Case law

Minichino v. La Rosa

District Court, N.D. California · Aug 1, 2024

A complaint may be dismissed as 8 “factually frivolous only if the facts alleged are clearly baseless, a category encompassing 9 allegations that are fanciful, fantastic, and delusional.” … Minichino Has Not Established Federal Question Jurisdiction 26 Minichino also checked a box to assert federal question jurisdiction under 28 U.S.C. 27 § 1331, but her allegations do not establish jurisdiction under

Plata v. Schwarzenegger

556 F. Supp. 2d 1087 · District Court, N.D. California · May 23, 2008

The Court further found that peer review — “the periodic review of work by similarly qualified professionals” — was “performed universally by health care organizations” to maintain quality control but was either “ ‘bogus … See Order Appointing Receiver at 5 (establishing standard for requesting waiver of state law).

Securities & Exchange Commission v. Jasper

883 F. Supp. 2d 915 · District Court, N.D. California · Jul 21, 2010

As to Vondra, Defendant contends that his testimony cannot establish materiality as to any specific grant. (Id. at 17.) … Thus, the Court finds that the SEC has met its burden of establishing that a permanent injunction is appropriate.

Garrick v. Garrick

District Court, N.D. California · Jul 24, 2024

issue were clearly established. … Lewis, 523 U.S. 833, 841 n.5 (1998) (finding that “the better approach to resolving cases in which the defense of qualified immunity is 27

Mhadbhi v. Jefferson Pilot Financial

255 F. Supp. 2d 1109 · District Court, N.D. California · Mar 28, 2003

An ERISA plan administrator abuses its discretion when it denies claims without explanation, construes plan provisions in a way that conflicts with the plain language of the plan, or relies on clearly erroneous findings of … The court of appeals objected to the administrator’s construction of that term to include “ ‘work available for which she is qualified’ with accommodations that could have been made.” Id. at 460 .

Naseri

District Court, N.D. California · Aug 20, 2026

To 21 establish a prima facie case of disparate treatment under Title VII, a plaintiff must show that (1) he 22 is a member of a protected class, (2) he was qualified for the position, (3) he suffered an adverse 23 … “To establish a prima facie case of failure to accommodate under the 15 Rehabilitation Act, [the plaintiff] must prove: (1) that he has a disability, (2) is otherwise qualified 16 for employment, meaning that he could

Blockchain Innovation, LLC v. Franklin Resources, Inc.

District Court, N.D. California · Mar 3, 2025

The SPA established certain milestones for Onsa 10 to reach, upon which FT FinTech would make additional payments of $1 million to Mr. … Melvin clearly offered expert opinions based on their “scientific, technical, or other 1 (Melvin Report). Dr.

Gilmore v. Safe Box Logistics, Inc.

District Court, N.D. California · May 15, 2023

More importantly, whereas Plaintiff previously failed to even try to 22 establish the relevance of this data, or to address FXG’s arguments about the burdensome nature 23 of producing it (rendering it disproportionate … Apparently, First Advantage 17 is a consumer reporting agency that “performs background checks to qualify . . . drivers to drive 18 under FedEx Ground’s DOT authority.” Id. at 5.

Edd King v. National General Insurance Company

District Court, N.D. California · May 5, 2025

Brown is qualified. 20 2. … , not whether the evidence in fact establishes that plaintiffs would win at trial.”

In Re Northern District of California "Dalkon Shield" IUD Products Liability Litigation

521 F. Supp. 1188 · District Court, N.D. California · Jun 25, 1981

Clearly with respect to the issue of punitive damages, the most equitable approach as to all present and future plaintiffs is to provide equal access to a recovery fund. … Representative parties to be designated by the court, potentially representing various subclasses that may be established in this action, can fairly and adequately protect the interests of the class.

In re TFT-LCD (Flat Panel) Antitrust Litigation

267 F.R.D. 583 · District Court, N.D. California · Mar 28, 2010

The Court finds that plaintiffs have established commonality, and addresses the issue of predominance infra. D. … May 9, 2000) (“the criminal guilty pleas do not establish boundaries for this civil litigation”).

Cole-Kelly v. Yee

District Court, N.D. California · Mar 13, 2023

In 19 support of their request, Plaintiffs argue that “[w]here, as here, an action seeks to establish the 20 unconstitutionality of a state statute and to enjoin the state and its officers from enforcing that 21 … clearly precludes 3 Plaintiffs from successfully obtaining more than that amount in the form of interest . . . .”

Giles v. Davis

District Court, N.D. California · Mar 1, 2021

In the alternative, Defendants argue they 5 are entitled to qualified immunity. Plaintiff has filed an opposition to Defendants’ motion, and 6 Defendants have filed a reply. Dkts. 26, 28. … immunity.

Lester v. J.P. Morgan Chase Bank

926 F. Supp. 2d 1081 · District Court, N.D. California · Feb 20, 2013

Lester “received a letter stating that he was not qualified for [the Home Affordable Modification Program (“HAMP”) ] because his loan was too large,” information that, Mr. … To establish a breach of the covenant, then, a plaintiff must establish the existence of a contractual obligation, along with conduct that frustrates the other party’s rights to benefit from that contract. Id.

United States v. Polack

27 F. Cas. 580 · District Court, N.D. California · Dec 15, 1857

This story he repeats in his second deposition, although obviously willing at that time to qualify as far as possible his former testimony. … S.) 59], it is clearly intimated by the supreme court that in cases dike that under consideration, record evidence of the grant should be produced, or its absence satisfactorily accounted for.

Guida v. Miller

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

It said that qualifying to compete was not a prize or 17 award. … The record did not 2 establish any awards to the petitioner.

eBay, Inc. v. Bidder's Edge, Inc.

100 F. Supp. 2d 1058 · District Court, N.D. California · May 24, 2000

We hold that where validity and continuing infringement have been clearly established, as in this case, immediate irreparable harm is presumed. … If prelimi *1072 nary injunctive relief were denied, and other aggregators began to crawl the eBay site, there appears to be little doubt that the load on eBay’s computer system would qualify as a substantial impairment of

Dragu v. Motion Picture Industry Health Plan for Active Participants

144 F. Supp. 3d 1097 · District Court, N.D. California · Nov 16, 2015

2013 SPD’s exclusion of “prosthetic rehabilitation of dental implants” and noted that the Plan’s “maxillofacial and oral surgeon consultant” reviewed the file and agreed that the placement of crowns and abutments did not qualify … As there is nothing in the record establishing whether Dr. Shuken is a Blue Shield Preferred Provider or an Out-of-N etwork provider, this issue is remanded to the insurer for additional fact development. D.

Fayed v. Davis

District Court, N.D. California · Jan 3, 2024

Plaintiff also alleges a state law 17 claim of deliberate indifference to clearly established state law, specifically Cal. Penal Code § 18 1243. … established state law, specifically Cal.

Woodward

District Court, N.D. California · Mar 31, 2026

The court overseeing the new case granted the 21 motion, concluding that the 1996 dismissal qualified as an acquittal that barred Woodward’s 22 retrial. Id. … Jurisdiction and Exhaustion 18 Different habeas avenues are available depending on the nature of the petitioner’s custody. 19 Here, it is undisputed and clearly established that Woodward