Case law

Brocade Communications Systems, Inc. v. A10 Networks, Inc.

873 F. Supp. 2d 1192 · District Court, N.D. California · Jun 12, 2012

Whether Brocade Has Established Damages Against Individual Defendants The Individual Defendants argue that Brocade has not established damages as against each of them to support a claim of trade secret misappropriation. … The Ninth Circuit has clearly stated that the intrinsic test, which "examines an ordinary person's subjective impressions of the similarities between two works,” is a question for the jury. L.A. Printex Indus., Inc. v.

Minton v. Deloitte and Touche USA LLP Plan

631 F. Supp. 2d 1213 · District Court, N.D. California · Jun 8, 2009

After you have received disability benefits for 24 months, you will be considered totally disabled only if you are completely unable to perform any occupation for which you are reasonably qualified by education, training, … Plaintiff argues, to the contrary, that the record clearly demonstrates that he is disabled, and that MetLife’s decision was not supported by substantial evidence.

Young v. Allison

District Court, N.D. California · Feb 2, 2022

As to Young’s California 1999, U.S 8 Government, and Voong actions, it is well-established that a dismissal for failure to state a 9 … denied and the present suit should not be dismissed pursuant to 8 || 28 U.S.C. § 1915(g). 9 Young’s response to this order to show cause is due no later than March 21, 2022. 10 || The response must clearly

Gobin

District Court, N.D. California · Jun 15, 2026

Nor does 10 the complaint clearly state a factual or legal basis for Mr. Gobin’s request for punitive damages 11 based on the claims asserted. See generally Alliance Mortgage Co. v. … Gobin’s amended complaint does not establish 22 federal subject matter jurisdiction. 23 III.

In Re Secure Computing Corp. Securities Litigation

120 F. Supp. 2d 810 · District Court, N.D. California · Jun 14, 2000

Plaintiffs allege that all six individual Defendants qualify as controlling persons and are collectively hable for the false statements of the company. See id. ¶¶ 23-24. … Independent of the statutory safe harbor, the judicially-created “bespeaks caution” doctrine immunizes certain forward-looking statements.

Bray v. Safeway Stores, Inc.

392 F. Supp. 851 · District Court, N.D. California · Mar 4, 1975

The NAFC possesses no per se immunity against a charge of price fixing. The plaintiffs contended at the trial that the NAFC was something much more than a legitimate trade association. … The defendant argues that “7% to 8% is clearly not power to fix market prices.”

Public Justice Foundation v. Farm Service Agency

District Court, N.D. California · May 10, 2021

agricultural land or operations for which 1 information described in subparagraph (A) is provided. 2 Subsection 4, however, qualifies … The 25 Supreme Court granted certiorari to consider “the evidentiary showing that the Government 26 must make to establish that a source is ‘confidential’ within the meaning of Exemption 7(D)” 27 and “whether

Lelaind v. City and County of San Francisco

576 F. Supp. 2d 1079 · District Court, N.D. California · Sep 2, 2008

The prima facie case a plaintiff must establish for a retaliation claim, however, differs from the prima facie case a plaintiff must establish for disparate treatment. … Under sections 1983 and 1981, individual liability is subject to a defense of qualified immunity. None of the individual defendants have moved for summary judgment based on this defense. 3 .

Facebook, Inc. v. OnLineNic Inc

District Court, N.D. California · Apr 5, 2022

Id. 3 The SAC alleges plaintiffs, well known social networking sites Facebook and Instagram, 4 own various well-established trademarks. Id. ¶¶ 18-25. … Courts consider several factors in determining 18 whether bifurcation is appropriate, including whether the issues are clearly separable, and whether 19 bifurcation would increase convenience and judicial economy, reduce

In re DMCA Subpoena To Reddit, Inc.

383 F. Supp. 3d 900 · District Court, N.D. California · May 17, 2019

"It is well established that the First Amendment protects the right to anonymous speech." Art of Living Found. v. Does 1-10 , 2011 WL 5444622 , at *3 (N.D. Cal. Nov. 9, 2011) (citing McIntyre v. … Considering that the organization had chapters in 140 countries and was one of the United Nations' largest volunteer-based non-governmental organizations, the court held that the speakers' condemnation of the organization was clearly

Sumotext Corp. -v- Zoove, Inc.

District Court, N.D. California · Jan 17, 2020

Aron need not establish that Dr. Sullivan’s market definitions are 24 correct – in fact she has sought to establish just the opposite – in order to argue that if they are 25 correct then Dr. … Aron does not opine that the 2 “single monopoly profit” principle renders upstream monopolists immune from antitrust liability. 3 Dr. Aron merely opines that if Dr.

Gay

District Court, N.D. California · Jun 23, 2026

Id. at 9 (granting 3 summary judgment on retaliation claim but denying summary judgment on the equal protection 4 claim and qualified immunity on that claim); see also May 5, 2025 Order Regarding Defendants’ 5 Motion … He further cites 4 deposition testimony he contends establishes that Dr. Lareau did not do so. In particular, he points 5 to Dr.

Jaeger

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

The ALJ did not, as Plaintiff argues, use 23 them to retroactively establish disability at an earlier, unsupported point. … Smartt, 53 F.4th at 498. 1 postdate the established onset of disability, is unpersuasive. ECF No. 9 at 15.

Charter Communications, Inc. v. County of Santa Cruz

133 F. Supp. 2d 1184 · District Court, N.D. California · Mar 7, 2001

The legislative history also clearly establishes that Congress intended to allow local franchise authorities to request information that is required by the franchise agreement, in addition to that required by Commission regulation … Preventing such an eventuality would qualify as an important or substantial government interest for purposes of the First Amendment.

Shahani v. United Commercial Bank

457 B.R. 775 · District Court, N.D. California · Sep 20, 2011

Shahani, representing himself, attempted to make the petition in the name of his trust, however, the bankruptcy court clerk rejected the petition as being filed by an organization not qualifying for chapter 11 relief. … This Court finds that the Bankruptcy Court did not clearly err when it found that the Bank was reasonable in its judgment. Even if Mr.

Lusby v. Gamestop Inc.

297 F.R.D. 400 · District Court, N.D. California · Mar 25, 2013

If Class Members do nothing, they are bound by the Release in the Settlement but will not be considered Qualified Claimants for settlement distribution purposes. Id. ¶ 73. … Given the absencé of this information, the Court finds that Plaintiff has failed to establish that his claims are typical of those of the class.

Klamath-Siskiyou Wildlands Center v. National Oceanic & Atmospheric Administration

99 F. Supp. 3d 1033 · District Court, N.D. California · Apr 3, 2015

Here, the Court finds that each plaintiff organization has established standing. … For these reasons, and, in particular, because “the case law is abundantly clear that a minimal showing of detriment is all that is required to establish an injury in fact,” the Court finds that the plaintiffs have established

Bair v. California State Department of Transportation

867 F. Supp. 2d 1058 · District Court, N.D. California · Apr 4, 2012

On remand, Caltrans is Ordered to prepare accurate maps, and a qualified engineer shall sign and date the revised maps (unlike the unsigned maps in the existing record). … The agency’s analysis shall number each ancient redwood, clearly identify it in the map, identify its root zone, and set forth the environmental issues to each one.

E.E v. State of California

District Court, N.D. California · Nov 4, 2021

She qualifies for 14 special education services based on an intellectual disability, and she has an IEP. Id. ¶¶ 2-3. … K.N. states that “[b]ecause of 3 [L.N.’s] compromised immune system and respiratory disease, it has been necessary to take 4 extraordinary precautions to keep him safe during the pandemic.” Id.

Hawkins v. Berkeley Unified School District

250 F.R.D. 459 · District Court, N.D. California · Mar 11, 2008

The Court is reluctant to imply an override of Rule 13 where Congress could have, but did not, include any qualifying language about joinder procedures in the legislation, particularly since the requirements of Rule 13(h) … Clearly, Claim 5 overlaps with both Claims 1 and 3.