Case law

Environmental Protection Information Center v. Pacific Lumber Co.

469 F. Supp. 2d 803 · District Court, N.D. California · Jan 8, 2007

An organization may have standing to sue “in its own right ... to vindicate whatever rights and immunities the association itself may enjoy,” and in doing so, “may assert the rights of its members, at least so long as the … procedures and methods to control stormwater discharges to the extent necessary to mitigate impacts on water qualify- Not later than October 1, 1988, the Administrator shall submit to Congress a report on the results of

In Re Network Associates, Inc., Securities Litigation

76 F. Supp. 2d 1017 · District Court, N.D. California · Nov 22, 1999

The Court certainly does not say that a foreign investor could never qualify. … A Well-Established Meaning of Remuneration Is Payment for the Value of a Service.

Miller v. Continental Airlines, Inc.

260 F. Supp. 2d 931 · District Court, N.D. California · Mar 28, 2003

which are not incorporated under their treaty liability claims), the pleadings lack any allegations concerning the existence and nature of this duty, de *936 fendants’ failure to fulfill such a duty, or how this failure qualifies … These claims clearly fall within the scope of the Convention and are therefore preempted.

N.Y. v. San Ramon Valley Unified School District

District Court, N.D. California · Nov 6, 2019

Rather, they argue, he fails to state a claim or, alternatively, they are entitled to 18 qualified immunity, in light of a different standard, specifically, the standard set forth in 19 Hazelwood School Dist. v. … To the extent the Administration 11 Defendants argue they cannot be liable for punitive damages for the additional reason 12 that they are entitled to qualified immunity under the principles set forth in Hazelwood,

BAUTISTA-PEREZ v. Holder

745 F. Supp. 2d 948 · District Court, N.D. California · Sep 15, 2010

Following a country’s designation, any nationals of that country who reside in the United States and seek to qualify for TPS must register “to the extent and in a manner which the Attorney General establishes.” 8 U.S.C. § … Regardless of whether or not the background checks constitute a “biometric service,” they are permissible so long as they are “necessary” — which they clearly are.

Jones v. City and County of San Francisco

976 F. Supp. 896 · District Court, N.D. California · Jul 18, 1997

The “clearly erroneous” standard of Rule 53(e)(2) applies to nonjury actions. … The Court does not find the Special Master's findings to be clearly erroneous.

Senne v. Kansas City Royals Baseball Corp.

315 F.R.D. 523 · District Court, N.D. California · Jul 21, 2016

The amusement and recreational establishment exemption under the FLSA also does not require individual inquiries, Plaintiffs argue; rather, the Court will be able to determine whether the various establishments qualify for … Oreck Direct, LLC, but that case is clearly distinguishable.

Smallwood v. American Trading & Transportation Co.

839 F. Supp. 1377 · District Court, N.D. California · Dec 9, 1993

The language of the Act clearly contemplates wrongful death recovery. See 38 U.S.C. §§ 905 (a), (b) (referring to rights of dependents, next of kin, etc.). … The Supreme Court of Virginia parsed Moragne more clearly, noting that “unseaworthiness” is a “term of art”, and is not the same as negligente.

Revels v. Marin County Jail

District Court, N.D. California · Jan 4, 2024

Given that medical care, Plaintiff has not clearly alleged why the decision not to call 17 an ambulance was “medically unacceptable under the circumstances.” Id. at 1058 (quoting 18 Jackson v. … The elements of a cause of action 21 under Title II are that: the plaintiff is an individual with a disability; the plaintiff is otherwise 22 qualified to participate in or receive the benefit of some public entity’

In Re Verisign, Inc., Derivative Litigation

531 F. Supp. 2d 1173 · District Court, N.D. California · Sep 14, 2007

The CAC does not clearly indicate whether the individual director defendants were inside directors or outside directors, though it appears that most were outside directors. 5 . … In their opposition to VeriSign’s motion, plaintiffs assert that the "failure to exercise oversight” allegations establish a "substantial likelihood of personal liability” — though that is clearly not how it is pled in the

In re Alvarado

496 B.R. 200 · District Court, N.D. California · Apr 29, 2013

The court determines, however, that the disgorgement of fees qualifies Kun as a person aggrieved so as to satisfy the prudential considerations of the heightened standing requirements in bankruptcy appeals. … However, Kun contends that the language of section 109(h) is not plain and does not clearly require strict compliance within 180 days.

Carr v. First Nationwide Bank

816 F. Supp. 1476 · District Court, N.D. California · Mar 2, 1993

The court also holds that the unilateral contract principles that have been applied by the federal courts to “qualified” or “funded” pension plans may also govern Top Hat plans, which are “unfunded” and not “qualified”, 4 … The 1979 Plan contains a clause that states the Board may amend or modify the Plan, but that clause is clearly limited by language that prohibits “canceling, reducing or altering any outstanding awards” under the Plan.

Drakes Bay Oyster Co. v. Salazar

921 F. Supp. 2d 972 · District Court, N.D. California · Feb 4, 2013

Congress also clearly expressed its intention that the estero become designated wilderness by operation of law when “all uses thereon prohibited by the Wilderness Act have ceased.” … See generally 5 U.S.C. § 702 (APA waives sovereign immunity for relief other than money damages); 28 U.S.C. § 2680 (a) (Federal Tort Claim Act exempts claims based upon discretionary functions). .

Hagan v. California Physicians' Service

685 F. Supp. 2d 1044 · District Court, N.D. California · Feb 4, 2010

Blue Shield points to the existence of the Blue Cross policy, which covered Hagan and his family before they established the Blue Shield policy, and which admittedly does qualify as an ERISA plan because it covers Hagan’s … Excerpts") at 105:3-9, 174:6-13, and this point is more clearly addressed by Robertson's testimony that, "at that point in time,” Robertson’s “expectation back then would have been that we would have treated all the individual

Getz v. Boeing Co.

690 F. Supp. 2d 982 · District Court, N.D. California · Jan 21, 2010

implied warranty. *989 LEGAL STANDARD Summary judgment is properly granted when no genuine and disputed issues of material fact remain, and when, viewing the evidence most favorably to the non-moving party, the movant is clearly … “The first two elements of the defense are intended to insure that it is indeed a discretionary decision on the part of the government that is being immunized.” Butler v.

Hernandez v. County of Santa Clara

District Court, N.D. California · Jun 11, 2020

Superior Court, 54 Cal. 3d 868, 10 905 (1991)); she also does not contend that she or Aguilar’s children qualify. … The Ninth Circuit and California courts alike have interpreted this provision as 17 “clearly preclud[ing] recovery of emotional distress damages” through a survival action. Martin v. 18 Cal.

DSU Medical Corp. v. JMS Co., Ltd.

296 F. Supp. 2d 1140 · District Court, N.D. California · Oct 31, 2003

Degnan do not relate to the general area of expertise *1145 as to patent damages or to his status as a qualified expert but, rather, to the specifics of his testimony. … Richard Degnan, is qualified to present opinion testimony on the subject matter of damages in patent cases.

Husain v. Olympic Airways

116 F. Supp. 2d 1121 · District Court, N.D. California · Oct 3, 2000

It is the cause of the injury, not merely the occurrence of the injury, that must qualify as an accident. … establish willful misconduct.

Environmental Protection Information Center, Inc. v. Pacific Lumber Co.

67 F. Supp. 2d 1113 · District Court, N.D. California · May 5, 1999

The latter phrase clearly includes all federal agencies both within and without the Department of the Interior. … In conclusion, both the plain language and the Services’ interpretation of section 7 clearly establish that the consultation requirement applies equally to the Services’ actions in connection with the issuance of an ITP pursuant

Pac. Choice Seafood Co. v. Ross

309 F. Supp. 3d 787 · District Court, N.D. California · Feb 21, 2018

Id. ; see also Dole Food , 538 U.S. at 476 , 123 S.Ct. 1655 (declining to pierce the corporate veil and consider a corporation's subsidiary an "instrumentality" of Israel under the Foreign Sovereign Immunities Act of 1976 … Circuit stated that "[a]n action by the Mid-Atlantic Council does not qualify as an 'agency action' under the APA because ... a fishery management council is not itself an 'agency' subject to judicial review." 70 F.Supp.3d