Case law

Arcsoft, Inc. v. Cyberlink Corp.

153 F. Supp. 3d 1057 · District Court, N.D. California · Dec 28, 2015

If a product’s functional features could be used as trademarks, however, a monopoly over such features could be obtained without regard to whether they qualify [for patent protection].” … ArcSoft’s showing of irreparable harm in its opening brief was clearly insufficient under Herb Reed.

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.’”

Faison v. Alameda County

District Court, N.D. California · Aug 1, 2025

“Judgment on the pleadings is proper when 4 the moving party clearly establishes on the face of the pleadings that no material issue of fact 5 remains to be resolved and that it is entitled to judgment as a matter of … City 17 of Oakland, 145 F.3d 1087, 1093 (9th Cir. 1998) (addressing qualified immunity for a supervisor 18 under § 1983); Jones v.

Baldwin v. Adams

899 F. Supp. 2d 889 · District Court, N.D. California · Aug 29, 2012

The only definitive source of clearly established federal law under 28 U.S.C. § 2254 (d) is the holdings of the Supreme Court as of the time of the relevant state court decision. Williams v. … established.”

Barich v. Cotati

District Court, N.D. California · Dec 9, 2022

Qualified Immunity 11 Defendants argue that qualified immunity shields government officials performing 12 discretionary functions from civil damages liability if their … But this Court has previously 16 stated that qualified immunity does not protect public officials when the plaintiff alleges an 17 intentional discrimination claim that, if proven, would clearly constitute a constitutional

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.

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.

Hancock Brothers, Inc. v. Jones

293 F. Supp. 1229 · District Court, N.D. California · Dec 3, 1968

It is a firmly established policy of the law that acts of the grand jury and evidence taken before it are to be protected from public scrutiny. … Clearly, this objective is curtailed if the information sought in this case is made a matter of public record. Only if a compelling necessity has been shown with particularity would disclosure be proper.

Hughes v. San Francisco Unified School District

District Court, N.D. California · Oct 9, 2025

The Complaint alleges that representatives of 24 SFUSD offered her a temporary position despite knowing that Plaintiff was qualified for a 25 permanent position as a senior clerk, and then terminated her … Title VII discrimination claims can be established by 24 direct or circumstantial evidence. Opara v.

Lee v. Kaiser Foundation Health Plan Long Term Disability Plan

812 F. Supp. 2d 1027 · District Court, N.D. California · Sep 19, 2011

MetLife then conducted a separate employability analysis, to see if plaintiff could qualify for ongoing benefits after the 24 month period based on physical impairments. … On AR 2, however, the document clearly states that it is a Certificate of Insurance.

Belshé v. Laborers Health & Welfare Trust Fund for Northern California

876 F. Supp. 216 · District Court, N.D. California · Nov 21, 1994

ERISA’s comprehensive regulatory scheme was intended to establish the regulation of benefit plans as “exclusively a federal concern.” Pilot Life Ins. Co. v. … Delta Air Lines, Inc., 463 U.S. 85, 97 , 103 S.Ct. 2890, 2900 , 77 L.Ed.2d 490 (1983), (see supra, part V.A), section 10022 clearly relates to an employee benefit plan.

Cabrera v. Alvarez

977 F. Supp. 2d 969 · District Court, N.D. California · Mar 27, 2013

A plaintiff can establish an FHA discrimination claim under a theory of disparate treatment or disparate impact. Gamble v. City of Escondido, 104 F.3d 300, 305 (9th Cir.1997). … Moreover, Congress has expressly abrogated municipalities’ Eleventh Amendment immunity to allow private individuals to bring a private action against government officials under Title VI, but only to the extent that the claim

Herbert J. Sims & Co., Inc. v. Roven

548 F. Supp. 2d 759 · District Court, N.D. California · Mar 7, 2008

It is “an issue for judicial determination [u]nless the parties clearly and unmistakably provide otherwise.” Id. (quoting AT & T Techs., Inc. v. … LEXIS 16784 , at *25-26 (noting that courts have generally found that investors qualify has “customers” when there is a more significant connection between the parties that may include direct communications, advice or agreements

Lewis v. Calvin

District Court, N.D. California · Aug 13, 2021

sovereign 4 immunity. … This burden-shifting framework has three steps: “the plaintiff must establish a prima 25 facie case of discrimination.

Elec. Frontier Found. v. Global Equity Mgmt. (SA) Pty Ltd.

290 F. Supp. 3d 923 · District Court, N.D. California · Nov 17, 2017

Accordingly, the injunction is a qualifying order under the SPEECH Act. … As for statement 1, EFF's reference to GEMSA's patent as "stupid" is clearly hyperbole. Ferlauto v.

Pinzon v. Mendocino County Sheriff's Office

District Court, N.D. California · Jun 23, 2023

immunity against the claims. … However, Pinzon 2 has not named those officers as defendants, nor has he alleged that they are not entitled to 3 qualified immunity.

Besig v. Friend

460 F. Supp. 134 · District Court, N.D. California · Nov 9, 1978

Plaintiff’s contention that Department policy is clearly delineated by the Charter fails to appreciate the scope of the duties and responsibilities of a policymaking official. … Clearly they are not.

Estate of MacIas v. Lopez

42 F. Supp. 2d 957 · District Court, N.D. California · Mar 5, 1999

Anyone who could have, but did not, take an action that might have altered Avelino Macias’ mental state and course of conduct qualifies as a cause to plaintiffs reasoning. … Avelino had been arrested and prosecuted, but not sentenced to jail time, under plaintiffs thesis, the presiding judge in the case could be considered a cause of Maria Teresa’s death, were it not for the policy of judicial immunity

Sierra Club v. Gorsuch

551 F. Supp. 785 · District Court, N.D. California · Sep 30, 1982

Not later than 180 days after such publication, the Administrator shall prescribe an emission standard for such pollutant, unless he finds, on the basis of information presented at such hearings, that such pollutant is clearly … scientific determinations for which the Court has neither the investigative tools, nor expertise, and, further, to grant an extension such as required by the EPA, would involve the Court, rather than Congress, in changing, qualifying

Mendez v. Gearan

956 F. Supp. 1520 · District Court, N.D. California · Feb 13, 1997

Plaintiff asserts that the record, viewed in the light most favorable to the defendant, establishes that plaintiff fulfills the first and third definitions. a. … Otherwise Qualified The second requirement for an individual proceeding under the Rehabilitation Act is a showing that he/she is “otherwise qualified” 8 for the position sought.