it kind of pass” rather than raising her hand if there was a word she did not understand in the trial. 9 That one Hispanic veniremember was eventually seated as a juror and one was seated as an alternate “does weigh against an inference of discrimination, but ‘only nominally’ so.” Shirley v. Yates, 807 F.3d 1090, 1102 (9th Cir. 2015) (quoting Montiel v. City of Los Angeles, 2 F.3d 335, 340 (9th Cir. 1993)).

discussed Cited as authority (rule) Specter v. Rainbow King Lodge, Inc.

D. Alaska · 2020 · confidence medium

“Public records and reports falling under Rule 803(8)[ ] are presumed trustworthy, placing ‘the burden of establishing untrustworthiness on the opponent of the evidence.’”42 Some courts have admitted ADs under Rule 803(8),43 while courts have excluded ADs due to a lack of trustworthiness.44 Here, as the court in in Aircraft N93PC concluded, the evidence shows that Transport Canada issued its AD because Stolairus would not, or could not, provide any flight testing to substantiate an aft center of gravity limit of 152.2 inches, and that it did so without doing any of its own flight testi…

discussed Cited as authority (rule) In re Crash of Aircraft N93PC on July 7, 2013, at Soldotna, Alaska

D. Alaska · 2020 · confidence medium

“Public records and reports falling under Rule 803(8)[] are presumed trustworthy, placing ‘the burden of establishing untrustworthiness on the opponent of the evidence.’” Montiel v. City of Los Angeles, 2 F.3d 335, 341 (9th Cir. 1993) (quoting Keith v. Volpe, 858 F.2d 467, 481 (9th Cir.1988)).

discussed Cited as authority (rule) United States v. HVI Cat Canyon, Inc.

C.D. Cal. · 2016 · confidence medium

See id.; Montiel v. City of Los Angeles, 2 F.3d 335, 341 (9th Cir. 1993) (public records are presumed trustworthy and the opponent of the evidence has the burden of showing untrustworthiness).

cited Cited as authority (rule) Darryl Shirley v. James Yates

9th Cir. · 2015 · confidence medium

Montiel v. City of L.A., 2 F.3d 335, 340 (9th Cir. 1993).

discussed Cited as authority (rule) Alejandro Velazquez v. City of Long Beach

9th Cir. · 2015 · confidence medium

He also stated to Velazquez’s counsel, as if the practice of preparing witnesses were unusual or made the testimony suspect, that “it appears that the witnesses were prepared to answer those questions.” Furthermore, the record reveals that, during trial, the district judge criticized and rebuked Velazquez’s counsel numerous times — often for exceedingly minor issues — while maintaining a more permissive and accommodating approach toward defense counsel. 16 “Litigants are entitled to a fair trial and a perception that the presiding judge does not possess a bias that will affect ru…

discussed Cited as authority (rule) Wolfe v. Fayetteville, Arkansas School District

8th Cir. · 2011 · confidence medium

Ambulance Serv., Inc., 116 F.3d 361, 363 (8th Cir.1997) (holding the district court’s decision to empanel a six-member jury is consistent with Rule 48); Montiel v. City of Los Angeles, 2 F.3d 335, 338 (9th Cir.1993) (holding “[t]he rule clearly states that a district court may empanel between six and twelve jurors.

discussed Cited as authority (rule) Stanley Williams v. Jeanne Woodford, Warden, California State Prison at San Quentin (2×)

9th Cir. · 2005 · signal: cf. · confidence medium

See, e.g., Paulino v. Castro, 371 F.3d 1083, 1091-92 (9th Cir.2004) (use of peremptory challenges to excuse five out of six possible African-American jurors raised inference of discrimination; case remanded to district court for evidentia-ry hearing); Palmer v. Estelle, 985 F.2d 456, 458 (9th Cir.1993) (holding that the fact that prosecutor did not attempt to remove all black jurors is not dispositive); cf. Montiel v. City of Los Angeles, 2 F.3d 335, 340 (9th Cir.1993) (noting that the presence of one minority on the jury may weigh against the defendant's prima facie showing but explaining tha…

discussed Cited as authority (rule) Williams v. Woodford (2×)

9th Cir. · 2005 · signal: cf. · confidence medium

See, e.g., Paulino v. Castro, 371 F.3d 1083, 1091-92 (9th Cir. 2004) (use of peremptory challenges to excuse five out of six possible African-American jurors raised inference of discrimination; case remanded to district court for evidentiary hearing); Palmer v. Estelle, 985 F.2d 456, 458 (9th Cir. 1993) (holding that the fact that prosecutor did not attempt to remove all black jurors is not disposi- tive); cf. Montiel v. City of Los Angeles, 2 F.3d 335, 340 (9th Cir. 1993) (noting that the presence of one minority on the jury may weigh against the defendant’s prima facie showing but explaini…

discussed Cited as authority (rule) Baron v. Hickey

D. Mass. · 2003 · confidence medium

Plaintiff relies on Fed.R.Evid. 803(8)(e) that provides an exception to the hearsay rule relating to “factual findings resulting from an investigation made pursuant to authority granted by law.” See Gentile v. County of Suffolk, 926 F.2d 142, 148 (2d Cir.1991) (upholding ruling admitting portions of investigative *76 report into alleged abuses at police department into evidence); Montiel v. City of Los Angeles, 2 F.3d 335, 341-42 (9th Cir.1993) (overturning trial court’s cursory refusal to admit investigative report concerning systemic civil rights abuses in the police department).

discussed Cited as authority (rule) Joaquin Leso Fernandez v. Ernie Roe, Warden General of the State of California People of the State of California

9th Cir. · 2002 · confidence medium

See Turner, 63 F.3d at 814 (“In denying a Batson motion, ... a trial court may not rely solely on the fact that some African-Americans remain on the jury.”); Montiel v. City of Los Angeles, 2 F.3d 335, 340 (9th Cir.1993) (stating that trial court “clearly erred” by refusing to conduct Batson inquiry where five of seven peremptory challenges were exercised against minorities even though one African-American woman remained on the jury, finding her presence to “only nominally” weigh against a prima facie showing).

discussed Cited as authority (rule) Barnes v. Anderson

2d Cir. · 1999 · confidence medium

See, e.g., Rafaeli v. Degonia, 156 F.3d 891, 892 (8th Cir.1998) (Judgment as matter of law pursuant to Rule 50(a) judgment not nullified by grant of new trial on Raison-like gender-based juror-challenge grounds); Montiel v. City of Los Angeles, 2 F.3d 335, 343 (9th Cir.1993) (granting new trial because of Batson violation but also affirming trial court’s Rule 50(a) dismissal of claim against one defendant).

discussed Cited as authority (rule) Arthur Barnes and Michelle Barnes v. Laura Anderson, Bernardo Aviles, Arnold Thomas, Alan Kaplan, and Randal Meierdierks

2d Cir. · 1999 · confidence medium

discussed Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Jacobo LOYOLA-DOMINGUEZ, Defendant-Appellant

9th Cir. · 1997 · confidence medium

Instead, documents that fall under the public records exception “are presumed trustworthy, placing ‘the burden of establishing untrustworthiness on the opponent of the evidence.’ ” Montiel v. City of Los Angeles, 2 F.3d 335, 341 (9th Cir.1993) (quoting Keith v. Volpe, 858 F.2d 467, 481 (9th Cir.1988)).

cited Cited as authority (rule) Equal Employment Opportunity Commission v. Pape Lift, Inc.

9th Cir. · 1997 · confidence medium