Case law

Nehmer v. United States Veterans Administration

32 F. Supp. 2d 1175 · District Court, N.D. California · Feb 11, 1999

In granting this relief, the Court was clearly anticipating that the VA might in the future issue valid Agent Orange regulations that would service connect additional diseases besides chloraene. … See e.g. section 5(a)(l)(requirmg VA to establish guidelines to resolve claims for benefits where “the claim of service connection is based on a veteran’s exposure during service... to a herbicide containing dioxin...”) and

Mackie v. County of Santa Cruz

District Court, N.D. California · Mar 13, 2020

The Remaining Immunities Do Not Bar Plaintiffs’ Negligence Claim 15 In addition to the above immunities, the Named County Defendants cite a host of 16 California statutory immunities. See Mot. at 18–20. … does not bar Plaintiffs’ negligence claim. 11 California Government Code § 845 provides immunity “for failure to establish a police 12 department or otherwise to provide police protection service or, if police protection

Lando v. Equitable Life Assur. Soc. of United States

11 F. Supp. 729 · District Court, N.D. California · Sep 6, 1935

The burden of proof is upon plaintiff to establish the fact of total and permanent disability, as those terms are used and qualified in the policies. Missouri State Life Insurance Co. v. West (C. C. A.) 67 F.(2d) 468 . … The evidence clearly establishes that the disability proved was not total and continuous over an elapsed time necessary under the policies to warrant the presumption of permanence.

Sierra Forest Legacy v. United States Forest Service

598 F. Supp. 2d 1058 · District Court, N.D. California · Feb 19, 2009

Plaintiffs have failed to carry their burden of establishing standing to sue. B. … As neither the ESA nor the NEPA makes the Wildlife Services’ concurring opinions reviewable, the Court only has jurisdiction if those opinions qualify as final agency actions. Id.

Heath f v. Google LLC

345 F. Supp. 3d 1152 · District Court, N.D. California · Aug 1, 2018

Rather, Plaintiffs' burden "is to establish a prima facie case that such a policy existed." Id. … Thiessen clearly warns against this conclusion: "We do not hold that whenever there is evidence of a pattern-or-practice, a class must be certified.

Piping Rock Partners, Inc. v. David Lerner Associates, Inc.

946 F. Supp. 2d 957 · District Court, N.D. California · May 17, 2013

The United States Supreme Court has ruled that “the most repulsive speech enjoys immunity provided it falls short of a deliberate or reckless untruth.” Linn v. … Counterdefendants Germain and Piping Rock argue that *975 the twelve statements qualify for antiSLAPP coverage because they were made on public internet website, accessible by all.

Callahan v. PeopleConnect Inc.

District Court, N.D. California · Nov 1, 2021

Yearbooks 24 users/purchasers clearly do not create the yearbooks. … To satisfy the standing requirement, a plaintiff must “(1) 20 establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., 21 economic injury, and (2) show that that economic injury

United States v. Wilson

36 F. Supp. 2d 1177 · District Court, N.D. California · Feb 10, 1999

DISCUSSION Defendant argues that the government has not established necessity or reliability. … Hunter clearly shared this obvious expectation as to the purpose of the examination.

Pizarro v. Astra Flooring Company

District Court, N.D. California · Mar 30, 2021

s] been 24 established.” … A dispute over performance 1 said was “critical” to the extension of federal-interest immunity. Campbell-Ewald, 577 U.S. at 2 167 n.7.

Smith v. Watanabe

District Court, N.D. California · Nov 22, 2023

Sovereign Immunity 5 i. … Application to CHHSA 21 Defendants argue that Plaintiffs have not “establish[ed] that . . .

Loucks v. Kaiser Foundation Hospitals

District Court, N.D. California · Jun 25, 2020

Plaintiffs assert that the Ninth Circuit has “established a five- 17 part test for use in evaluating a litigant’s claim that it is an ‘arm of the state’ entitled to Eleventh 18 Amendment immunity.” ITSI T.V. … . 12 Plaintiffs argue that the Regents “have not established absolute immunity under the 13 Eleventh Amendment as a matter of law.”

Collins v. County of Alameda

District Court, N.D. California · Jun 11, 2024

Id. at 7. 21 When Plaintiff sought to obtain the master file and charge sheet for Case No. 364442 to 22 show that he did not qualify as a sex offender, around November 1993, he was told by Alameda 23 County … Judicial immunity is not 18 affected “by the motives with which [the Judge’s] judicial acts are performed.” Id. at 1077. Thus, 19 intent does not play a role in the immunity analysis. Id.

Kendall v. Sorani (In Re Richmond Produce Co.)

142 A.L.R. Fed. 715 · District Court, N.D. California · Apr 9, 1996

may not recover from a subsequent transferee where the trustee has not first sued the initial transferee and avoided the initial transfer; (4) BanCal lacked knowledge of the voidability of the transfer and is therefore immune … BanCal does not dispute the bankruptcy court’s placing of the burden of proof of establishing a section 550(b)(1) defense on the defendant.

Gambel v. United States of America

District Court, N.D. California · Feb 21, 2024

immunity. … The government bears the burden of establishing that the exception applies. Nanouk, 974 16 F.3d at 944 (citing Chadd v.

Return on Intelligence, Ltd. v. Shenkman

District Court, N.D. California · Dec 1, 2023

FRE 701 permits lay opinion testimony “that is: (a) rationally based on the 6 witness’s perception; (b) helpful to clearly understanding the witness’s testimony or to 7 determining a fact in issue; and (c) not based … The court concluded that the defendant failed to establish the 21 CFO was qualified to provide that testimony under FRE 702 and precluded him from testifying as 22 an expert. Erhart, 445 F. Supp. 3d at 842.

Morgan v. Laborers Pension Trust Fund for N. Cal.

433 F. Supp. 518 · District Court, N.D. California · Jun 8, 1977

In contrast, the trustees’ obligations to members of a pension fund are clearly “founded upon an instrument in writing.” In Rehmar v. … First, and foremost, the Pension Trust Fund clearly treated Stone’s request as a formal application.

Chavez v. Lockheed Martin Missiles & Space

35 F. Supp. 2d 1168 · District Court, N.D. California · Feb 27, 1998

This doctor determined that Chavez was a Qualified Injured Worker (“QIW”), entitling him to certain Workers’ Compensation benefits. 2 Chavez began receiving weekly Vocational Rehabilitation Maintenance Assistance (“VRMA”) … The reason for the termination of his benefits was conclusively established in the WCAB proceeding.

Deep Sea Research, Inc. v. Brother Jonathan

883 F. Supp. 1343 · District Court, N.D. California · Apr 5, 1995

Thus, to establish the existence of a claim, the State must establish, by a preponderance of the evidence, that the ASA applies to the vessel at issue. 6 Once the existence of a “colorable claim” is established, the district … This would clearly be a violation of Article III, section 2, of the Constitution of the United States. E.

Pacific Coast Federation of Fishermen's Ass'n v. Secretary of Commerce

494 F. Supp. 626 · District Court, N.D. California · Jun 4, 1980

The Act provides for the establishment of the Pacific Fishery Management Council (“the Council”) and directs the Council to draft periodic plans for the regulation of salmon fishing. … The Council clearly considered, analyzed, and recognized the economic impact of its recommendations.

Federal Sav. and Loan Ins. Corp. v. Musacchio

695 F. Supp. 1044 · District Court, N.D. California · Apr 22, 1988

FSLIC clearly holds title to the notes. See supra. Finally, the TWT Group admits that it has not repaid interest and principal as required by the notes. … FSLIC has provided sufficient factual grounds to establish claims for relief for breach of contract and money lent.