Case law

Ad Hoc Committee of Holders of Trade Claims v. PG&E Corporation

District Court, N.D. California · Apr 14, 2020

But it’s clearly an interlocutory order.” Feb. 4, 2020 Hr’g Tr. at 20 48:20–22, 50:6–8 (emphasis added). … Mot. at 17. 1 underlying substantive law creating the debtor’s obligation, subject to any qualifying or contrary 2 provisions of the Bankruptcy Code.” Travelers Cas. & Sur.

McClean v. Solano/Napa Counties Electrical Workers Profit Sharing Plan

District Court, N.D. California · Aug 7, 2024

between 2009 and 2019,” Smith and Broadwater also told McClean that a “three-year break 9 in service[4] had terminated his pension eligibility . . . , and that he needed at least three additional 10 years of service to qualify … Bernard, 618 F.2d 559, 567 (9th Cir. 22 1980) (stating that “[t]he legislative history of ERISA . . . clearly suggests that Congress intended 23 to grant authority to the courts to apply the exhaustion requirement in

Altimeo Asset Management v. Jumei International Holding Limited

District Court, N.D. California · Sep 14, 2021

In 13 the latter instance, “there is no fact established by the [document] ‘not subject to reasonable 14 dispute,’ and the fact identified does not qualify for judicial notice under Rule 201(b).” … s rights, which were 5 newly added to the SAC, the Court finds that they clearly fail to raise “a strong inference” that 6 Jumei acted with scienter.

Sifuentes v. Google Inc.

District Court, N.D. California · Jun 26, 2023

Dkt. no. 42 at 3. 12 Although Sifuentes had filed a proposed First Amended Complaint in conjunction with his motion 13 for leave to amend, the Court ordered that he file a new amended complaint that “more clearly … While the discussion that followed did not specifically address Sifuentes’s request to increase the requested relief, it also did 27 not qualify

Bally v. State Farm Life Insurance Company

District Court, N.D. California · Apr 28, 2021

Bally introduces the second life insurance policy to suggest that State 25 Farm knew how to speak clearly about cost of insurance rates but chose … Therefore, to qualify for 13 tolling, a plaintiff whose complaint is time-barred on its face must plead facts to show (1) the time 14 and manner of discovery and (2) the inability to have made earlier discovery despite

Peak Health Center v. Dorfman

District Court, N.D. California · Nov 12, 2019

No. 8 ¶¶ 4, 17, 26. 22 The parties focus on the first element of the Coastal Abstract test: whether the article 23 qualifies as commercial speech. … June 15, 2011) (finding that striking 6 plaintiff’s initial complaint where leave to amend was not clearly futile would directly collide with 7 Rule 15’s liberal amendment policy).

Shaw v. United States of America

District Court, N.D. California · Jan 30, 2020

The RRF was established in 1976 to support the rapid 5 deployment of the United States’ military forces, equipment, and supplies. … Exclusivity Provision of the Suits in Admiralty Act 20 The SIAA, together with the Clarification Act, 50 U.S.C. §§ 4701–4705, waive 21 sovereign immunity for the United States in cases where “a civil action

BMA LLC v. HDR Global Trading Limited

District Court, N.D. California · Sep 7, 2021

To support that allegation, they 18 provide an undated photograph of a man they identify as Ben Aabtc with individual defendants 19 Hayes, Delo and Reed, arguing that “[t]his clearly shows that this well-known, open … None of 18 these deficiencies has been cured. 19 “To have standing under [section] 1964(c), a civil RICO plaintiff must show (1) that his 20 alleged harm qualifies as injury

Garcia v. Kijakazi

District Court, N.D. California · Jan 27, 2025

Garretson, 759 F.3d at 1021. 12 Here, while Plaintiff clearly suffered serious symptoms from his mental illnesses in the 13 past, it appears that Plaintiff has made great strides in managing his symptoms … While the record does not demonstrate a complete remission of Plaintiff’s conditions, they 15 may no longer be severe enough to qualify as disabling. See Hoopai v.

Oden v. Voong

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

immunity. … The moving party has the burden of 15 establishing the absence of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 16 317, 323 (1986); Fed. R. Civ.

United States v. Sutter Health

District Court, N.D. California · Sep 9, 2024

Sokolove as improper legal opinions in a 4 motion in limine, which must be clearly identified. As a general matter, however, the Court 5 observes that it is unclear how Mr. … Sokolove also 8 points to the Affordable Care Act’s requirement that hospitals establish compliance programs, and 9 Sutter Health’s awareness of CMS’s oversight mechanisms. (Id. at 11.)

Pacific Recovery Solutions v. Cigna Behavioral Health, Inc.

District Court, N.D. California · Mar 29, 2021

If there were such an allegation in the Complaint, Plaintiffs’ state law claims 4 would clearly be independent of Cigna’s plans and beyond the preemptive force of section 514(a). 5 See Port Medical Wellness, Inc. v … We recognize, of course, that a given mailing or wire communication need not be fraudulent on its face in order to constitute an act of mail 23 or wire fraud; even innocuous communications can qualify

LD v. United Behavioral Health

District Court, N.D. California · Dec 18, 2020

from 26 the merits of his claim[.]”). 27 1 Finally, as to the nature of the relief sought, “[t]o qualify … The 22 EOBs clearly state the amounts that United would reimburse and any remaining amounts that the plaintiffs would owe to Summit 23 Estate, and that plaintiffs could appeal such

Meta Platforms, Inc. v. BrandTotal Ltd.

District Court, N.D. California · Nov 9, 2020

“[I]ntangible injuries, such as damage to ongoing recruitment efforts and goodwill, 13 qualify as irreparable harm.” Rent-A-Ctr., Inc. v. … Assuming for the sake of argument that BrandTotal’s characterization 5 of the terms of service is accurate, restricting the means that users may engage in to extract that 6 data from Facebook’s servers does not clearly

In Re Koninklijke Philips Patent Litigation

District Court, N.D. California · Apr 13, 2020

In dispositive motions, the parties have 21 narrowly tailored their redactions to specific source code, which “clearly meets the definition a 22 trade secret.” See Apple, Inc. v. Samsung Elecs. … Court, 798 F.2d 1289, 1294 (9th Cir. 1986)). 13 Although information about technical product operation typically qualifies for protection, much of 14 the information here is already public.

Google LLC v. Sonos, Inc.

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

Even assuming that a heightened burden of proof such as clear and convincing 3 evidence applies, Sonos has sufficiently established patent ineligibility. 4 D. … Electric Power clearly states that collecting information 11 and analyzing it fall within the abstract idea category.

J.C. v. Kijakazi

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

An impairment that manifests only some of those criteria, no matter how 14 severely, does not qualify.” Sullivan v. Zebley, 493 U.S. 521, 530 (1990) (footnote omitted). … Saul, the Court of Appeals addressed the conflict between its precedent 8 establishing a presumption of continuing disability after a prior disability determination and the 9 SSA’s interpretation of the 1983 Reform

T.N. v. Kijakazi

District Court, N.D. California · Oct 5, 2021

An impairment that manifests only some of those criteria, no matter how severely, does 13 not qualify.” Sullivan v. Zebley, 493 U.S. 521, 530 (1990) (simplified). … Saul, the Court of Appeals addressed the conflict between its precedent 5 establishing a presumption of continuing disability after a prior disability determination and the 6 SSA’s interpretation of the 1984 Reform

Paniani Taafua v. Quantum Global Technologies, LLC

District Court, N.D. California · Aug 14, 2020

Taafua bears the burden of establishing, by a preponderance of the evidence, that class 20 certification is appropriate under Rule 23. Wal-Mart Stores, Inc. v. … Notice 16 As with the parties’ prior proposed settlement, the Court finds that the proposed notice of 17 settlement to be sent to class members “clearly and concisely

10Tales, Inc. v. TikTok, Inc.

District Court, N.D. California · Aug 14, 2023

“If an apparatus claim ‘is clearly 4 limited to a[n apparatus] possessing the recited structure and capable of performing the recited 5 functions,’ then the claim is not invalid as indefinite.” … No. 185-3 ¶ 124 (“As of 2003, 13 client-server technology was well established and known to a POSITA.”). 14 4.