Case law

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.”

Casey v. Diet Center, Inc.

590 F. Supp. 1561 · District Court, N.D. California · Jul 17, 1984

To find that the price of one package is noncompetitive solely because it is different from the price of another is to assume products to be fungible when the marketplace clearly establishes that they are not. … Such a result is clearly not what Hyde or earlier Supreme Court decisions intended.

Siemens Credit Corp. v. Newlands

905 F. Supp. 757 · District Court, N.D. California · Oct 17, 1994

Here, the facts establish that the Lease was indeed a finance lease. … This is clearly inaccurate. Under the Assignment, plaintiff accepted only the obligation to purchase and pay for the equipment. Assignment ¶3.

Hodges v. Newland

172 F. Supp. 2d 1245 · District Court, N.D. California · Nov 1, 2001

Vasquez, 868 F.2d 1116, 1118-19 (9th Cir.1989) (whether assault with deadly weapon qualifies as “serious felony” under California’s sentence enhancement provisions, CaLPenal Code §§ 667(a) and 1192.7(c)(28), is question of … The California state courts’ rejection of Hodges’ claim was not contrary to or an unreasonable application of clearly established federal law.

Stuckey v. California Departmnet of Corrections and Rehabilitation

District Court, N.D. California · Dec 15, 2020

To show discriminatory intent, a plaintiff must establish deliberate indifference by the public entity. Duvall 27 v. … This Eleventh Amendment immunity also extends to suits against a state agency. See, 2 e.g., Simmons v.

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.

Real v. Continental Group, Inc.

627 F. Supp. 434 · District Court, N.D. California · Jan 17, 1986

A new trial, in contrast, will be ordered if the court finds that “the jury’s verdict was clearly contrary to the weight of the evidence.” William Inglis, supra, 668 F.2d at 1027 . … No evidence was presented, however, that the plaintiff was either qualified for or interested in Mr. Wilson’s position. Moreover, Dr.

Choe v. Nippon Steel Corp.

164 F. Supp. 2d 1160 · District Court, N.D. California · Sep 17, 2001

According to the plain text of the treaty, therefore, Korea and China do not qualify as “Allied Powers” subject to the waiver provision of Article 14(b). See Treaty at 3190. … In this regard, a district court in New Jersey addressing forced labor claims under the ATCA against Ford Motor Company recently concluded that “[t]he use of unpaid, forced labor during World War II violated clearly established

Collins v. Davis

District Court, N.D. California · Sep 18, 2019

Qualified Immunity 19 Mr. Davis contends he is entitled to qualified immunity. … The defense of qualified 20 immunity protects government officials from liability for damages to the extent that their conduct 21 does not violate clearly established constitutional rights. Harlow v.

Hayes

District Court, N.D. California · Jun 30, 2026

The mental state required to 16 establish a deliberate indifference claim is well-established. … Defendants are advised that summary judgment 3 cannot be granted, nor qualified immunity found, if material facts are in dispute. 4 8.

United States v. Shafi

252 F. Supp. 3d 787 · District Court, N.D. California · May 3, 2017

That is not the case here, where the intent of Congress in passing subsection (h) is clearly established by an extensive legislative history. See, e.g., H.R. Rep. … . *798 Because the scope of the section is clearly established by the plain language of the statute after the addition óf (h), as well as the clear , legislative history, and'because the scope is unaffected by whether subsection

Chevron Chemical Co. v. Costle

443 F. Supp. 1024 · District Court, N.D. California · Jan 25, 1978

First, Section 3(c)(1) establishes the procedure for making application for registration of pesticides. … It may well be that some costly and time-consuming tests and the resulting data would not qualify for confidential treatment.

Ross v. City of Berkeley

655 F. Supp. 820 · District Court, N.D. California · Jun 11, 1987

The Ninth Circuit clearly views this effect as pivotal to the takings analysis: This is not a minor difference; it is crucial. … Clearly, then, this court must look to the compensation available through the City’s administrative processes.

Callahan v. Ancestry.com Inc.

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

“Where, as here, a case is at the pleading stage, the plaintiff 21 must ‘clearly allege facts demonstrating’ each element.” Id. (cleaned up) (quoting Warth v. Seldin, 22 422 U.S. 490, 518 (1975)). … It thus is immune from liability for the third-party 18 content. 47 U.S.C. § 230(f)(3).

Ahmed v. Wormuth

District Court, N.D. California · Jun 26, 2023

ECF No. 29 at 14-16. 3 To establish a prima facie case of discrimination, the plaintiff must show that: “(1) he 4 belongs to a protected class; (2) he was qualified for the … He 19 alleges that he was subject to adverse action by not being promoted or transferred, that he was 20 qualified for positions, and that others who were either similarly situated or less qualified and not 21 religious

Kevin B. Williams v. Transworld Systems Inc., et al.

District Court, N.D. California · Apr 10, 2026

Congress further 10 directed rulemaking to establish “a process to receive consumer complaints of violations,” id. 11 § 300 gg-134(b)(3), and required the Secretary to establish a process through which “an uninsured … But the Court does not understand UCSF to be arguing that 17 sovereign immunity bars Plaintiff’s claim. Accordingly, the Court DISMISSES this claim. 18 IV.

Associated Builders and Contractors v. Curry

797 F. Supp. 1528 · District Court, N.D. California · Jul 15, 1992

The CAC also noted evidence that some members of the committee were not qualified to serve in a supervisory capacity. The CAC remanded the program to the DAS Chief for further action. … (1), the training program at issue here qualifies as an “employee welfare benefit plan” within ERISA’s reach.

Gay v. Waiters' & 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.

Miller v. United States

813 F. Supp. 715 · District Court, N.D. California · Sep 15, 1992

Sections 7432 and' -7433 are clear waivers of sovereign immunity. 4. … The House Conference Committee clearly delineated when section 7433 would apply as well as when it would not: (See 6 U.S.

Alberti v. City & County of San Francisco Sheriff's Department

32 F. Supp. 2d 1164 · District Court, N.D. California · Nov 25, 1998

established that the Rehabilitation Act covers employment discrimination. … The DOJ’s interpretation of Title II’s ambiguity with respect to this issue is not clearly erroneous or arbitrary. See Chevron, 467 U.S. at 843-44 , 104 S.Ct. 2778 .