Case law

Ecological Rights Foundation v. United States Environmental Protection Agency

District Court, N.D. California · Jun 3, 2021

Therefore, EPA has not established that releasing the phone numbers is a 15 “clearly unwarranted invasion of personal privacy.” 16 • Exemplar 19 is an email chain consisting of a resignation … Therefore, EPA has not established 14 that releasing information other than the individual’s name and contact information is a 15 “clearly unwarranted invasion of personal privacy” or would result in harm

Donskoy v. United States Citizenship and Immigration Services

District Court, N.D. California · Nov 11, 2021

The Court is not persuaded that USCIS acted in bad faith here. 2 Donskoy argues in his reply brief that USCIS “does not clearly state whether [its motion] is 26 … Donskoy’s failure to establish this last category was of no 8 legal significance, however, as USCIS held that he had established three others.

Asberry v. Foss

District Court, N.D. California · Apr 20, 2020

Does not name any defendant who did not act but is linked solely in his or 4 her respondent superior capacity or against whom Plaintiff cannot allege facts that would establish 5 either supervisorial or municipal liability … C 19-6311 YGR (PR)—on the form, clearly label the 13 complaint “Amended Complaint,” and complete all sections of the form.

Smith v. City of Marina

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

Smith’s third cause of action is a Section 1983 claim for fabrication of evidence. 23 It is “virtually self-evident” that there is a “clearly established constitutional due process 24 right not to be subjected … The 13 facts of the incident at issue in this case alone cannot establish that Chief Nieto should have 14 known prior to the incident that there was a potential issue, let alone establish that she acted with 15 the

San Benito Health Care District v. California Nurses Association

District Court, N.D. California · Mar 21, 2025

The District is also right 8 that the line of California cases establishing these principles demonstrates those rights may be 9 presently enforceable by a plan beneficiary prior to retirement. … 14 The District says that it was error to permit Hurley to testify “whether financial documents 15 . . . are more reliable in the context of a chapter 9 insolvency analysis” where Hurley was neither 16 qualified

Laatz

District Court, N.D. California · Nov 17, 2025

Sandler must 27 clearly connect his testimony to his experience in the business of font licensing. … Shapiro is qualified to opine on this issue. And Ms.

Joseph v. City of San Jose

District Court, N.D. California · Nov 30, 2022

present purposes, it should not go 21 without mention that “[a] judge’s ordinary efforts at courtroom administration – even a stern and 22 short-tempered judge’s ordinary efforts at courtroom administration – remain immune … [and that] [i]t is impossible for 9 || Plaintiff to get a fair hearing from Illman who is ‘in-your-face’ biased and dishonest and alters a 10 || two sentence statement to mean the exact[] opposite of what is clearly

Banga v. Kanios

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

If the University determines that bias has been established, the student may petition the 6 [Academic Standards] Committee.” … Having 4 || reviewed the deposition transcripts, it appears that defense counsel did not break any clearly 5 defined rules. 6 V.

Aramic LLC v. Revance Therapeutics, Inc.

District Court, N.D. California · Apr 2, 2024

Revance also 27 explained that it planned to qualify the new WCB, and believed that qualification was a “post 1 aged and our new WCB will not be fully qualified at the licensure. … Thus, the pre-inspection statements 24 anticipating approval within a projected timeline are immunized.

Adobe System Inc. v. Blue Source Group, Inc.

125 F. Supp. 3d 945 · District Court, N.D. California · Aug 31, 2015

To establish purposeful direction, a plaintiff must satisfy a three-part test drawn from the U.S. Supreme Court’s opinion in Calder v. … (alleging that “[e]very distribution agreement entered into by Plaintiff clearly states that, all Adobe-Branded Software is subject to license,” and that Adobe “maintains title to the Adobe-Branded Software, at all times

Banga v. Kanios

District Court, N.D. California · Apr 30, 2024

Banga was clearly on notice the trial was moving quickly and Kanios might 27 testify the next day. 1 A district court is not obligated to draw inferences in favor of the … Americans with Disabilities Act (ADA) 16 A litigant bringing a claim pursuant to Title III of the ADA must establish “(1) [he] is 17 disabled within the meaning of the ADA; (2) the defendant is a private

UnifySCC

District Court, N.D. California · Apr 14, 2026

. ¶ 3. 14 FRE 702 provides that a qualified expert may testify if “(a) the expert’s scientific, 15 technical, or other specialized knowledge will help the trier of fact to understand the evidence or 16 to determine … The Establishment Clause prohibits governments 3 from making any “law respecting an establishment of religion.” U.S. Const. amend.

Russo v. Federal Medical Services, Inc.

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

Such a person “clearly suffers or permits that work by failing to prevent it, while 5 having the power to do so.” Id. … Plaintiffs are correct that Woulfe’s status as a supervisor alone does not 21 preclude her from qualifying as an “employer” for the purposes of FLSA liability.

Cheteni

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

Plaintiff himself seems to acknowledge that he did not establish ARP EANS eligibility by 22 stating in his opposition that establishing eligibility is “impossible.” Dkt. No. 174-1. … immunity.

In Re Capital Underwriters, Inc. Securities Litigation

519 F. Supp. 92 · District Court, N.D. California · May 5, 1981

The level of performance necessary to qualify for a quality multiplier must be particularly outstanding where, as here, a limited fund is available. … The Equity Funding opinion most clearly exemplifies this approach.

Abraham v. Black

District Court, N.D. California · May 5, 2020

Abraham is 16 entitled to habeas relief only if the California Court of Appeal’s decision was contrary to, or an 17 unreasonable application of, clearly established federal law from the U.S. … established Federal law.’

Aramic LLC v. Revance Therapeutics, Inc.

District Court, N.D. California · Mar 30, 2024

Revance also 27 explained that it planned to qualify the new WCB, and believed that qualification was a “post 1 aged and our new WCB will not be fully qualified at the licensure. … Thus, the pre-inspection statements 24 anticipating approval within a projected timeline are immunized.

Johnson v. Glock, Inc.

District Court, N.D. California · Sep 30, 2024

the evidence in fact establishes 26 that plaintiffs would win at trial. … His opinions include: 27 16.09 Glock’s “special safety valve is a “defect” that impacts its 16.10 Glock has clearly known of this defect and its consequences for 1 at least two decades

Terraza v. Safeway Inc.

241 F. Supp. 3d 1057 · District Court, N.D. California · Mar 13, 2017

“To establish a violation, a plaintiff must demonstrate that the portfolio is not diversified ‘on its face.’ ” Id. (quoting H.R. Rep. … The Court therefore refuses to adopt an approach that would immunize an investment from scrutiny simply because its expense ratio fell within a certain range.

Dolby Laboratories Licensing Corporation v. Adobe Inc.

District Court, N.D. California · Nov 26, 2019

The trial court must 20 decide whether the witness called is properly qualified to give the testimony sought. … Kursh to opine that the disputed terms in the contract should have been 4 “explicit” or “clearly defined,” or that they should have had “clear objective criteria.”