15 Cited authorities

Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (1993) Cited 26,452 times 228 Legal Analyses
Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
Provenz v. Miller
102 F.3d 1478 (9th Cir. 1996) Cited 703 times
Holding district court did not abuse its discretion in denying leave to file surreply because the court did not consider new evidence included in reply brief
Zhang v. American Gem Seafoods, Inc.
339 F.3d 1020 (9th Cir. 2003) Cited 400 times 1 Legal Analyses
Holding that Title VII's damages cap is “a legislative judgment similar to the imposition of a civil fine”
Townsend v. Monster Beverage Corp.
303 F. Supp. 3d 1010 (C.D. Cal. 2018) Cited 44 times 1 Legal Analyses
Holding that a party could include in the reply brief matters that were unforeseen when the party filed the original motion
Elliott v. Google, Inc.
856 F.3d 1225 (9th Cir. 2017) Cited 33 times 7 Legal Analyses
Finding that the court appropriately considered consumer surveys in determining the genericness of the mark "Google"
Iconix, Inc. v. Tokuda
457 F. Supp. 2d 969 (N.D. Cal. 2006) Cited 37 times
Recognizing that "an injunction must be narrowly tailored to remedy only the specific harms shown by the plaintiffs rather than to enjoin all possible breaches of the law" (citing Price v. City of Stockton , 390 F.3d 1105, 1117 (9th Cir. 2004) )
Docusign, Inc. v. Sertifi, Inc.
468 F. Supp. 2d 1305 (W.D. Wash. 2006) Cited 34 times
Striking new information and opinions in an expert's supplemental declaration submitted with a reply brief
Nguyen v. Marketsource, Inc.
Case No.: 17-cv-02063-AJB-JLB (S.D. Cal. May. 11, 2018) Cited 5 times
Declining to take judicial notice of documents that were "irrelevant to any controversy the Court must resolve"
In re Fortune Systems Securities Litigation
680 F. Supp. 1360 (N.D. Cal. 1987) Cited 23 times
Granting summary judgment in favor of defendants where after "full and fair discovery" the "plaintiffs have failed to present any evidence indicating that the price of Fortune stock on June 15 differed at all from its ‘value.’ "
Hudson v. Moore Business Forms, Inc.
609 F. Supp. 467 (N.D. Cal. 1985) Cited 20 times
Finding no exhaustion where plaintiff's wage discrimination claim was not encompassed by DFEH claim alleging discrimination with respect to transfer and termination
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,189 times 75 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,514 times 35 Legal Analyses
Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
Rule 701 - Opinion Testimony by Lay Witnesses
Fed. R. Evid. 701 Cited 5,757 times 26 Legal Analyses
Requiring lay opinion testimony to be "rationally based on the witness's perception"
Rule 602 - Need for Personal Knowledge
Fed. R. Evid. 602 Cited 3,525 times 13 Legal Analyses
Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

Hilsley v. Ocean Spray Cranberries, Inc. et al

15 Cited authorities

Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

Holding district court did not abuse its discretion in denying leave to file surreply because the court did not consider new evidence included in reply brief

Holding that Title VII's damages cap is “a legislative judgment similar to the imposition of a civil fine”

Holding that a party could include in the reply brief matters that were unforeseen when the party filed the original motion

Finding that the court appropriately considered consumer surveys in determining the genericness of the mark "Google"

Recognizing that "an injunction must be narrowly tailored to remedy only the specific harms shown by the plaintiffs rather than to enjoin all possible breaches of the law" (citing Price v. City of Stockton , 390 F.3d 1105, 1117 (9th Cir. 2004) )

Striking new information and opinions in an expert's supplemental declaration submitted with a reply brief

Declining to take judicial notice of documents that were "irrelevant to any controversy the Court must resolve"

Granting summary judgment in favor of defendants where after "full and fair discovery" the "plaintiffs have failed to present any evidence indicating that the price of Fortune stock on June 15 differed at all from its ‘value.’ "

Finding no exhaustion where plaintiff's wage discrimination claim was not encompassed by DFEH claim alleging discrimination with respect to transfer and termination

Holding that such a statement must merely be made by the party and offered against that party

Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"

Requiring lay opinion testimony to be "rationally based on the witness's perception"

Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"