Case law
Opinions from 1658 to today.
6,306 results
1.24s
District Court, E.D. California · Jul 28, 2022
Tex. 2004) (“[T]he Vaccine Act clearly 9 bars claims based on a manufacturer’s failure to provide warnings to the public or to 10 consumers.”). … See Bruesewitz, 562 U.S. at 229 & n. 25 12 (referencing both 300aa-22(b)(2) and 300aa-22(c) before stating “The immunity does not apply if 13 the plaintiff establishes by clear and convincing evidence that the manufacturer
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 24, 2020
“The requisite 7 causal connection may be established when an official sets in motion a ‘series of acts by others 8 which the actor knows or reasonably should know would cause others to inflict’ constitutional 9 harms … On June 18, 2020, Plaintiff went to his first physical therapy appointment. 13 While Plaintiff clearly believes he should have been given additional care and accommodations 14 sooner, and while Plaintiff has alleged
Cited 0 timesUnknown(HC)West v. Attorney General of the State of California
District Court, E.D. California · Jun 14, 2024
The Court of Appeals noted 17 Petitioner’s request did “not qualify as either an appeal or writ [and the] court cannot consider and 18 decide it and is returning it to you unfiled.” (Doc. 38 at 29). … Petitioner must demonstrate that the 16 adjudication of his claim in state court: 17 (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 12, 2023
Dismissal based on 9 frivolousness is appropriate where the claim is “based on an indisputably meritless legal theory” 10 or “whose factual contentions are clearly baseless.” Id. at 327. … to establish that policy.”
Cited 0 timesUnknown(SS) Turner v. Commissioner of Social Security
District Court, E.D. California · Jan 12, 2021
. §§ 404.1520 (a)-(f) and 416.920(a)-(f). 8 9 To qualify for benefits, the claimant must establish the inability to engage in 10 … Turner 17 based solely on its view her allegations were unsupported by objective evidence, even though this is clearly legally insufficient.
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 13, 2025
2019). 12 To state a claim for disability discrimination, “the plaintiff must allege four elements: (1) 13 the plaintiff is an individual with a disability; (2) the plaintiff is otherwise qualified … Plaintiffs contend that, in their SAC, they have now detailed “at least 15 16 interconnected incidents” which establish a pattern or policy of unconstitutional conduct by 17 defendant. (Doc. No. 27 at 8–9.)
Cited 0 timesUnknownOkoroanyanwu v. MV Transportation, Inc.
District Court, E.D. California · Aug 27, 2021
The EEOC was unable to conclude that the evidence 20 established a violation of law. See id. … 21 “Under Title VII, an aggrieved person wishing to bring a claim against an employer must 22 exhaust administrative remedies by filing a charge with the [EEOC] or a qualifying
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 17, 2024
Plaintiff’s Relevant Strikes 5 A review of court records reveals that at least four cases1 brought by Plaintiff qualify as 6 strikes under Section 1915(g).2 The Court takes judicial notice … Harris, 863 F.3d at 1143. 8 The Harris Court clearly stated: 9 A prisoner may not avoid
Cited 0 timesUnknown(PC) Spencer v. Pulido-Esparza
District Court, E.D. California · Jan 17, 2024
Plaintiff’s Relevant Strikes 5 A review of court records reveals that at least four cases1 brought by Plaintiff qualify as 6 strikes under Section 1915(g).2 The Court takes judicial notice … Harris, 863 F.3d at 1143. 8 The Harris Court clearly stated: 9 A prisoner may not avoid
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 17, 2024
Plaintiff’s Relevant Strikes 5 A review of court records reveals that at least four cases1 brought by Plaintiff qualify as 6 strikes under Section 1915(g).2 The Court takes judicial notice … Harris, 863 F.3d at 1143. 8 The Harris Court clearly stated: 9 A prisoner may not avoid
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 30, 2021
Further, where courts of appeals have diverged in their treatment of an issue, it 10 cannot be said that there is “clearly established Federal law” governing that issue. … Hence, the state 6 appellate court's decision was not contrary to, or an unreasonable application of, clearly 7 established Supreme Court authority.
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 27, 2024
PLAINTIFF’S PRIOR STRIKES 8 A review of court records reveals that at least three cases previously brought by Plaintiff 9 qualify as strikes under Section 1915(g). … See El-Shaddai, 833 F.3d at 1046 26 (stating appellate affirmances count as strikes when court clearly states appeal is frivolous, 27 malicious
Cited 0 timesUnknown641 F. Supp. 2d 1010 · District Court, E.D. California · Aug 4, 2009
Lykissa directed qualified technician Tim McClain to confirm Mr. Glosier’s results using a gaschromatograph mass spectrometric analysis. … Turner’s decision not to estrange his father as an adult does not demonstrate immunity to the damage caused when he was a child.
Cited 0 timesPublishedDistrict Court, E.D. California · Sep 15, 2022
repeated demands that Maria, a 8 non-English speaker, simply “speak English,” together with the fact that his intimidation 9 in that regard resulted in Maria enlisting her minor daughter to translate as opposed to a 10 qualified … Warner, 451 F.3d 1063, 1070 (9th Cir. 2006). 28 This requires considerably more proof than a single incident in order to establish both 1 fault on the part of a municipal defendant as well as the requisite causal connection
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 17, 2024
Plaintiff’s Relevant Strikes 5 A review of court records reveals that at least four cases1 brought by Plaintiff qualify as 6 strikes under Section 1915(g).2 The Court takes judicial notice … Harris, 863 F.3d at 1143. 8 The Harris Court clearly stated: 9 A prisoner may not avoid
Cited 0 timesUnknown(SS) Kaminski v. Commissioner of Social Security
District Court, E.D. California · Sep 14, 2020
Heckler, 760 F.2d 993, 995 (9th Cir. 1985). 17 DISABILITY BENEFITS 18 To qualify for benefits under the Social Security Act, Plaintiff must establish he is unable … Edwards do not qualify as a “medical opinion,” and Plaintiff fails to show any 26 error by the ALJ related to the observations of Dr. Edwards.
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 27, 2024
PLAINTIFF’S PRIOR STRIKES 8 A review of court records reveals that at least three cases previously brought by Plaintiff 9 qualify as strikes under Section 1915(g). … See El-Shaddai, 833 F.3d at 1046 26 (stating appellate affirmances count as strikes when court clearly states appeal is frivolous, 27 malicious
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 18, 2023
“If a witness is not testifying as an expert, testimony in the form of an opinion is limited to 20 one that is: (a) rationally based on the witness's perception; (b) helpful to clearly … Under Rule 702, a 23 person is permitted to testify as to “scientific, technical or other specialized” information if the 24 witness is “qualified as an expert by knowledge, skill, experience, training or education” and
Cited 0 timesUnknownNash-Perry v. City of Bakersfield
District Court, E.D. California · Jan 10, 2024
The Court will bar 22 use of the evidence in question only if the moving party establishes that the evidence clearly is not 23 admissible for any valid purpose. … Evid. 803(1). 1 To qualify for this exception, “the declarant must… have personal knowledge of what she describes.” 2 Bemis v. Edwards, 45 F.3d 1369, 1372 (9th Cir. 1995). Mr.
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 2, 2022
A plaintiff must show: “(1) he belongs to a protected class; (2) he was qualified 12 for the position; (3) he was subject to an adverse employment action; and (4) similarly situated 13 individuals outside his protected … “To accomplish this, the defendant must clearly set forth, through the introduction of 20 admissible evidence, the reasons for” the challenged adverse employments actions.
Cited 0 timesUnknown
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