Case law

Averbach v. Vnescheconombank

280 F. Supp. 2d 945 · District Court, N.D. California · Aug 19, 2003

Choice of Law VEB is an “agent or instrumentality” of a foreign state according to the Foreign Sovereign Immunities Act (FSIA). 28 U.S.C.A. § 1603 (b); Notice of Removal ¶ 6. … Even if it were deemed clearly irrevocable, no date was given for payment, contrary to the requirement of Article 10(a).

Hopkins v. Ahern

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

review, the court must identify any cognizable claims and dismiss any claims 22 that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek 23 monetary relief from a defendant who is immune … Id. 24 Furthermore, supervisor defendants are entitled to qualified immunity where the allegations 25 against them are simply “bald” or “conclusory” because such allegations do not “plausibly” 26 establish the supervisors

Coy v. Trump

District Court, N.D. California · Mar 15, 2021

review the court must identify any cognizable claims, and 21 dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief 22 may be granted, or seek monetary relief from a defendant who is immune … Question 15 asked “Does someone who is incarcerated qualify 15 for the Payment [i.e., an EIP]?” The IRS responded: 16 A15. No.

Hulsey v. Mnuchin

District Court, N.D. California · Apr 21, 2021

review the court must identify any cognizable claims, and 20 dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief 21 may be granted, or seek monetary relief from a defendant who is immune … Question 15 asked “Does someone who is incarcerated qualify 16 for the Payment [i.e., an EIP]?” The IRS responded: 17 A15. No.

Khan v. Madsen

District Court, N.D. California · Feb 19, 2025

Accordingly, this 6 “second amended complaint/bifurcation” should clearly be filed as a separate action. Id. at 7 2. … Defendants are advised that summary judgment cannot be granted, nor 4 qualified immunity found, if material facts are in dispute.

LeGrand v. Abbott Laboratories

District Court, N.D. California · Feb 8, 2023

Heart[,] 6 Immune[, and] Digestion’ . . . … Time, Inc., wherein the 6 court found that a reasonable consumer could not be misled that they had won a sweepstakes when 7 “qualifying language appeared immediately next to the representations it qualifies and no

Done

District Court, N.D. California · Mar 18, 2026

California public school 6 districts are agents of the state and are immune to § 1983 claims. Belanger v. Madera Unified 7 Sch. Dist., 963 F.2d 248, 254 (9th Cir. 1992); C.W. v. Capistrano Unified Sch. … While Plaintiff clearly knew about some penalties from a 2021 letter he attached to his complaint, see Dkt.

Washington v. Keegan

District Court, N.D. California · Jan 19, 2023

unintelligible, that plaintiff’s admission he refused 13 to comply with the writ of possession precludes his false arrest claims, that the Deputies were 14 justified in their use of force, that the Deputies are entitled to qualified … immunity, that the lawsuit is 15 an de facto appeal of the unlawful detainer case through which plaintiff was evicted, and that 16 plaintiff is improperly splitting his claims.

Stevens v. Internal Revenue Service

District Court, N.D. California · Mar 4, 2021

review the court must identify any cognizable claims, and 20 dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief 21 may be granted, or seek monetary relief from a defendant who is immune … Question 15 asked “Does someone who is incarcerated qualify 14 for the Payment [i.e., an EIP]?” The IRS responded: 15 A15. No.

Scott Ex Rel. National Labor Relations Board v. Pacific Custom Materials, Inc.

939 F. Supp. 1443 · District Court, N.D. California · Jul 18, 1996

Based upon this evidence, the NLRB has clearly met the minimum requirement of producing some evidence to support the unfair labor practice charge, together with an arguable legal theory. … Hence, the Regional Di *1452 rector has met his burden of establishing a fair likelihood of success on the merits of the section 8(a)(1) claim. 2.

G.D. Searle & Co. v. Federal Express Corp.

248 F. Supp. 2d 905 · District Court, N.D. California · Jan 23, 2003

Moreover, the Court finds that a triable issue of fact exists as to whether Defendants qualify for the limitation of liability contained in The Hague Protocol. … The air waybills for the cartons clearly identified the cargo as “Pharmaceutical Dangerous Goods.” (Ex. 3, attached to the Affidavit of Thomas Eagan).

Sega Enterprises Ltd. v. Maphia

948 F. Supp. 923 · District Court, N.D. California · Dec 18, 1996

If the users’ actions do not constitute fair use, Sherman may still avoid liability if his contributing actions qualify as fair use. Netcom, 907 F.Supp. at 1378 . 1. … Such a use is clearly commercial.

Metropolitan Life Insurance v. McShan

577 F. Supp. 165 · District Court, N.D. California · Sep 13, 1983

. §§ 8701-8716 (1982)), the Office of Personnel Management (“OPM”) is authorized to purchase a group life insurance policy from a qualified private insurance company to provide life insurance benefits to eligible federal … The state court order that McShan maintain his children as beneficiaries clearly restricted his right to change beneficiaries at any time.

O'Brien v. Xpo CNW, Inc.

362 F. Supp. 3d 778 · District Court, N.D. California · Dec 14, 2018

The record also clearly indicates that the parties understood the terms of the original agreement for the entire length of its existence. See Employers Reinsurance Co. v. Superior Court , 161 Cal. … The mere fact that XPO had an ownership interest in Con-Way does not automatically establish privilege, however.

Alphaville Design, Inc. v. Knoll, Inc.

627 F. Supp. 2d 1121 · District Court, N.D. California · Jun 5, 2009

Furthermore, the trademark applicant need only disclose to the USPTO those users it knows to have superior or clearly established rights in the proposed mark. See Hana Fin., Inc. v. … According to Alphaville, these demonstrate that Knoll knew others had superior or clearly established rights to use the designs.

McHale v. Silicon Valley Law Group

919 F. Supp. 2d 1045 · District Court, N.D. California · Jan 28, 2013

Prior to the sale of 1031 Advance to Okun, 1031 Advance acted as a qualified intermediary, conducting typical exchanges in accordance with section 1031 and the regulations promulgated thereunder. JSUF ¶ 4. … Judge Glenn held that the Exchange Funds “clearly belonged to the 1031 Debtors” while granting partial summary judgment in favor of the Trustee on a fraudulent conveyance claim against Boulder Capital LLC.

Moore v. Halter

168 F. Supp. 2d 1137 · District Court, N.D. California · Apr 11, 2001

. § 405 (g) to obtain judicial review of the final decision of defendant Commissioner of the Social Security Administration (“Commissioner”) that Plaintiff does not qualify for disability benefits under Title II of the Social … The ALJ’s failed to clearly determine the precise nature of Plaintiffs limitations due to his Koch pouch.

United States v. Hearst

466 F. Supp. 1068 · District Court, N.D. California · Nov 7, 1978

On the basis of these materials, the Court finds with respect to each of petitioner’s contentions, that none of the evidence offered in her behalf, even if clearly established at an evidentiary hearing, would entitle her … However, such an allegation is irrelevant, for petitioner has not even suggested that these attorneys were other than qualified, competent counsel. 26 .

Zilber v. Town of Moraga

692 F. Supp. 1195 · District Court, N.D. California · Aug 22, 1988

Kinzli and subsequent cases clearly preclude such judicial “speculation.” … With respect to the first part of the test, MOSO clearly survives.

Hodsdon v. Mars, Inc.

162 F. Supp. 3d 1016 · District Court, N.D. California · Feb 17, 2016

Mars also argues that Hodsdon has not pleaded facts sufficiently to establish a violation of the UCL. … For example, statutes defining a privilege render the conduct immune from tort liability and the UCL. Id. No safe harbor exists, “[hjowever, if the Legislature did not consider that activity in those circumstances.”