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Title VII forbids discrimination because of sexual orientation. Bostock v. Clayton County, 509 U.S. 644→ 590 U.S. 644 (2020). A complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

Expert testimony is admissible only if it rests on a reliable foundation and is relevant to the task at hand. Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 597 (1993). The gatekeeping inquiry is flexible and tied to the facts of the case. Kumho Tire Co. v. Carmichael, 526 U.S. 137, 150 (1999). The Ninth Circuit has confirmed that the standard applies with full force at class certification. Shin v. Sanyo Foods Corp. of America, 348 F.R.D. 477, 482 (C.D. Cal. 2025).

Copyright protects only original expression, and the Court has held that "facts are always protectable expression under the Copyright Act." Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340, 347 (1991). See also Rusoff v. The Happy Group, Inc., 2026 WL 2387098, at *3 (N.D. Cal. 2026).