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Vivid Entertainment LLC et al v. Jonathan Fielding et al

MEMORANDUM in Opposition to MOTION for Preliminary Injunction [

50 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,777 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,829 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  3. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,733 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  4. Mazurek v. Armstrong

    520 U.S. 968 (1997)   Cited 3,349 times   2 Legal Analyses
    Holding that "a plaintiff's motion for preliminary injunctive relief has a "requirement for substantial proof is much higher" than a defendant's summary judgment motion

  5. Whitmore v. Arkansas

    495 U.S. 149 (1990)   Cited 2,854 times   16 Legal Analyses
    Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

  6. Ward v. Rock Against Racism

    491 U.S. 781 (1989)   Cited 2,865 times   8 Legal Analyses
    Holding that music is protected expression

  7. Hill v. Colorado

    530 U.S. 703 (2000)   Cited 1,274 times   6 Legal Analyses
    Holding content neutral a ban on "picketing," "demonstrating," "protest, education, or counseling" even though it may require the government "to review the content of the statements made"

  8. Amoco Production Co. v. Gambell

    480 U.S. 531 (1987)   Cited 2,085 times   1 Legal Analyses
    Holding that a District Court did not err in declining to issue an injunction to bar exploratory drilling on Alaskan public lands, because the district court's decision "did not undermine" the policy of the Alaska National Interest Lands Conservation Act, 16 U.S.C. § 3120, and because the Secretary of the Interior had other means of meaningfully complying with the statute

  9. Turner Broadcasting System, Inc. v. Federal Communications Commission

    512 U.S. 622 (1994)   Cited 1,292 times   7 Legal Analyses
    Holding that rules that distinguish "based only upon the manner in which speakers transmit their messages to viewers, and not upon the messages they carry" are content-neutral

  10. Central Hudson Gas Elec. v. Public Serv. Comm'n

    447 U.S. 557 (1980)   Cited 2,052 times   105 Legal Analyses
    Holding that a restriction on commercial speech must directly advance a substantial governmental interest

  11. Rule 17 - Plaintiff and Defendant; Capacity; Public Officers

    Fed. R. Civ. P. 17   Cited 9,151 times   23 Legal Analyses
    Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"

  12. Section 6307 - Division power, jurisdiction and supervision

    Cal. Lab. Code § 6307   Cited 31 times

    The division has the power, jurisdiction, and supervision over every employment and place of employment in this state, which is necessary adequately to enforce and administer all laws and lawful standards and orders, or special orders requiring such employment and place of employment to be safe, and requiring the protection of the life, safety, and health of every employee in such employment or place of employment. Ca. Lab. Code § 6307 Repealed and added by Stats. 1973, Ch. 993.

  13. Section 144 - Enforcement

    Cal. Lab. Code § 144   Cited 6 times

    (a) The authority of any agency, department, division, bureau or any other political subdivision other than the Division of Occupational Safety and Health to assist in the administration or enforcement of any occupational safety or health standard, order, or rule adopted pursuant to this chapter shall be contained in a written agreement with the Department of Industrial Relations or an agency authorized by the department to enter into such agreement. (b) No such agreement shall deprive the Division

  14. Section 120175 - Measures to prevent spread of disease

    Cal. Health & Saf. Code § 120175   Cited 4 times

    Each health officer knowing or having reason to believe that any case of the diseases made reportable by regulation of the department, or any other contagious, infectious or communicable disease exists, or has recently existed, within the territory under his or her jurisdiction, shall take measures as may be necessary to prevent the spread of the disease or occurrence of additional cases. Ca. Health and Saf. Code § 120175 Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.

  15. Section 144.7 - Emergency regulation revising bloodborne pathogen standard

    Cal. Lab. Code § 144.7   Cited 1 times

    (a) The board shall, no later than January 15, 1999, adopt an emergency regulation revising the bloodborne pathogen standard currently set forth in Section 5193 of Title 8 of the California Code of Regulations in accordance with subdivision (b). Following adoption of the emergency regulation, the board shall complete the regulation adoption process and shall formally adopt a regulation embodying a bloodborne pathogen standard meeting the requirements of subdivision (b), which regulation shall become

  16. Section 120575 - Duties of local health officers

    Cal. Health & Saf. Code § 120575   Cited 1 times

    It is the duty of the local health officers to use every available means to ascertain the existence of cases of infectious venereal diseases within their respective jurisdictions, to investigate all cases that are not, or probably are not, subject to proper control measures approved by the board, to ascertain so far as possible all sources of infection, and to take all measures reasonably necessary to prevent the transmission of infection. Ca. Health and Saf. Code § 120575 Added by Stats. 1995, Ch

  17. Section 14999.20 - Model process for granting film permits

    Cal. Gov. Code § 14999.20

    The California Film Commission shall, with input from the media production industry and local and state government, develop and adopt a "model process for granting film permits." The process shall contain but not be limited to the following provisions: (a) A designated person to deal with industry whose responsibilities shall include, but not be limited to: (1) The attraction of media production to the jurisdiction. (2) Assistance in expediting to the greatest extent possible the issuances of all

  18. Section 5193 - Bloodborne Pathogens

    Cal. Code Regs. tit. 8 § 5193   Cited 2 times   1 Legal Analyses

    (a) Scope and Application. This section applies to all occupational exposure to blood or other potentially infectious materials as defined by subsection (b) of this section. EXCEPTION: This regulation does not apply to the construction industry. (b) Definitions. For purposes of this section, the following shall apply: "Biological Cabinet" means a device enclosed except for necessary exhaust purposes on three sides and top and bottom, designed to draw air inward by means of mechanical ventilation