Case law

Walker v. Carnival Cruise Lines

63 F. Supp. 2d 1083 · District Court, N.D. California · Aug 3, 1999

Parker clearly rejected such a construction of Title III.”); Ford, 145 F.3d at 613 (“Just as a bookstore must be accessible to the disabled but need not treat the disabled equally in terms of books the store stocks, likewise … Both requirements are also qualified by a balancing test which accounts for the very concern addressed in the Justice Department regulation: modifications and steps are not required if the establishment can show that such

Gomez v. City of Fremont

730 F. Supp. 2d 1056 · District Court, N.D. California · Jul 21, 2010

counsel, the parties’ joint management statements filed in April 2007 and September 2008 limited the legal issues to the following: (1) was the arrest lawful; (2) was the force excessive; (3) were the officers entitled to qualified … immunity; (4) is there Monell or state-law liability for failure to train; (5) was there improper ethnicity-based animus in violation of 42 U.S.C. § 1981 and state law; and (6) is there a violation of state laws (that is

United States v. Chemicals for Research and Industry

10 F. Supp. 2d 1125 · District Court, N.D. California · Jun 12, 1998

LEGAL STANDARD The moving party is entitled to a preliminary injunction if it establishes either (1) a combination of probable success on the merits and the possibility of irreparable harm, or (2) that there exist serious … Skinner, with at least 20 years of professional experience and 300 appearances as an expert, witness under his belt, see Skinner Dec. ¶ 3, qualifies as an expert under Federal Rule of Evidence 702 and his opinion as to the

Greenaction for Health and Environmental Justice v. United States Department of the Navy

District Court, N.D. California · Mar 13, 2025

The Navy argues that this language only establishes an “objective” for these reviews—and thus that a reviewing agency needs to do no more than publish a document stating that it has determined that the remedial actions … The APA only provides a cause of action (and waives the United States’s sovereign immunity) regarding citizen challenges to agency actions “for which there is no other adequate remedy in a court.” 5 U.S.C. § 704.

E-Pass Technologies, Inc. v. 3Com Corp.

177 F. Supp. 2d 1033 · District Court, N.D. California · Dec 5, 2001

These statements speak for themselves; clearly Hen-nige contemplated that the electronic mul-ti-function card would be the size of a standard credit card. … Second, defendants seek to limit the category of cards that may qualify as a data source.

Natural Resources Defense Council, Inc. v. Evans

364 F. Supp. 2d 1083 · District Court, N.D. California · Aug 26, 2003

However, the Navy relied on qualified experts for their conclusion regarding the Bahamas stranding. … In enacting the MMPA, Congress clearly expressed its concern about the harm caused by harassment of marine mammals.

Cunningham v. City and County of San Francisco

District Court, N.D. California · Dec 20, 2019

The complaint, therefore, must allege facts that plausibly establish the 8 defendant’s liability. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-57 (2007). … Plaintiff’s second amended complaint must clearly list all causes of action as 27 sequentially-numbered “causes of action.”

Banks v. Mortimer

District Court, N.D. California · Apr 23, 2021

If the 19 Officers are found liable, collateral estoppel will establish that fact in the second trial. 20 The same judicial efficiencies that warrant bifurcation also provide good cause for a stay of 21 discovery … immunity.”

Sneed Jr. v. AcelRx Pharmaceuticals, Inc.

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

Plaintiffs argue that opening statements do not immunize subsequent 6 misrepresentations. Opp. at 4. … qualifying or clarifying language.

Ritchie v. United States

210 F. Supp. 2d 1120 · District Court, N.D. California · Jul 1, 2002

In that role, he established a safehouse apartment in San Francisco where drug tests were conducted on drug informants and prostitutes. Id. … In light of this concealment, the diligence-discovery rule is clearly applicable. Thus, plaintiffs claim began to accrue when plaintiff knew of both his injury and its cause.

Matthews v. County of Santa Cruz

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

See 13 Hopkins, 573 F.3d at 762 (appealing denial of summary judgment on qualified immunity and other 14 grounds); Jones, 297 F.3d at 936 (appealing jury verdict after proposed jury instructions on group 15 liability … Title 42 U.S.C. § 1983 provides a private cause of action to redress the 23 “deprivation of any rights, privileges, or immunities secured by the Constitution and laws.”

Prado v. Allied Domecq Spirits & Wine Group Disability Income Policy

800 F. Supp. 2d 1077 · District Court, N.D. California · Jul 22, 2011

The SPD is clearly identified as the summary plan description of “Hiram Walker & Sons Inc. Long Term Disability Plan Number 507.” … Another factor is Liberty’s failure to provide Plaintiff with guidance as to what sort of evidence Liberty would find acceptable to establish a disability based on Plaintiffs pain.

Save Strawberry Canyon v. U.S. Department of Energy

830 F. Supp. 2d 737 · District Court, N.D. California · Nov 14, 2011

And “[c]ourts defer to the evaluations of agencies when the evidence presents conflicting views because an agency must have discretion to rely on the reasonable opinions of its own qualified experts even if, as an original … The EA clearly stated that the “appropriate approach to evaluating a project’s potential impact on global climate under NEPA is still under development” and that the “Council on Environmental Quality, the agency responsible

Bechtel Petroleum, Inc. v. Webster

636 F. Supp. 486 · District Court, N.D. California · Jul 18, 1985

. § 218 provides that “No provision of this chapter or of any order shall excuse noncompliance with any * * * Federal or State law or municipal ordinance establishing a higher standard than the standard established under … Ct. 1698, 64 L.Ed.2d 319 (1980), the Supreme Court clearly indicated that questions of privity may turn on remedial purposes of statutes.

Hewlett-Packard Co. v. Bausch & Lomb, Inc.

692 F. Supp. 1118 · District Court, N.D. California · Jul 22, 1988

Although not spelled out clearly, B & L appears to argue that once a prima facie case of a valid oath is established, then the patent examiner had the authority to grant the reissue application. … (G) Summary of the Factual Issues Re HP’s Summary Judgment Motion: HP has established clearly that the Fleming affidavits which were the basis for the grant of the reissue patent are replete with false or erroneous statements

Ickes

District Court, N.D. California · Dec 27, 2025

Ickes did note in his petition that he had 23 suffered from an addiction problem, he clearly indicated that the problem was in the past. … Ickes clearly stated in his petition that it was the death of his 27 friend that led him to struggle academically.

Liu

District Court, N.D. California · Sep 18, 2025

The complaint, therefore, must allege facts that plausibly establish the 17 defendant’s liability. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-57 (2007). … Specifically, Defendant Baymark has provided the exact deed of trust and assignment 14 (corresponding with the same date and document number alleged in the complaint) that Plaintiff 15 claims he signed; it clearly shows

In re Facebook, Inc., PPC Advertising Litigation

282 F.R.D. 446 · District Court, N.D. California · Apr 13, 2012

Generally, representation will be found to be adequate when the attorneys representing the class are qualified and competent, and the class representatives are not disqualified by interests antagonistic to the remainder of … As noted above, the court finds that plaintiffs fail to show that common questions predominate because they have not clearly established what constituted the contract, and also because they have not shown they can establish

Sapiro v. Encompass Insurance

221 F.R.D. 513 · District Court, N.D. California · Apr 30, 2004

In a like vein, under Federal Rule of Civil Procedure 12(c) permits a court to enter judgment on the pleadings where the moving party clearly establishes that, based on the face of the pleadings, it is entitled to judgment … At most, plaintiffs’ allegations of unspecified “health risks” qualify as potential and conjectural harms. They do not qualify as the type of actual “bodily harm, sickness or disease” that the Safeco policy covers.

Bustamonte v. Castillon

District Court, N.D. California · Sep 22, 2025

Montegrande is entitled to qualified immunity. Dkt. No. 88-2 at 6. 24 Because the undisputed evidence shows that Mr. … “The grievant shall document clearly and coherently all 5 information known and available to him or her regarding the issue . . . includ[ing] any involved 6 staff member’s last name, first initial, title or position