Case law

dotStrategy Co. v. Facebook Inc

District Court, N.D. California · Nov 11, 2020

Williams, 26 F.Supp.3d at 936 (internal citations omitted). 11 Moreover, stating that Facebook is not “responsible for click fraud” is ambiguous, as it 12 does not clearly exclaim liability for clicks here at … This order disagrees. 27 1 To establish standing under Section 17200, a plaintiff must demonstrate that he “suffered 2 injury in fact and

Enovsys LLC v. Lyft, Inc.

District Court, N.D. California · Jun 17, 2024

In its opposition brief, Enovsys states that claim 15 is “clearly not” 15 representative because of “the significant differences in methods and structures between the 16 various and disparate representative claims of … 2 In the context of software-based inventions, Alice/Mayo step one “often turns on whether 3 the claims focus on the specific asserted improvement in computer capabilities or, instead, on a 4 process that qualifies

World Financial Group Insurance Agency, LLC v. Olson

District Court, N.D. California · Jul 19, 2024

Avago, 2017 WL 412524, at *6 (“Courts in this District have concluded … that 11 CUTSA preemption extends to claims based on the misappropriation of confidential and 12 proprietary information, regardless of whether it qualifies … The FAC describes the Olsons’ 18 purported misuse of WFG’s confidential information for use in establishing their competing 19 company, GFI.

Tawfik v. Select Portfolio Servicing, Inc.

District Court, N.D. California · Aug 30, 2021

Thus, it appears that Plaintiff's 5 counsel is “qualified, experienced, and generally able to conduct the class action litigation.” … The Revised Notices 3 clearly provide an estimate for each individual’s potential minimum amount of recovery on the 4 first page.

Enovsys LLC v. Uber Technologies, Inc.

District Court, N.D. California · Jun 17, 2024

In its opposition brief, Enovsys states that claim 15 is “clearly not” 14 representative because of “the significant differences in methods and structures between the 15 various and disparate representative claims of … 2 In the context of software-based inventions, Alice/Mayo step one “often turns on whether 3 the claims focus on the specific asserted improvement in computer capabilities or, instead, on a 4 process that qualifies

National Family Farm Coalition v. Vilsack

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

Nor does it make sense to read subsection 15 (b) as directing the agency to undertake those courses of action suggested in the report given that 16 subsection (c) clearly delineates a series of more specific actions … The parties are directed to file by January 13, 2025, a joint statement addressing 8 || what effect, if any, this order will have on the rule identifying additional GE organisms qualified 9 || forexemption.

Blissard v. Berryhill

District Court, N.D. California · Dec 22, 2020

THE FIVE-STEP SEQUENTIAL EVALUATION PROCESS 13 To qualify for disability benefits, a claimant must demonstrate a medically determinable 14 physical or mental impairment that prevents her from … The 6 Commissioner bears the burden of establishing that work exists in significant numbers. Tackett, 7 180 F.3d at 1099.

Hanson v. Welch Foods Inc.

District Court, N.D. California · Jul 6, 2020

See id. at 4 n.2. 5 Welch’s argues that Hanson has not established standing under California law because he 6 has not alleged reliance on any particular representation by Welch’s. … In his opposition brief, Hanson states that he 21 relied on the product labels, and attempts to tie that position to allegations that reference the 22 product labels but do not themselves clearly or directly state that

In Re Meta Pixel Healthcare Litigation

District Court, N.D. California · Sep 7, 2023

Meta acknowledges this prior conclusion, but argues that unspecified “remaining 2 items” that are transferred “mostly” do not qualify as content … App. 4th 1427, 1440 (2000), as modified on denial of reh'g (July 6, 2000). 11 Plaintiffs have not clearly identified the specific representations that Meta made to them that 12 support their larceny claim or the facts

Noroma v. Home Point Financial Corporation

District Court, N.D. California · Nov 6, 2019

“Generally, unless the settlement is clearly 25 inadequate, its acceptance and approval are preferable to lengthy and expensive litigation with 26 uncertain results.” Ching v. … In re 1 evaluated class counsel’s qualifications and experience and concluded that class counsel is 2 qualified to represent the Class and Collective members’ interests in this action. See Dkt.

Dixon v. Cushman & Wakefield Western, Inc.

District Court, N.D. California · Aug 30, 2021

Thus, it appears that Plaintiff's 5 counsel is “qualified, experienced, and generally able to conduct the class action litigation.” … The Revised Notices 3 clearly provide an estimate for each individual’s potential minimum amount of recovery on the 4 first page.

Furey v. Metropolitan Life Insurance Company

District Court, N.D. California · Aug 10, 2020

 after such period, more than 60% of your Predisability 14 Earnings from any employer in Your Local Economy at any gainful occupation for which You are reasonably qualified … Under that rule, a court may consider extrinsic evidence “only when circumstances clearly establish that additional evidence is necessary to conduct an adequate de 26

Juster v. Workday, Inc.

District Court, N.D. California · Aug 1, 2022

, 953 F.3d at 1088-89 (emphasis added). 7 In its papers, Workday argues that the reference to earnings history (as being a type of 8 background information that may be obtained) cannot qualify … Juster argues still that he could amend to add in a § 1681d(d)(2) claim against HR 18 because (1) the statute clearly applies to a consumer reporting agency and (2) the statute prohibits 19 a consumer reporting agency

De Leon v. Ricoh USA, Inc.

District Court, N.D. California · Nov 25, 2019

Thus, it appears that Plaintiff’s counsel is “qualified, experienced, and generally 7 able to conduct the class action litigation.” See Bellinghausen, 303 F.R.D. at 617. 8 B. … The party requesting fees bears the burden “of submitting billing records to establish 7 that the number of hours it requested are reasonable,” Gonzalez v.

Aleman Gonzalez v. Whitaker

District Court, N.D. California · Jun 19, 2020

In other words, the class member is in custody under certain terms at the 10 time of the bond hearing and “No Change” clearly indicates the IJ’s decision that the class 11 member will remain in custody under those same … No. 41 at ¶ 2.) 10 A party seeking to seal court filings must comply with the Civil Local Rules, which 11 provide that sealing is appropriate only where the requesting party “establishes that the document, 12

Steward v. County of Santa Clara

District Court, N.D. California · Mar 2, 2020

For the same reasons, accepting plaintiff’s version of events as true, the Court finds 24 that West is not entitled to qualified immunity on the section 1983 claim because it has been long 25 established that body cavity

Hale v. Kijakazi

District Court, N.D. California · Mar 22, 2024

Contrary to the 5 Commissioner’s assertions, the transcript is largely legible, clearly stating the grades and credit 6 P.H. received for all semesters except fall 1973, which indicate extremely poor performance that … applicable special education would have been available to P.H. in the late 1970s, 20 nor did he indicate (or identify evidence showing) that P.H. was evaluated for special education at 21 that time and found not to qualify

Roblox Corporation v. WowWee Group Limited

District Court, N.D. California · Mar 9, 2023

Defendants allege that plaintiffs have failed to clearly articulate their 11 alleged trade dress or identify how the “generic” elements pled by plaintiffs create a particular visual 12 impression. Dkt. … Id. 3 Defendants argue that any alleged use of the Roblox name qualifies as nominative fair use. 4

Aetna Inc. v. Gilead Sciences, Inc.

District Court, N.D. California · Apr 20, 2022

not at the core of what the removal statute protects. 22 The forum-defendant rule clearly … The dispute there centered on the action of a federal agency (IRS) and its compatibility with a 7 federal statute, the question qualified as "substantial," and its resolution was

Barich v. Cotati

District Court, N.D. California · Jul 20, 2021

But the 21 January meetings’ minutes and video, as well as the transcripts attached to the FAC, do not 22 establish that Ms. … Fact Concerts, Inc., 453 U.S. 247, 271 (1981) (“[W]e hold 4 that a municipality is immune from punitive damages under 42 U.S.C. § 1983”).