Case law

Continental Casualty Co. v. Fibreboard Corp.

762 F. Supp. 1368 · District Court, N.D. California · Feb 13, 1991

Rptr. 59 , to qualify for punitive damages under California law. … West Virginia law would clearly prohibit insurance coverage for a “purposeful or intentional tort.” Horace Mann Ins. Co. v. Leeber, 376 S.E.2d 581 (W.Va.S.Ct.1988).

Ingrid & Isabel, LLC v. Baby Be Mine, LLC

70 F. Supp. 3d 1105 · District Court, N.D. California · Oct 1, 2014

N). *1129 Plaintiffs argument and attached evidence do not establish a breach. … Under California Civil Code § 47(b), communications made in or related to judicial proceedings are absolutely immune from tort liability.

Doe v. Barr

District Court, N.D. California · Apr 27, 2020

Winter, 555 U.S. at 24. 8 Furthermore, because Petitioner seeks a mandatory injunction, he must establish that the 9 law and facts clearly favor his position, not simply that he is likely … Article III standing because Petitioner has not 9 established an injury in fact or redressability.

Claridge v. RockYou, Inc.

785 F. Supp. 2d 855 · District Court, N.D. California · Apr 11, 2011

And indeed, the case law cited by the parties demonstrates no clearly established law regarding the sufficiency of allegations of injury in the context of the disclosure of online personal information. … Specifically, the complaint alleges a cause of action pursuant to section 2702(a)(3) of the Act, which prohibits the disclosure of qualifying information to government entities. FAC, ¶¶ 66-74.

Corbett v. Regional Center for the East Bay, Inc.

676 F. Supp. 964 · District Court, N.D. California · Jan 15, 1988

Congress clearly envisioned this involvement of other state agencies in the administration of Act and the provision of services to handicapped children. … Under the federal statute, residential placements qualify as “related services” if made for educational purposes. 34 C.F.R. 300.302.

Frohm v. City and County of San Francisco

District Court, N.D. California · May 14, 2025

Green, 411 U.S. 792 9 (1973), the plaintiff must first establish a prima facie case of discrimination by showing that: 10 (1) they belong to a protected class; (2) they were qualified to do the job; (3) they were subject … Frohm does not clearly identify whom she contends 20 denied Durden’s request, but the record contains some evidence that the decision was made after a 21 meeting that included Degrafinried, Human Resources Director

Marshall Wexler v. Regents University of California, et al.

District Court, N.D. California · Feb 11, 2026

Wexler’s assertion that the Regents had waived sovereign 11 immunity because they received ACA funds but stated that he could not “evaluate the adequacy of 12 such an assertion in a vacuum.” … Wexler has failed to clearly allege 8 that either individual engaged in the alleged misconduct identified above. Dr.

Soto v. City of Concord

162 F.R.D. 603 · District Court, N.D. California · Jul 17, 1995

Federal common law recognizes a qualified privilege for official information. Kerr v. U.S. Dist. Ct. for the Northern Dist., 511 F.2d 192, 198 (9th Cir.1975). … Such records may also be relevant to claims against the individual officer-defendants, as such defendants may assert certain immunities which require an evaluation of the officers’ subjective state of mind.

Citizens for Pennsylvania's Future v. Regan

District Court, N.D. California · Jun 26, 2020

Precedent confirms that a revision to an existing standard does not necessarily qualify under the Clean Air Act as a “promulgation of standards.” … Although Helmerich interpreted a statute related to foreign sovereign immunity, citizen-suit provisions operate in the analogous context of federal sovereign immunity. See Department of Energy v.

Norris v. Mazzola

231 F. Supp. 3d 412 · District Court, N.D. California · Feb 7, 2017

However, plaintiffs were only eligible for plan benefits if they qualified as “affected participants.” Id. at 1249. … The court noted that “[t]here is no well defined, explicit, and clearly applicable law that bars PPA contributions from being reciprocated.” Id. (internal citation and quotation marks omitted).

Lucien v. Gonzalez-Gamez

District Court, N.D. California · Mar 7, 2024

Lucien states under penalty of perjury that his grievances were exhausted, see 6 Compl. at 1, and because the record does not clearly and directly contradict his assertion, the 7 Court does not dismiss the Complaint … Defendants are advised that summary judgment cannot be granted, nor 26 qualified immunity found, if material facts are in dispute. 27 8.

United Food & Commercial Workers Local 1776 & Participating Emp'rs Health & Welfare Fund v. Teikoku Pharma United States

296 F. Supp. 3d 1142 · District Court, N.D. California · Nov 3, 2017

In the alternative, plaintiffs move under Rule 56(g) to establish the same facts for trial. A. … Ass'n , 454 F.2d 1240 , 1246 (9th Cir. 1972) ("The promotion of self-interest alone does not invoke the rule of reason to immunize otherwise illegal conduct.

Carpenter v. Ayers

548 F. Supp. 2d 736 · District Court, N.D. California · Mar 5, 2008

Indeed, a simple search of Ninth Circuit case law clearly establishes that the admission of evidence at a state trial can violate due process and is, therefore, a cognizable claim on federal habeas review. … Although the statement was clearly hearsay, counsel failed to specifically object on that basis.

La Societe Francaise de Bienfaisance Mutuelle v. United States

57 F. Supp. 201 · District Court, N.D. California · Oct 3, 1944

Requirements for membership (apart from health or age) are that applicant be of French birth or descent, or the member of the immediate family of a qualified member, or that he speak French. … A fund has been established for the aid of destitute members.

Bell v. Williams

District Court, N.D. California · Oct 11, 2019

The court must identify any cognizable claims, and dismiss any claims which are 23 frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief 24 from a defendant who is immune … Docket No. 11 12 at 6-7; see also id. at 7 (the Sheriff’s Department policy “clearly states that when a prisoner 12 refuses to walk (or in Mr.

Nanometrics, Incorporated v. Optical Solutions, Inc.

District Court, N.D. California · Nov 21, 2023

Trissel’s education and experience as an optical 23 designer qualify him as an expert, and that he is able to establish a methodology sufficient to form 24 a basis for his expert testimony. … Trissel is clearly 1 undertook to achieve a 25-micron lens design that he believed met those specifications. That is, 2 || Mr.

Brooks v. Thomson Reuters Corporation

District Court, N.D. California · Aug 16, 2021

as 1 Moreover, several provisions of the CCPA clearly state that the law is not meant to curtail 2 other privacy statutes. … Thus, the CDA immunizes providers of an “interactive computer service”6 15 (i.e.

National Fire Insurance v. Federal Insurance

843 F. Supp. 2d 1011 · District Court, N.D. California · Jan 4, 2012

The landlord qualified as a generic additional insured under the tenant’s insurance policy, “but only with respect to” the tenant’s work or operations or facilities. Id. at 714 , 2 Cal.Rptr.3d 18 . … While Federal insists that National’s reading of these policy provisions is “strained,” the policy does not clearly require the hotel to satisfy the SIR out of its own pocket.

California Democratic Party v. Lungren

860 F. Supp. 718 · District Court, N.D. California · Aug 5, 1994

While campaign spending regulation may qualify as an area that federal courts should avoid if possible, [the statute] does not regulate campaign spending. It regulates speech about campaign spending. … able to bear its burden of establishing that the provision is necessary to serve a compelling state interest.

Opalec v. Curry

556 F. Supp. 2d 1036 · District Court, N.D. California · Mar 20, 2008

Hill is clearly established law in the parole context for purposes of § 2254(d). Sass, 461 F.3d at 1129 . … California’s parole scheme described below provides that a release date normally must be set unless various factors exist, but the “unless” qualifier is substantial.