Case law

United States v. Hyde

208 F. Supp. 2d 1052 · District Court, N.D. California · Jun 17, 2002

The Government has cited no case establishing such standing. … Judge Koelsch would have found that the District Court's order sealing the financial affidavits was not clearly erroneous and thus would have maintained them under seal. 3 .

Gay v. WAITERS'AND DAIRY LUNCHMEN'S UNION, LOCAL NO. 30

489 F. Supp. 282 · District Court, N.D. California · Feb 6, 1980

Thus there was no established procedure for giving public notice of all job openings. … Current or most recent job activity Describe clearly this person's chief job activity or business last week, if any. If he had more than one job, describe the one at which he worked the most hours.

Morales v. Tilton

465 F. Supp. 2d 972 · District Court, N.D. California · Dec 15, 2006

Nonetheless, the evidence is more than adequate to establish a constitutional violation. … The responsibility for this uncertainty falls squarely upon Defendants, and the circumstances clearly implicate the Eighth Amendment.

Sierra Club v. United States Department of Transportation

664 F. Supp. 1324 · District Court, N.D. California · Jan 12, 1987

Volpe, 401 U.S. 402 , 91 S.Ct. 814 , 28 L.Ed.2d 136 (1971), the Supreme Court rejected the argument that the Secretary’s determinations under § 4(f) are immune from judicial review. … The legislation by its very terms provides that the project “shall be eligible for assistance” only if it qualifies as “a project to repair or reconstruct” Devil’s Slide.

Ramos v. Nielsen

336 F. Supp. 3d 1075 · District Court, N.D. California · Oct 3, 2018

The record evidence establishes a compelling case as to these factors in favor of Plaintiffs. … Second, TPS beneficiaries clearly have a stake in whether their countries of origin maintain their TPS designations.

Sweeney

District Court, N.D. California · Mar 23, 2026

Claim five, for excessive fines under the Eighth Amendment, is also 26 clearly barred because the fines were imposed via a state court judgment. … Judicial Immunity 3 Judge Christine Carringer moves to dismiss all claims against her on the grounds that they 4 are barred by judicial immunity.

Penermon v. Wells Fargo Bank, N.A.

47 F. Supp. 3d 982 · District Court, N.D. California · Jun 11, 2014

The letter also provided that if Plaintiff did not qualify for a loan modification, Wells Fargo would work with Plaintiff to explore other options available. Id. … Plaintiff must, nevertheless, amend to clearly plead that the application that was submitted was a complete application, as required by § 2923.6(h).

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

Bowoto v. CHEVTON CORP.

557 F. Supp. 2d 1080 · District Court, N.D. California · May 30, 2008

Defendants claim that there are domestic remedies available in Nigeria that plaintiffs did not pursue, citing plaintiffs’ expert testimony that oil companies were not immune from suit in Nigeria. … The Supreme Court therefore did not find any congressional preemption of established international norms under prior ATS jurisprudence. 3 .

Wiltshire v. Standard Oil Co. of California

447 F. Supp. 756 · District Court, N.D. California · Mar 8, 1978

“Section 1983 of the Civil Rights Act clearly creates rights and imposes obligations different from any which would exist at common law in the absence of statute. … For convenience, state and local agencies qualifying under Section 706 will be referred to here, as they are in the EEOC regulations, as the 706 agency. 4 .

Associated General Contractors of California, Inc. v. City & County of San Francisco

619 F. Supp. 334 · District Court, N.D. California · Aug 7, 1985

“Given the above, a ‘construction in favor of the exercise of the power and against the existence of any limitation or restriction thereon which is not expressly stated ... is clearly indicated.’ … “In addition, it is well established that, in determining whether a conflict exists between a state statute and the state constitution, the legislature’s construction of the constitutional provision at issue is ‘ “of very

Rabieh-v-United States of America,et.al

District Court, N.D. California · Nov 6, 2019

United States, 909 F.2d 26 869, 871 (6th Cir. 1990) (“The FTCA clearly provides that the United States is the only proper defendant in a suit alleging negligence by a federal employee.” … May 15, 2012) (holding TSA agents qualify as 20 “investigative or law enforcement officer[s]” because federal law authorized TSA agents to 21 “screen,” i.e., search, passengers), with Compl. ¶¶ 15, 18 (alleging Paragon

Computerland Corp. v. Microland Computer Corp.

586 F. Supp. 22 · District Court, N.D. California · Sep 6, 1984

Plaintiff understandably attempts to qualify this articulation of the inherent weakness of its name, but we merely cite this testimony as illustrative of the virtual reflection of name to service. … The Ninth Circuit has clearly held that the mere combination of two common, and presumably generic, terms like “Surgi” (a common abbreviation for surgical) and “center” (as a location) cannot together constitute more than

Plaskett v. McCarthy

District Court, N.D. California · Sep 10, 2019

To 3 clearly establish whether the pay for outside employment increased substantially during the period of separation, the DoD should obtain 4 a statement or affidavits from the employee … But, DFAS 9 cannot use this resume to verify moonlighting employment prior to 2010 under the DoD 10 regulation, which provides: “To clearly establish whether the pay for outside employment 11 increased substantially

Lee v. Pep Boys-Manny Moe & Jack of California

186 F. Supp. 3d 1014 · District Court, N.D. California · May 16, 2016

The policy also clearly states that “non-flat rate associates are not permitted this benefit, No exceptions.” (Id.) … transaction for the qualified family member.

Siebert v. Gene Security Network, Inc.

75 F. Supp. 3d 1108 · District Court, N.D. California · Dec 1, 2014

A grantee’s failure to establish adequate control systems constitutes a material violation of the terms of the award. … We noted that many allocated costs are not clearly. documented and many purchase orders are not clearly noted with the appropriate grant.

Pronsolino v. Marcus

91 F. Supp. 2d 1337 · District Court, N.D. California · Mar 30, 2000

The Committee clearly recognize that non-point sources of pollution are a major contribution to water quality problems. … The earlier Senate report stated, "[i]t has become clearly established that the waters of the Nation cannot be restored and their quality maintained unless the very complex and difficult problem of nonpoint sources is addressed

Aniel

District Court, N.D. California · Aug 20, 2026

App. 4th 1377, 1398 (1999) (“[a]n assertion of legal rights in pursuit 11 of one’s own economic interests does not qualify as ‘outrageous’ under this standard.”). … Aniel responds that she has alleged sufficient facts to establish injury-in-fact. ECF No. 24 at 4 || 8. 5 In order to seek equitable relief, Aniel must establish she has Article III standing.

Dellums v. Smith

577 F. Supp. 1449 · District Court, N.D. California · Jan 10, 1984

The Court therefore need not consider whether the Department has in fact established such a policy. … The Ethics in Government Act clearly distinguishes the limited preliminary investigation from that which is ordinarily undertaken in connection with a prosecution.

Armour v. Network Associates, Inc.

171 F. Supp. 2d 1044 · District Court, N.D. California · Jun 5, 2001

For the foregoing reasons, Louisiana Teachers is presumptively qualified to serve as lead plaintiff in this case. Nevertheless, under the PSLRA, this presumption may be rebutted. … Indeed, any actual conflicts “may be substantially outweighed by the class members’ common interests ... in establishing the existence and materiality of misrepresentations.”