Case law

Wozniak v. Align Technology, Inc.

850 F. Supp. 2d 1029 · District Court, N.D. California · Feb 3, 2012

Such allegations were and remain insufficient to establish liability under Section 10(b). … The above-listed statements qualify as forward-looking.

J & J Sports Productions v. Coyne

857 F. Supp. 2d 909 · District Court, N.D. California · Mar 7, 2012

Schmalz, 745 F.Supp.2d 844, 851 (S.D.Ohio 2010) (“Nowhere in this language [of § 553(a)(1) ] is the term ‘cable operator’ qualified with language indicating that the cable operator must be an ‘authorized’ cable operator. … Hernandez was clearly not aware that his acts constituted a violation of the law. Still, arguably he did not have “no reason to believe” so.

Rico v. Secretary of CDCR

District Court, N.D. California · Apr 15, 2025

The amended complaint clearly states 2 that Mr. Rico learned of the ruling at issue no later than August 18, 2021, which left him more 3 than five weeks to file an appeal. See Am. Compl. at 6. Because Mr. … Defendants are advised that summary judgment 6 cannot be granted, nor qualified immunity found, if material facts are in dispute. 7 7.

Amezquita v. Garcia-Cortez

District Court, N.D. California · Dec 8, 2022

In its review, the court must identify any 1 upon which relief may be granted or seek monetary relief from a defendant who is immune 2 from such relief. See id. § 1915A(b)(1),(2). … Defendants are advised that summary judgment cannot be granted, nor 11 qualified immunity found, if material facts are in dispute.

Bruton v. Gerber Products Co.

961 F. Supp. 2d 1062 · District Court, N.D. California · Sep 6, 2013

Feb. 25, 2013) (construing Pom Wonderful as “dismissing] federal Lanham act claims implicitly on the basis of primary jurisdiction with the FDA,” and subsequently finding that “where FDA policy is clearly established with … In opposition, Bruton contends that her allegations are clearly sufficient to plead standing.

Pirozzi v. Apple, Inc.

966 F. Supp. 2d 909 · District Court, N.D. California · Aug 5, 2013

Reno, 98 F.3d 1121 , 1130 (9th Cir.1996) (“Economic injury is clearly a sufficient basis for standing.”). Here, Plaintiff alleges that she was “misled as to the nature and integrity of Apple’s products.” … Id., 51 Cal.4th at 322 , 120 Cal.Rptr.3d 741 , 246 P.3d 877 (a *920 plaintiff must “establish a loss or deprivation of' money or property sufficient to qualify as injury-in-fact” under the UCL and FAL); Meyer v.

Emma C. v. Thurmond

District Court, N.D. California · Jul 16, 2020

If a district has been identified as potentially deficient across the board (or across a good part of the board) it qualifies for “intensive monitoring.” … “immunized” from review for more than two years, and each LEA would be subject to some sort of review over the course of three years.

Loop AI Labs Inc. v. Gatti

195 F. Supp. 3d 1107 · District Court, N.D. California · Jul 6, 2016

This paragraph is confusing and does not clearly identify the claimed trade secret. … However, "[i]t is well established that the disclosure of a trade secret in a patent places the information comprising the secret into the public domain.” Porcier v.

Montara Water & Sanitary District v. County of San Mateo

598 F. Supp. 2d 1070 · District Court, N.D. California · Feb 26, 2009

The Court concludes that Montara’s successful condemnation of the wells clearly would trigger the reversion clause contained in the airport deed. … The court established the probable amount of compensation as approximately $6,000.

Washington v. Salinas Valley State Prison

District Court, N.D. California · Mar 20, 2023

review, the court must identify any 1 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim 2 upon which relief may be granted or seek monetary relief from a defendant who is immune … Title II protects “a qualified individual with a 9 disability.” 42 U.S.C. § 12132.

Doe v. State Farm General Insurance Company

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

No. 64 at 6 (“Clearly, how Plaintiff lost his wristwatch is material to State Farm’s 17 investigation of his claim.”); see also Cummings, 202 Cal. … California’s statutory insurer reporter privilege provides insurers 23 “qualified immunity,” because it only provides immunity to insurers who act “without malice.” 24 Fremont Comp. Ins. Co. v.

Corman v. Morgan (In Re Morgan)

197 B.R. 892 · District Court, N.D. California · Jun 17, 1996

court was empowered to enter a final judgment on this issue, and the standard of review to be applied in the current appeal is identical to the standard used by circuit courts of appeal reviewing district court decisions: clearly … The Ninth Circuit held that the Jensen BAP’s adoption of the “debtor’s conduct” approach was inappropriate in the context of CERCLA claims: The debtor’s conduct approach adopted by the BAP in this case is not immune from

Steffen v. City and County of San Francisco

District Court, N.D. California · Mar 6, 2020

immunity is not appropriate at this time. 20 2. … To establish 26 municipal liability, plaintiffs “must prove that ‘action pursuant to official municipal policy’ caused 27 their injury.” Connick v.

Burgos

District Court, N.D. California · Nov 6, 2025

in the State court proceeding.” 28 U.S.C. § 2254(d); Williams v. 24 Taylor, 529 U.S. 362, 412–13 (2000). 25 Section 2254(d)(1) restricts the source of clearly established law to … “[C]learly established Federal law, as determined by the Supreme Court of the 27 United States” refers to “the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions 1 decision is “contrary to” clearly

Therasense, Inc. v. Becton, Dickinson and Co.

560 F. Supp. 2d 835 · District Court, N.D. California · Apr 3, 2008

Here, to prove anticipation, BD/Nova must clearly and convincingly establish, using undisputed facts, that every element of the asserted '890 patent claims is disclosed in the Nankai patent. 1. Figure 12. … (Scott Decl., ¶ 23 & Exh. 8; Watkin Decl., ¶ 27; Heineman Decl., ¶ 30.) 27 *866 Against this backdrop, BD/Nova does not point to any undisputed evidence that clearly and convincingly establishes that the Ikeda filing date

Hartford Fire Insurance v. Tempur-Sealy International, Inc.

158 F. Supp. 3d 877 · District Court, N.D. California · Jan 20, 2016

“Any doubt as to whether the facts establish the existence of the defense duty must be resolved in the insured’s favor.” Id. … On their face, then, the “facts alleged” in the Underlying Complaint clearly demonstrate “the potential for liability under the policy’s coverage.”

Sifuentes v. Brazelton

4 F. Supp. 3d 1181 · District Court, N.D. California · Dec 3, 2013

Although the prosecutor’s poor view of postal workers may not be warranted, under clearly established federal law, “so long as the reason is not inherently discriminatory, it suffices.” … As clearly established by the Supreme Court, a defendant “is entitled to a fair trial but not a perfect one.” McDonough Power Equip., Inc. v.

Hodges v. Hertz Corp.

351 F. Supp. 3d 1227 · District Court, N.D. California · Oct 29, 2018

"[I]n the absence of a statutory provision establishing an exception to the general rule of Civil Code section 1714, courts should create [a duty] only where [it is] clearly supported by public policy." … The quote, or the passage in which it occurs, clearly does not address the point Defendants attempt to make.

Group W Cable, Inc. v. City of Santa Cruz

669 F. Supp. 954 · District Court, N.D. California · Sep 9, 1987

Nor may it reserve to itself discretion to select from among applicants the operator it considers best qualified. … Authority to charge a fee Santa Cruz clearly has statutory authority to charge an appropriate franchise fee.

Miller v. Carlson

768 F. Supp. 1331 · District Court, N.D. California · Jun 7, 1991

Indeed, courts are bound to interpret a statute according to its plain language absent a clearly expressed legislative intent to the contrary. See Consumer Product Safety Comm’n v. … Congress established only two criteria that an AFDC recipient must meet in order to qualify for child care: satisfactory participation in an educational or training activity, and approval of this activity by the state.