Case law

Integra Lifesciences I, Ltd. v. Merck KGaA

190 F.R.D. 556 · District Court, S.D. California · Nov 2, 1999

The identity of the witness was clearly known during the discovery time period, and the witness had substantial evidence to give in favor of the plaintiff. … Plaintiffs also anticipate a potential need to depose Yamada’s lab assistant and co-authors to ascertain the exact nature of the experiments and the extent to which Yamada’s findings were made public so as to qualify as prior

(PC) Outman v. Paramo

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

Qualified Immunity. … immunity.

Greeson v. Imperial Irrigation Dist.

55 F.2d 321 · District Court, S.D. California · Dec 5, 1931

inclusion or any of them, the board shall adopt a resolution reciting such facts and describing the boundary of the tract of land proposed to be included in the district and thereafter shall call an election wherein all of the qualified … It thus clearly appears that there is a complete and efficient remedy available to the complainants for the protection of their property rights, which they have made no-effort to pursue, and under these circumstances, they

Roettgen v. Paramo

District Court, S.D. California · Aug 4, 2022

Qualified immunity 14 Defendants argue they are entitled to qualified immunity from damages on the basis 15 that Plaintiff has not stated a Fourteenth Amendment due … Katz, 18 533 U.S. 194, 201 (2001) (“If no constitutional right would have been violated were the 19 allegations established, there is no necessity for further inquiries concerning qualified 20 immunity.”); County of

Taylor Made Golf Co. v. Carsten Sports, Ltd.

175 F.R.D. 658 · District Court, S.D. California · Oct 29, 1997

Clearly, this calculation relies on several assumptions that cannot be verified by the Court. … According to the billing information provided to establish attorney fees, he is a sixth-year associate. .

Feldman v. Sutton

District Court, S.D. California · Jul 29, 2022

immunity 12 because “[t]here is no clear precedent establishing when an officer has a realistic 13 opportunity to intercede.” … The Court declines to reach the merits of 14 any Defendant’s, DOE or named, qualified immunity defense as such an analysis is more 15 appropriate for the summary judgment stage.

L.W. v. Snap Inc.

District Court, S.D. California · Jun 5, 2023

“The majority of federal circuits have interpreted the CDA to establish 20 broad federal immunity to any cause of action that would make service providers 21 liable for information originating with a third-party user … The “prototypical service qualifying for [CDA] 2 immunity is an online messaging board (or bulletin board) on which Internet 3 subscribers post comments and respond to comments posted by others.”

Colden v. Asmus

322 F. Supp. 1163 · District Court, S.D. California · Feb 18, 1971

It clearly prescribes attendance at only one class “A” school as a prerequisite for additional training in the program. There are no less than eleven references to class “A” school in the singular. … An enlisted man is integrated into a rating when he has received basic technical training, usually at an “A” school established for each specialty.

Prime Healthcare Services, Inc. v. Services Employees International Union

97 F. Supp. 3d 1169 · District Court, S.D. California · Apr 1, 2015

Defendants do not contend that “any RICO claim” is barred and they are entitled to “perpetual immunity.” (Dkt. No. 57 at 12.) … Here, Plaintiff Prime Healthcare and Defendants SEIU and UHW were all parties in Prime Healthcare I , so they clearly meet the privity requirement.

Glenn v. United States

129 F. Supp. 914 · District Court, S.D. California · Mar 30, 1955

Criticism has been appropriately directed at the moribund doctrine of sovereign immunity from suits, and the courts should take into account the disfavor Congress has evidenced toward it by the enactment of the Federal Tort … It is an established rule of construction that a statute should be construed as a whole, or in its entirety. United States v. Alpers, 1950, 338 U.S. 680, 684 , 70 S.Ct. 352 , 94 L.Ed. 457 .

Pemberton v. Nationstar Mortg. LLC

331 F. Supp. 3d 1018 · District Court, S.D. California · Jun 26, 2018

July 29, 2015) ("[T]o qualify as a misrepresentation, the complaint must allege facts sufficient to plausibly establish that the statement was false when made.") (citing In re GlenFed, Inc. Sec. … This reasoning clearly sounds in preemption. See Wash. Mut. Bank v.

Alegre v. Contreras

District Court, S.D. California · Aug 16, 2019

The Enrollment Committee unanimously voted that Plaintiffs had established they 13 were qualified for enrollment. (Id.) … The party asserting subject matter 22 jurisdiction has the burden of persuasion for establishing it. Hertz Corp. v.

Jones v. The Vessel Nair

586 F. Supp. 507 · District Court, S.D. California · Apr 27, 1984

The corporation is not qualified to do business in California or the United States. Neither the corporation nor the defendant Gavaldon pay any California or federal income tax in the United States. … However, Rhoditis and Phillips clearly establish that in the Ninth Circuit, citizenship is but one of the factors that should be considered.

Rohr, Inc. v. UPS-Supply Chain Solutions, Inc.

939 F. Supp. 2d 1041 · District Court, S.D. California · Apr 8, 2013

Discussion Knight does not contend' that the Court clearly erred, nor does it identify a change in. the controlling law. Rather, Knight submits Ms. … West’s deposition testimony does not establish beyond dispute that Bill 1703 is a “through” bill of lading intended to cover both the oceanic and inland legs of the first shipment of cargo.

United States v. Walley

160 F. Supp. 67 · District Court, S.D. California · Mar 25, 1958

London died on September 13, 1954, and defendant became the duly appointed, qualified and acting executor of the London estate, which is now in probate in the State court. … Finally, § 64, sub. a(4) of the Bankruptcy Act, in establishing a priority for tax claims, provides that “in case any question arises as to the amount or legality of any taxes, such question shall be heard and determined

Ferguson v. Hittle

District Court, S.D. California · Jun 30, 2023

Delatoore, 281 17 F.3d 844, 847 (9th Cir. 2002). 18 To qualify, section 1915(a)(2) requires prisoners seeking leave to proceed IFP to 19 submit a “certified copy of the … “To establish § 1983 liability, a plaintiff must show 12 both (1) deprivation of a right secured by the Constitution and laws of the United States, 13 and (2) that the deprivation was committed by a person acting under

Dorsey v. Paramo

District Court, S.D. California · Feb 27, 2023

On August 23, 2022, Defendant filed 23 a motion for summary judgment arguing (1) Plaintiff cannot establish the Defendant was 24 deliberately indifferent to Plaintiff’s medical needs; (2) Plaintiff’s damages are merely … 25 speculative; and (3) Defendant has qualified immunity.

Otay Land Co. v. U.E. Ltd., L.P.

440 F. Supp. 2d 1152 · District Court, S.D. California · Jul 18, 2006

Section 9607(a) establishes four categories of PRPs. … Target practice or trap and skeet activities surely qualify as productively using lead-containing ammunition.

Austin v. Brown

District Court, S.D. California · Sep 3, 2020

(ECF No. 45 at 10-24.) 3 Defendants also argue they are entitled to qualified immunity. … Qualified Immunity 2 Finally, Defendants argue they are entitled to qualified immunity with respect to the 3 || First Amendment and RLUIPA claims.

Adams v. Albany

80 F. Supp. 876 · District Court, S.D. California · Nov 5, 1948

“In a case of this kind brought under the provisions of a statute creating' the right of action where none previously existed and qualifies the right of action by requiring that the suit to enforce it be brought within a … This is akin to the> rule that in statutes waiving governmental immunity to suit, the courts are “confined to the letter of the statute” (The Isonomia, 1933, 2 Cir., 285 F. 516, 520 ), because the limitation of the remedy