Case law

Foster v. Adams and Associates, Inc.

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

An ERISA “claim fails if the 17 plaintiff cannot establish … that the remedy sought is ‘appropriate equitable relief’ under § 18 1132(a)(3)(B), regardless of whether a remediable wrong has been alleged.’” … To qualify as “equitable relief, both (1) the basis for the plaintiff’s 23 claim and (2) the nature of the underlying remedies sought must be equitable rather than legal.” 24 Depot, Inc. v.

Sahadi v. Liberty Mutual Insurance

District Court, N.D. California · Sep 16, 2019

App. 2d 345, 367–68 (1963)). 3 Plaintiff argues that loss of investment income damages are not fatally speculative because 4 under California law, “while the fact of damages must be clearly shown, the amount need … App. 4th at 1074 17 (“Emotional distress damages are recoverable in a first party bad faith case only when the insured 18 establishes financial loss.”). 19 2.

ALDRICH v. SAUL

District Court, N.D. California · Sep 23, 2019

AR 22, 42, 234-40.5 On May 6, 2015, the agency denied Plaintiff’s claim, 14 finding he did not qualify for disability benefits. AR 151-55. … Berryhill, 883 5 13 || F.3d 1102, 1109 (9th Cir. 2017) (Tn light of the [Supreme] Court’s express limitation on its 14 || holding in Sims, we cannot say that that holding is ‘clearly irreconcilable’ with our decision

Miguel-Sanchez v. Mesa Packing, LLC

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

Rule 23 Class Certification 7 Plaintiffs bear the burden of establishing, by a preponderance of the evidence, that class 8 certification is appropriate under Rule 23. … Adequacy of representation and absence of collusion 10 As discussed above, the Court finds that the plaintiffs and their counsel are qualified to 11 serve as class representatives and class counsel.

WeRide Corp. v. Huang

District Court, N.D. California · Apr 24, 2020

Kunkel’s testimony is based on his analysis of Huang’s surrendered devices, and Kunkel is qualified, for the purposes of 27 this motion, to offer opinions based on his analysis of the devices. … Legal Standard 13 “When a district court decides to impose sanctions or discipline, it must clearly delineate 14 under which authority it acts to insure that the

Sharks Sports & Entertainment LLC v. Federal Transit Administration

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

To that end, NEPA does not mandate particular results, but establishes procedural 6 requirements for assessing the significant environmental impacts of a decision. Winter v. Nat. 7 Res. Def. … The 23 Final SEIS/SEIR opined that the Diridon Station would likely qualify as an urban station under 24 BART’s typology, and indeed that “[t]he Diridon Station design would be similar to other BART 25 system Downtown

Herrick v. Berryhill

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

THE FIVE-STEP SEQUENTIAL EVALUATION PROCESS 17 To qualify for disability benefits, a claimant must demonstrate a medically … Solomon wrote that there was insufficient evidence to establish a severe 6 mental impairment. A.R. 72-76. On reconsideration, Adrianne Gallucci, Psy.D. confirmed the 7 absence of severe mental impairments.

Moonbug Entertainment Limited v. Babybus (Fujian) Network Technology Co., Ltd

District Court, N.D. California · May 15, 2024

Courts can establish criteria to determine what is 14 unprotected or protected. … Because witnesses clearly testified regarding the general color designs and style of the 3 CoComelon works, there was no prejudicial effect of