Case law

TV Interactive Data Corp. v. Sony Corp.

929 F. Supp. 2d 1006 · District Court, N.D. California · Mar 11, 2013

TVI contends the “press any button” alternative infringes TVI’s patents because it is contrary to the established claim construction of the term “automatically.” … TVI contends that because Rule 702 only permits expert testimony from “[a] witness who is qualified as an expert by knowledge, skill, experience, training, or education,” Mr.

In re Ubiquiti Networks, Inc. Securities Litigation

33 F. Supp. 3d 1107 · District Court, N.D. California · Mar 26, 2014

The sort of recklessness that qualifies as scienter is “either ‘deliberate recklessness’ or ‘conscious recklessness’ — a ‘form of intent rather than a greater degree of negligence.’ ” Id. … Any claims set forth within any second consolidated amended complaint shall clearly, specifically, and consistently distinguish and incorporate by reference only those facts supporting that particular claim.

Beckford v. The Children's Group, Inc.

District Court, N.D. California · Feb 28, 2025

between you and [TCP] shall exclusively be settled 23 through binding and confidential arbitration, except that you or [TCP] may take claims to small claims court if the dispute 24 qualifies … Mot. at 12–13. 13 Second, they argue that the 2023 Terms clearly disclose that they modify JAMS’s 14 Consumer Minimum Standards. Id.

United Tactical Systems, LLC v. Real Action Paintball, Inc.

143 F. Supp. 3d 982 · District Court, N.D. California · Nov 10, 2015

Baral relied on Wallace for its finding that ‘Oasis clearly holds that, where a cause of action (count) is based on protected activity, the entire cause of action may proceed as long as the plaintiff shows a probability of … This recent case further demonstrates that settlement agreements are not necessarily immune to antitrust attacks. .

Monk v. DeJoy

District Court, N.D. California · Apr 10, 2023

Id. at 12-13. 22 In March of 2020, and on the basis of a note from his doctor, Plaintiff stopped going to 23 work because his immune system was reportedly compromised due to his diabetes and he believed … him as a 22 “qualified individual” – and, in order to bring a claim pursuant to the Rehabilitation Act, it is 23 necessary to allege that, with or without reasonable accommodation, one can perform the essential 24

Aegis Senior Communities LLC v. UKG Inc.

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

As the 6 California Supreme Court has held, a plaintiff must “(1) establish a loss or deprivation of money 7 or property sufficient to qualify as injury in fact, i.e., economic injury, and (2) show that the 8 economic … Aegis 20 seeks recovery of fees and premiums it paid to UKG, but clearly refers to contractual payments 21 under the WFC Agreement. FAC ¶ 187.

United States v. Bergonzi

214 F.R.D. 563 · District Court, N.D. California · Jan 10, 2003

In MIT, the government sought enforcement of a summons issued by the Internal Revenue Service (“IRS”) during the investigation of MIT into whether it qualified for exempt status and was complying with certain obligations. … As such, the Court finds that neither the Company nor the Government has successfully met its burden of establishing that the Government was not an adversary.

Santos v. County of Humboldt

District Court, N.D. California · Oct 18, 2023

Establishing the causal link needed 17 here requires more than coincidence, innuendo, or assumption. … To establish a retaliation claim in that context, a plaintiff must 22 “establish that his or her protected activity was a but-for cause of the alleged adverse action by the 23 employer.” Id. at 362.

Ramos v. Nielsen

District Court, N.D. California · Dec 28, 2023

“The government has not articulated, and cannot 15 establish, any rational basis for reversing course on decades of established TPS 16 policy and ignoring the current capability of TPS counties to … renounce its prior conduct (i.e., it 24 does not clearly repudiate that prior conduct).

Stanley v. O'Malley Commissioner of Social Security

District Court, N.D. California · Aug 7, 2025

For the 26 reasons explained below, further record development is unnecessary: her treating physicians’ 27 opinions sufficiently establishes disability. … As for Plaintiff’s jazz 20 singing, she clearly explained at the relevant hearing that it was rare, normally only a song or two, 21 and more

Gescheidt v. Haaland

District Court, N.D. California · Aug 2, 2021

Such a plaintiff “must establish that the law and facts clearly 10 favor her position, not simply that she is likely to succeed.” Id. … And because the Court finds that Plaintiffs are 15 seeking a mandatory injunction, they must establish that the law and facts clearly favor their 16 position. See Garcia, 786 F.3d at 740.

Garcia v. Spearman

District Court, N.D. California · Oct 1, 2019

Garcia’s 23 ineffective-assistance-of-counsel claim was not contrary to or an unreasonable application of 24 clearly established federal law, as set forth by the U.S. Supreme Court. … There is no clearly established law extending Ake 6 to postconviction proceedings not involving the death penalty. 7 The only other case cited by Mr.

Valadez v. Frauenheim

District Court, N.D. California · Mar 26, 2021

“[A] federal habeas court may not issue the writ simply because that court concludes 18 in its independent judgment that the relevant state-court decision applied clearly 19 established federal law erroneously or incorrectly … A federal habeas court making the “unreasonable application” 21 inquiry should ask whether the state court’s application of clearly established federal law 22 was “objectively unreasonable.”

Navarrette v. 5 - Keys Charter School

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

Finding select quotes from the FAC, Five Keys highlights that 7 (1) Five Keys supervisors clearly limited working hours between 6:45am and 3:15 on 8 weekdays; (2) Five Keys supervisors rejected Mr. … He is a U.S. citizen and therefore unlike foreign 13 diplomats has no immunity from U.S. law.”)

Pellegrini

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

An ALJ’s reliance on qualified, cogent, and uncontradicted expert testimony generally 10 constitutes substantial evidence in support of an ALJ’s finding. … Courts use the credit-as-true rule to take subjective 15 symptom testimony or medical opinion evidence “to be established as true.” Garrison, 759 F.3d 16 at 1019–20.

Candyce Martin 1999 Irrevocable Trust v. United States

822 F. Supp. 2d 968 · District Court, N.D. California · Oct 6, 2011

The tax ramifications of the transaction were clearly described to the Martin Family, as well as the potential for IRS examination, because of the issuance of IRS Notice 2000-44. Tr. 359:16-360:16. … Nor was it established that Mr. Sideman ever specifically advised them that the transaction was bona fide or legal. All the evidence clearly establishes is that Mr. Sideman approved the transaction.

Hovsepian v. Gastelo

District Court, N.D. California · Jul 8, 2020

Accordingly, the Court is barred from considering 10 petitioner’s claims unless the limitations period is equitably tolled or unless petitioner 11 demonstrates that he qualifies for the miscarriage of justice exception … , as set forth in Schlup v. 12 Delo, 513 U.S. 298, 327 (1995). 13 Petitioner argues that the Court should excuse his untimeliness because his claims clearly 14 establish

Spurlock v. City and County of San Francisco

District Court, N.D. California · Aug 5, 2024

Given the Court’s conclusions regarding the 15 sufficiency of pleading on each of these causes of action, the Court does not reach Defendants’ 16 arguments regarding qualified immunity or which Defendants are properly … Spurlock 9 and Guibert thus fail to establish a property interest in the badges on this basis. 10 c.

Oracle America, Inc. v. Google Inc.

872 F. Supp. 2d 974 · District Court, N.D. California · May 31, 2012

To attempt to establish such a line in this report written in 1978 would be futile .... … The circumstances are clearly different here. Sega’s key appears to be functional. It consists merely of 20 bytes of initialization code plus the letters S-E-G-A.

Vasquez v. Cebridge Telecom CA, LLC

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

“The plaintiff, as the party invoking federal 24 jurisdiction, bears the burden of establishing these elements,” which at the pleadings stage means 25 “clearly . . . alleg[ing] facts demonstrating each element.” … 9 protector plan under which Citibank agreed to defer or credit certain amounts on her credit card 10 account when certain qualifying events took place (e.g., long-term disability, unemployment). 2 11 Cal. 5th