Case law

Kennedy v. Knowles

558 F. Supp. 2d 960 · District Court, N.D. California · Mar 31, 2008

Because petitioner has not established that his Sixth Amendment rights were violated, the rejection of this claim by the state appellate courts could not have been contrary to, or an unreasonable application of, clearly-established … Because counsel was not ineffective, the state courts’ rejection of this claim was not contrary to, or an unreasonable application of, clearly-established Supreme Court authority.

LoRusso v. Chevron Corporation

District Court, N.D. California · Jan 13, 2023

“Not all 5 unsuccessful cases qualify as a strike under § 1915(g). … The McCabe court’s dismissal qualifies as a strike for 21 failure to state a claim because the prosecutorial immunity defense was readily apparent without 22 resort to any additional information outside the four corners

Lizer v. Berryhill

363 F. Supp. 3d 1097 · District Court, N.D. California · Feb 6, 2019

LEGAL STANDARD To qualify for Title II disabled adult child benefits disability onset must be established prior to age 22. 42 U.S.C. § 402 (d). … According to the ALJ, "[t]he evidence failed to establish significant functional limitations prior to November 23, 2010, the claimant's 22nd birthday, but did establish he was disabled as of September 12, 2013, the date the

Diep v. Apple, Inc.

District Court, N.D. California · Sep 2, 2022

Apple qualifies as an interactive computer service provider 13 within the meaning of § 230. … applies to all of plaintiffs’ claims, which 13 clearly arise from their use of the Toast Plus app.

Afanador v. Sullivan

809 F. Supp. 61 · District Court, N.D. California · Jul 13, 1992

Prior to Melkonyan , the Ninth Circuit had established that “securing a remand on an appeal of an administrative disability decision is insufficient to qualify a claimant as a prevailing party under the EAJA.” … In particular, the Court stated clearly that the basis for the order to vacate and remand was the AU’s need to bring the administrative proceedings into conformity with a recent decision by the Ninth Circuit.

Curen v. Federal Crop Insurance

50 F. Supp. 3d 1200 · District Court, N.D. California · Apr 21, 2014

AGIC’s notice of denial clearly referenced the mandatory one-year arbitration requirement. Id. Debtor’s insurance policies also clearly noted the one-year limitations period and the arbitration requirement. … Trustee argues that the delay alone, resulting in significant expense on Trustee’s part, establishes an estoppel claim. Id. Trustee has not established a claim of estoppel.

United States v. Bestline Products Corp.

412 F. Supp. 754 · District Court, N.D. California · Apr 2, 1976

Only a Direct Distrib *760 utor could qualify as a General Distributor. In addition, a Direct seeking to become a General was required to recruit another Direct, and pay $2,750 to Bestline. … These affidavits clearly establish, in defendant’s view, that a genuine issue of material fact remains as to whether oral disclosure of the cancellation right was made to all prospective participants.

United States v. Weller

309 F. Supp. 50 · District Court, N.D. California · Sep 19, 1969

Certainly, failing to establish a conscientious objector claim is as serious as the impact of loss of the right to have access to classified information (hardly what most people would consider to be a “right”). … United States, 230 F.2d 297 (9th Cir. 1956)), it is now established that the government may not distribute its largesse in a manner which ignores traditional procedural safeguards.

Malone v. Zarate

District Court, N.D. California · Mar 24, 2025

12 immunity. … immunity.

Walker v. Miyamoto

District Court, N.D. California · Nov 18, 2024

While the nature of a SVP’s 26 confinement may factor in this balance of what is reasonable, it is clearly established that 27 the substantive due process protections of the Fourteenth Amendment apply to SVPs. … Defendants are advised that summary judgment cannot be granted, nor 21 qualified immunity found, if material facts are in dispute.

Robinson

District Court, N.D. California · Jul 8, 2026

This action does not present complex legal issues and he has prosecuted this action ably thus far, his complaint having presented his claims clearly. … Defendants are advised that summary judgment cannot be granted, nor qualified immunity found, if material facts are in dispute.

Dunning v. Agricultural Prorate Advisory Commission

38 F. Supp. 393 · District Court, N.D. California · Feb 28, 1941

In the Western & Atlantic Railroad case, supra, the plaintiff had been directed by a state order to establish and operate an industrial spur track. … Further, the extent of the proration and the fees to be paid must be established each year.

Levin v. Unum Life Insurance Co. of America

33 F. Supp. 2d 1179 · District Court, N.D. California · Jul 27, 1998

Determination of the Existence of an Employee Benefit Plan A disability insurance plan must qualify as an “employee benefit plan” within the meaning of ERISA in order to be preempted. … Contrary to UNUM’s assertion, Levin clearly fits the definition of an employer rather than an employee under this set of criteria.

California ex rel. Department of Transportation v. S/T NORFOLK

435 F. Supp. 1039 · District Court, N.D. California · Jun 16, 1977

The current tables used by the local pilots effectively disclaim any greater accuracy for such predictions than ± 30 minutes and clearly indicate the possibility of error as great as one hour. … Captain Wuesthoff was first qualified by the Coast Guard to pilot vessels in the San Francisco Bay area in 1948.

Governing Council of Pinoleville Indian Community v. Mendocino County

684 F. Supp. 1042 · District Court, N.D. California · Mar 18, 1988

. *1045 The Council argues that under Montana and Yakima it clearly had authority to pass its moratorium on new industrial uses on the Ranchería, because such uses have a direct effect on the health and welfare of the tribe … per se, the Court observes that property owners are generally not immune to changes in zoning or the governmental framework under- which their land is regulated.

Shavelson, M.D. v. California Department of Health Care Services

District Court, N.D. California · Jun 22, 2022

Civil and criminal immunity also extend to those who “assist the qualified individual by preparing the aid in dying drug,” so long as they do not assist them “in ingesting” the drug. § 443.14(a) (emphasis added); see also … Finally, prosecutorial immunity is no barrier to the plaintiffs’ claims. While prosecutors enjoy absolute immunity from damages liability, this protection does not extend to suits for injunctive relief. See Gobel v.

Gathercole v. Global Associates

560 F. Supp. 642 · District Court, N.D. California · Mar 31, 1983

A new trial is appropriate if “the jury’s verdict was clearly contrary to the weight of the evidence.” Id. at 1027. … The burden of proof to establish a BFOQ is on the defendants. If defendants establish a BFOQ by a preponderance of the evidence, then their age discrimination is lawful under federal law.

In re Naturalization of Pinner

161 F. Supp. 337 · District Court, N.D. California · Mar 12, 1958

But, the Court stated, “Clearly, it is the teaching of the Menasche case, and we are satisfied that *342 it was the intent of Congress, that the savings clause is not limited to cases involving affirmative action and those … When petitioner came to the United States he remained only the bare minimum time believed necessary to qualify him for preservation of United States residence.

Farley v. Colvin

231 F. Supp. 3d 335 · District Court, N.D. California · Jan 24, 2017

The administrative record clearly demonstrates that Farley has a disability — non-convulsive epilepsy — that should have caused the ALJ to find in his favor at step three. … clearly entitled to.

Forrest v. Meta Platforms, Inc.

District Court, N.D. California · Jun 17, 2024

Meta Has Not Established its Section 230 Immunity Beyond Factual Dispute. 15 Meta argues that Section 230 provides a defense to all of Dr. Forrest’s claims. … “[A]n 20 ‘interactive computer service’ qualifies for immunity” only for statements or publications for 21 which the service “does not also function as an ‘information content provider.’”