Case law

United States Ex Rel. Fine v. University of California

821 F. Supp. 1356 · District Court, N.D. California · Apr 7, 1993

The IGA establishes independent agencies within each federal department to monitor, investigate and report fraud. The purposes of the acts are the same—to ferret out fraud against the government. … Fine is not an “original source” of the information on which he bases his complaint, there is no need to address defendants’ separation of powers or sovereign immunity arguments.

Norsworthy v. Beard

87 F. Supp. 3d 1164 · District Court, N.D. California · Apr 2, 2015

Clearly, after years of counseling and hormone therapy, Ms. Norswor-thy now requires genital surgery. i.e., the reconstruction of primary sex characteristics. Were Ms. … Would prison officials then be .free to deny him consideration for surgery, immunized from constitutional suit by the fact that they were giving him a painkiller? We think not.

Shishido v. SIU-Pacific District-PMA Pension Plan

587 F. Supp. 112 · District Court, N.D. California · Dec 22, 1983

Plaintiff alleges that the trustee’s refusal to modify the qualification period to take into account the 9.075 years he worked prior to being unlawfully screened is arbitrary and capricious conduct, clearly violative of the … Therefore, plaintiff seeks an order requiring the trustees to add the 9.075 years on to the 12.62 years of accrued Qualifying Time for a total of 22.37 years of Qualifying Time which would qualify plaintiff for total benefits

Thomas

District Court, N.D. California · Mar 16, 2026

First, Henderson argues that the 3 Court “was in error by dismissing [Henderson’s] vaccine related issues with prejudice” because it 4 “failed to follow clearly established law” regarding qualified immunity and the … from legal liability for their activities related to the development, 11 deployment, and administration of medical countermeasures such as vaccines—not qualified 12 immunity.

King v. National General Insurance Co.

186 F. Supp. 3d 1062 · District Court, N.D. California · May 16, 2016

After reviewing the jurisprudence, the court concluded that the two statutory provisions have been harmonized by narrowly construing the section 1860.1 immunity. … CONCLUSION Federal Rule of Civil Procedure 15(a) establishes that leave to amend “shall be freely given when justice so requires.”

In re Wells Fargo Home Mortgage Overtime Pay Litigation

268 F.R.D. 604 · District Court, N.D. California · Jan 13, 2010

This is clearly the case here, as the applicability of the outside sales exemption can only be resolved through an *613 examination of how each class member spent his or-her working day. … For example, plaintiff avers that if, as Wells Fargo claims, the HMCs qualify for the administrative exemption, they cannot also qualify for the outside sales exemption or the commissioned sales exemption.

Robinson v. City of San Jose

District Court, N.D. California · Sep 16, 2021

Defendants Petterson and Kulik move for qualified immunity 25 on this issue, asserting that no constitutional violation occurred under clearly established 26 law. See Reply at 9–11. … 9 If Defendants bring a post-trial motion for qualified immunity, it will then become 10 Robinson’s burden to define the violated right with specificity and show that the law is 11 “clearly established” against

Cook

District Court, N.D. California · Jul 17, 2026

These averments are uncontradicted.3 13 Accordingly, the Court finds that Plaintiff has failed to establish that she was a qualified 14 individual. 15 … Thus, 1 she had not worked enough hours to qualify for FMLA leave.

Tran Qui Than v. Blumenthal

469 F. Supp. 1202 · District Court, N.D. California · Apr 27, 1979

Statement of Facts The Dong Phuong Bank was a private commercial bank established in 1968 under the laws of the Republic of Vietnam. … Assuming, therefore, that the Bank as an entity ceased to exist before the effective date, its assets, having been taken over by the P.R.G., were clearly subject to being blocked.

Wofford v. Safeway Stores, Inc.

78 F.R.D. 460 · District Court, N.D. California · Apr 11, 1978

Subtler forms of discrimination, not embodied in any identifiable rule, are not immune from challenge by a class. … For the purposes of this Memorandum of Opinion, the allegations of the complaints establish the outside perimeters of the classes sought to be established. .

Jiau v. Tews

District Court, N.D. California · Jul 12, 2021

13 immunity. … Qualified Immunity 12 Federal officials are entitled to a qualified immunity defense whether they are

First Pacific Networks, Inc. v. Atlantic Mutual Insurance

163 F.R.D. 574 · District Court, N.D. California · Oct 24, 1995

No California court has endorsed this view, acceptance of which would extend the reach of established privilege doctrine considerably. Cf. Rockwell, 26 Cal. … Paul clearly could not consider itself a client of its insured’s independent Cumis counsel. Cal.

Mattingly v. Jurek

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

Jurek, Knapp and Morgan argue that qualified immunity shields them from 9 liability under Claims One, Two, Three and Six because, as alleged by … In light of this waiver, and without ruling on the merits of the 21 qualified-immunity argument, the Court will dismiss Claims One, Two, Three

Ramachandran v. City of Los Altos

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

Qualified immunity 7 Defendants contend that Messrs. Ballard and Jordan are entitled to qualified immunity with 8 respect to Mr. Ramachandran’s First Amendment claim. Dkt. … a 11 clearly established constitutional right.

Pirozzi v. Apple Inc.

913 F. Supp. 2d 840 · District Court, N.D. California · Dec 20, 2012

Communication Decency Act Apple argues that Section 230(c)(1) of the Communication Decency Act (“CDA”), 47 U.S.C. § 230 , renders it immune from liability in this case. … , Inc., 570 F.3d 1096, 1100-01 (9th Cir.2009). 3 “[A]n ‘interactive computer service’ qualifies for immunity so long as it does not also function as an ‘information content provider’ for the portion of the statement or publication

Bey v. Gascon

District Court, N.D. California · Oct 15, 2019

This is an act that is clearly covered in 14 prosecutorial immunity. … May 3, 2016) (“Plaintiff 2 had no constitutional right, much less a clearly established one, to disregard Defendants' lawful 3 orders or to do so without the consequence of arrest under these circumstances.”).

Bates v. Jones

958 F. Supp. 1446 · District Court, N.D. California · Apr 23, 1997

Encouraging Qualified Candidates The State also argues that term limits will encourage more and better qualified candidates to run for legislative office. … There is no evidence that those candidates will be more qualified.

Berry v. Parodi

District Court, N.D. California · Feb 22, 2023

Qualified Immunity 18 “‘The doctrine of qualified immunity protects government officials ‘from liability for civil 19 damages insofar as their conduct does not violate clearly … In determining whether 23 an officer is entitled to qualified immunity, courts consider “(1) whether there has been a violation 24 of a constitutional right; and (2) whether that right was clearly established at the

Association of Mexican-American Educators ("AMAE") v. California

836 F. Supp. 1534 · District Court, N.D. California · Aug 25, 1993

given that the quoted statement appears in the context of a general discussion of Eleventh Amendment immunity. … Plaintiffs’ first amended complaint clearly meets this standard. 12 .

Fleming

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

Jusino’s argument for qualified immunity is derivative of her Bivens argument. (Dkt. No. 162 at 18–19.) … “Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly