Case law

Wheeler v. Yarbrough

352 F. Supp. 2d 1085 · District Court, C.D. California · Jan 4, 2005

Under the AEDPA, the “clearly established Federal law” that controls federal habeas review of state court decisions consists of holdings (as opposed to dicta) of Supreme Court decisions “as of the time of the relevant state-court … A state court decision is “contrary to” clearly established federal law if the decision either applies a rule that contradicts the governing Supreme Court law, or reaches a result that differs from the result the Supreme

Sunbelt Television, Inc. v. Jones Intercable, Inc.

795 F. Supp. 333 · District Court, C.D. California · Jul 9, 1992

Moreover, and more- importantly, the Supreme Court has consistently ruled that media antitrust defendants are not immune from suit if their program selections are guided by anti-competitive motives: The publisher claims a … Here, since plaintiffs have adequately plead a violation of the Sherman Act, they have clearly stated a cause of action under California's Unfair Competition law. See People v.

Yanek v. Staar Surgical Co.

388 F. Supp. 2d 1110 · District Court, C.D. California · Sep 19, 2005

Plaintiffs adequately identify which statements they allege to be misleading, and provide the reasons why they are misleading. 3 While Plaintiffs should have identified more clearly the statements they allege to be false … Finally, none of Defendants’ oral forward-looking statements during STAAR conference calls are immunized by the safe harbor. 7 The PSLRA immunizes *1124 an oral forward-looking statement if it is accompanied by other cautionary

Perfect 10, Inc. v. Giganews, Inc.

993 F. Supp. 2d 1192 · District Court, C.D. California · Jan 29, 2014

Plaintiff Has Not Established that its Notices Comply with § 512(c)(3)(A). … Thus, a provider may be immune if it stores infringing material at the direction of a user.

Bramer v. United States

412 F. Supp. 569 · District Court, C.D. California · Apr 5, 1976

staff at LASL, and the provisions of both the pre-1954 contract and the post-1954 contract between the parties involved — that is, between the AEC and the University — the University is and should be solely responsible for establishing … This would clearly constitute a restructuring of the contracts, place unwarranted burdens upon both the AEC and its independent contractors, and do so in obvious derogation of the Federal statutes and the Supremacy Clause

Commercial Capital Bankcorp, Inc. v. St. Paul Mercury Insurance

419 F. Supp. 2d 1173 · District Court, C.D. California · Jan 23, 2006

First, the portion of subsection V.D. that provides for advancement of Defense Costs is clearly qualified by the phrase “Subject to Section V.E.,” the Allocation subsection. … Haynes is clearly distinguishable, however.

Knowles v. Muniz

228 F. Supp. 3d 1009 · District Court, C.D. California · Jan 17, 2017

Petitioner points to no clearly established Supreme Court precedent to support this position. … In fact, as just explained, it is clearly established that there is no right to appointed counsel of one’s choice under the Sixth Amendment.

Moss v. Associated Press

956 F. Supp. 891 · District Court, C.D. California · Oct 28, 1996

Also, the advanced position sought by the plaintiff was filled by a non-minority male who was more qualified. Id., 262 Cal.Rptr. at 656 . … City and County of San Francisco, 976 F.2d 1536, 1544 (9th Cir.1992) (“time spent by counsel in establishing the right to a fee award is compensable”), modified, 984 F.2d 345 (9th Cir.1993).

In Re New Century

588 F. Supp. 2d 1206 · District Court, C.D. California · Dec 3, 2008

Immune Response, 375 F.Supp.2d at 1029-30 . … The law does not clearly support this interpretation.

Adams, Ray & Rosenberg v. William Morris Agency, Inc.

411 F. Supp. 403 · District Court, C.D. California · Mar 24, 1976

Morris’ motion for preliminary injunction raises the issue whether provision 9 of the Basic Agreement, as enforced by the Guild’s work rule, is immune from the federal antitrust laws by reason of the labor exemption. … Labor policy clearly does not require, however, that a union have freedom to impose direct restraints on competition among those who employ its members.

Tam v. Federal Deposit Insurance

830 F. Supp. 2d 850 · District Court, C.D. California · Nov 14, 2011

When a revocable trust account was established by more than one owner and held for the benefit of others, some or all of whom were qualifying beneficiaries, the regulation provided that the respective interests of each owner … Where a revocable trust account is established by more than one depositor, and held for the benefit of others, some or all of whom are qualifying beneficiaries, *862 “the respective interests of each owner (which shall be

X17, INC. v. Lavandeira

563 F. Supp. 2d 1102 · District Court, C.D. California · Feb 9, 2007

which will suffice to save a state cause of action — into the discussion of the hot news tort’s substantive requirement In short, this Court does not read International News or NBA to require that the material at issue be immune … Spears’ travails qualify as newsworthy). III. CONCLUSION Accordingly, Lavandeira’s motion to dismiss is DENIED. The hearing on this matter, previously scheduled for Monday, February 12, 2007, is VACATED. Fed.

International Ass'n of MacHinists & Aerospace Workers v. Aerojet-General Corp.

263 F. Supp. 343 · District Court, C.D. California · Nov 23, 1966

The interim award directed the parties to establish a new classification and pay range, retaining jurisdiction in the arbitrator in case the parties could not reach agreement. … “There exists a legitimate disagreement regarding the scope and effect of this Award even though each party contends that the Award as rendered clearly supports their diverse positions.

Writers Guild of America, West, Inc. v. Federal Communications Commission

423 F. Supp. 1064 · District Court, C.D. California · Nov 4, 1976

Donaldson, 422 U.S. 563 , 95 S.Ct. 2486 , 45 L.Ed.2d 396 (1975), have qualified the doctrine of sovereign immunity. In fact, those cases have nothing to do with the doctrine of sovereign immunity. … They rule that government officials sued in their personal capacity do not enjoy absolute immunity for their conduct but rather are afforded the benefit of a qualified immunity the scope of which depends upon the nature of

Cabazon Band of Mission Indians v. Smith

34 F. Supp. 2d 1195 · District Court, C.D. California · Apr 29, 1998

The County argues that the Cabazon Band has no authority whatsoever to perform law enforcement functions because those functions can only be performed by peace officers who qualify as such under the law of the State of California … The answer to this question may directly bear on the ability of the Cabazon Band to establish a police force or the nature of the force that may be established.

MONEX DEPOSIT CO. v. Gilliam

680 F. Supp. 2d 1148 · District Court, C.D. California · Jan 25, 2010

I’m not qualified to give legal advice to people. (J. Gilliam Dep. 339:18-340:6.) Monex also cites other answers Jason Gilliam provided in his deposition. … Jason Gilliam also argues that he has immunity to Monex’s misappropriation claims under 18 U.S.C. § 1833 (2).

Chism v. Secretary of Health, Education & Welfare

457 F. Supp. 547 · District Court, C.D. California · Aug 3, 1978

It is axiomatic that plaintiff had the burden of establishing she was entitled to benefits under the Act (Rhinehart v. Finch, supra; Hart v. … The Secretary *554 need not identify a particular job or employment opportunity for which the plaintiff would qualify, the Secretary need only take administrative notice of the fact that light work exists in the national

Colorado River Indian Tribes v. Marsh

605 F. Supp. 1425 · District Court, C.D. California · Mar 20, 1985

The purpose of the riprap is to stabilize the bank and to establish a permanent boundary line enabling the property to be subdivided and developed. … The decision is clearly inapposite as the case dealt with California statutory and common law interpretation.

Francois Tabi v. Unknown

District Court, C.D. California · Feb 23, 2023

Consequently, the clerks qualify for quasi-judicial immunity unless these acts were done in the clear absence of all jurisdiction.” Id. … written statement, no longer than 15 pages, within 21 calendar days from the date of this Order explaining why this case should not be dismissed for failure to state a claim upon which relief may be granted, given the well-established

Olivia Van Iderstine v. Live Nation Entertainment, Inc.

District Court, C.D. California · Dec 15, 2020

If only a portion of the 3 material on a page qualifies for protection, the Producing Party also must clearly 4 identify the protected portion(s) (e.g., by making appropriate markings in the 5 margins). … If only a portion of the material on a page qualifies for 23 protection, the Producing Party also must clearly identify the protected portion(s) 24 (e.g., by making appropriate markings in the margins).