Case law

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).

In re NCAA Student-Athlete Name & Likeness Licensing Litigation

37 F. Supp. 3d 1126 · District Court, N.D. California · Apr 11, 2014

See 15 U.S.C. § 15b (establishing four-year statute of limitations). … the plaintiffs argument that the agreement created a purely social good, reasoning that the agreement “not only serves a social benefit, but actually enhances consumer choice” by expanding educational opportunities for “qualified

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.

United States ex rel. Krawitt v. Infosys Techs. Ltd., Inc.

342 F. Supp. 3d 958 · District Court, N.D. California · Oct 16, 2018

Lastly, Apple argues that Krawitt fails to establish a FCA claim specifically against Apple because Apple did not apply for the two trainers' visas. … The Board of Immigration Appeals ("BIA") has established a three-prong test for what constitutes business qualifying for a B-1 visa: (1) [T]he alien clearly intends to maintain a foreign residence and domicile; (2) the principal

Randall v. Califano

500 F. Supp. 691 · District Court, N.D. California · Oct 29, 1980

Clearly, since claimant does not own the land nor have the power to liquidate it, the lands or the proceeds therefrom cannot be considered a resource of claimant. . … This exclusion would not have been necessary if such interests of Indians in land did not qualify initially as a resource under 20 C.F.R. § 416.1201 . .

Catholic Charities CYO v. Chertoff

622 F. Supp. 2d 865 · District Court, N.D. California · Dec 22, 2008

In their prior opposition, plaintiffs argued that they clearly belong to the class for whose benefit the “U” visa law was enacted. … Plaintiffs do not allege that they qualified for “U” visas under the statute and regulations but were prevented from applying for “U” visas — just that they have not received them.

People ex rel. Lockyer v. United States Forest Service

465 F. Supp. 2d 917 · District Court, N.D. California · Aug 22, 2006

Nor can it fairly be described as “clearly defined” if it redundantly and abstractly defines a plan merely by reference to its purposes. … To the extent that the MSA is not a part of the 1988 LRMP, it qualifies as a “valid existing right” because its termination terms have not been met.

Callahan v. PeopleConnect Inc.

District Court, N.D. California · Jun 14, 2022

provision states as follows: “No provider or user of an interactive computer 1 Finally, it is worth noting that even the second interlocutory appeal requirement has not 2 clearly been met in the instant case. … Jan. 8, 2010) (stating that “the mere fact that one district court came to a 17 different conclusion on the same issue is insufficient to establish a substantial ground for 18 difference of opinion”; adding that § 1292

Kisliuk v. City of Fort Bragg

District Court, N.D. California · Apr 10, 2025

. . . clearly establishes the right verbally to challenge the police,” and “verbal protests [cannot] support an arrest under § 16 148.” … Therefore, Johnston and Bohner have not met their burden to establish 11 absolute immunity on these grounds. Contrast Ayala v. San Bernardino Cty. Sheriff’s Dept., 2014 12 WL 5089405, at *3 (C.D.

In Re Gupta Corp. Securities Litigation

900 F. Supp. 1217 · District Court, N.D. California · Dec 6, 1994

If similar revenue growth occurred in the future, clearly such earnings growth would be achievable.” (¶ 34). … Gupta Defendants The Gupta defendants admit that they qualify as individuals with direct involvement in the day-to-day affairs of Gupta.

Davis v. Astrue

250 F.R.D. 476 · District Court, N.D. California · May 2, 2008

Children can qualify for SSI benefits, and if a disabled child does not currently qualify, but may later, the child could be a future beneficiary. … Plaintiff has not established who is subject to CDRs, nor when these reviews result in a “Notice of Disability Cessation.”

Volk v. United States

57 F. Supp. 2d 888 · District Court, N.D. California · May 28, 1999

However, the government presented sufficient evidence to establish the accuracy of the tests. … Daniel Lee, a criminalist at the San Francisco Crime Laboratory who qualified as an expert to testify regarding the accuracy of the Intoxilyzer 5000. Mr.

Interactive Play Devices LLC v. Wonder Workshop, Inc.

District Court, N.D. California · Oct 2, 2019

Please include 1 all other portions of your materials in the public file and clearly indicate therein 2 where material has been redacted and sealed. … Only social security numbers, names of 28 juveniles, home addresses and phone numbers, and trade secrets of a compelling ] nature (like the recipe for Coca Cola, for example) will qualify.

J. v. City and County of San Francisco

District Court, N.D. California · Jun 13, 2024

Short, 433 F.2d 733, 734 (5th Cir. 1970) (“A 24 class made up of ‘residents of this State active in the ‘peace movement’ . . .’ does not constitute an 25 adequately defined or clearly ascertainable class . . . .”); … immunity, liability, and damages that could be resolved on 5 a common basis.

Gilmore v. Silva

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

He further argues that 23 Defendants are not entitled to qualified immunity. … Because these conclusions are dispositive of 26 this entire action, the Court need not consider Defendants’ other arguments regarding qualified 27 immunity, official capacity, and personal involvement.

Redd-Oyedele v. Santa Clara County Office of Education

District Court, N.D. California · Aug 14, 2020

. ¶ 34(v). 2 Plaintiff claims that the “Oral Board” put in place by Defendant Dewan discriminated against her 3 by deeming her not qualified and eliminating her from the eligibility list for the Assistant Director … As a result, Defendant Dewan is also entitled to Eleventh Amendment immunity. 2 Because both Defendants are immune under the Eleventh Amendment from Plaintiff’s 3 second cause of action for negligent infliction

Doe 1 v. Successfulmatch.com

70 F. Supp. 3d 1066 · District Court, N.D. California · Sep 30, 2014

The safe harbor doctrine precludes UCL actions where another statute “actually bar[s] the action or clearly permit [s] the conduct.” … Any showing of standing under UCL establishes sufficient damages under the CLRA. Hinojos, 718 F.3d at 1108.

In Re Glumetza Antitrust Litigation

District Court, N.D. California · Jan 21, 2020

Only social 1 a compelling nature (like the recipe for Coca Cola, for example) will qualify. … The party seeking to designate 10 material as confidential has the burden of establishing that the material is entitled to protection. 11 8.

Kannan v. Apple Inc.

District Court, N.D. California · Oct 30, 2019

Id. 19 The party claiming the privilege has the burden to establish that it applies. Martin, 278 20 F.3d at 999–1000. … Prior to the adoption of Rule 26(b)(3), some cases 17 had held that documents of this kind were not within the immunity, but the protection exists under 18 the rule.”).

Tanforan Co. v. United States

313 F. Supp. 796 · District Court, N.D. California · May 20, 1970

In order to qualify for the recognition of loss from physical abandonment, the intent of the taxpayer must be irrevocably to discard the asset so that it will be neither used again by him nor retrieved by him for sale, exchange … In summary, since the evidence clearly establishes that the useful life of the racetrack assets ended on termination of racing at Tanforan, and not as a result of any sale or decision to sell to Sunset, the sale of the land