52 results for 'judge:"Rothstein"'.
J. Rothstein dismisses the self-proclaimed election officer's complaint alleging that the county and others supported laws recognizing her act of placing signs near ballot boxes during the August 2022 Washington State primary election as a criminal form of voter intimidation. The individual does not have standing to challenge “the Electioneering Laws," because she does not present sufficient facts that the county based its actions on the those laws. Also, she fails to argue her First Amendment violation claim because her actions happened in her individual capacity rather than as an election officer.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: October 19, 2023, Case #: 2:22cv1252, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Elections, Government
J. Rothstein denies the employee's motion to file a second amended and supplemental complaint in his lawsuit against Boeing, alleging that Boeing's counsel engaged in intimidating conduct against him during litigation discovery for his employment disability discrimination lawsuit. The supplemental claim is futile because the actions at issue happened during the broad scope of discovery, making them immune under the litigation privilege.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: October 17, 2023, Case #: 3:22cv5728, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Employment Discrimination
J. Rothstein denies the union's motion for a preliminary injunction seeking to enjoin closing on the sale of a hospital facility pending arbitration over a dispute about provisions in their collective bargaining agreements (CBAs). There is no evidence that the hospital closed the hospital building in an attempt to evade the obligations of the CBAs' successor clause, and the Washington State Department of Social and Health Services is justified in wishing for an expedited sale given its need for a state-run hospital.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: September 29, 2023, Case #: 2:23cv1309, NOS: Labor/Management Relations - Labor, Categories: Arbitration, Labor, Injunction
J. Rothstein denies both the mother's and the county's motions for summary judgment regarding the mother's complaint alleging that the county's officers wrongfully shot and killed her son, a Black man, when he fled a sting operation meant to arrest him for selling 50 Xanax pills to an informant. The evidence that the decedent held a cellphone presents a dispute of fact as to whether the officer who fired was justified because he believed the decedent was armed or if the shooting was unjustified based on claims that the decedent held up his phone so his mother could witness the event on FaceTime. The case shall proceed to trial.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: September 28, 2023, Case #: 3:22cv5384, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
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J. Rothstein quiets the title on the business owners' residence as part of their complaint alleging that the physical therapy clinic's promissory note, which it got through a loan purchase agreement, is unenforceable because the applicable statute of limitations expired. There is nothing to indicate that there was an expected delay of payment when the physical therapy clinic bought the promissory note and the business owners signed the borrower approval form on Aug. 17, 2015, which activated the six-year statute of limitations that expired on Aug. 17, 2021, over seven months before the physical therapy clinic filed its counterclaim demanding payment on the promissory note.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: September 27, 2023, Case #: 3:22cv5108, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending
J. Rothstein denies summary judgment to the EEOC for its mitigation of damages affirmative defense, which arises from its lawsuit alleging that the mental health services company withdrew a conditional job offer because a candidate's leg impairment prevented him from standing for long periods of time. The mental health services company sent the candidate job offer opportunities that he did not apply for during the relevant period of his job search, so a reasonable jury could conclude that the candidate had substantially equivalent employment opportunities aside from the one to which he applied.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: September 12, 2023, Case #: 2:21cv1339, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Jury
J. Rothstein finds in favor of the insurance company against the insureds' extra-contractual claims alleging that the insurance company should have checked the Snohomish County Court docketing system or with the insureds to see if a lawsuit was filed against them. The insureds do not cite any legal authority that any insurance company is obligated to check with a court system or its insureds to know if a party filed a lawsuit against the insureds. In fact, the insureds have the legal duty under the policy to inform the insurance company if a lawsuit was filed against them, which they failed to do.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: August 3, 2023, Case #: 2:21cv1501, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Rothstein finds in favor of third-party defendant Smith Freed Eberhard and dismisses the law firm from the insured's lawsuit, which alleges that the firm committed legal malpractice and violated its fiduciary duties by waiting seven months to file a vacate motion of default judgment in the insured's underlying car collision lawsuit and did not exhaust all opportunities for relief from the default judgment. Although the law firm did not act with due diligence in regard to filing the motion to vacate, the insured does not prove that the firm's lack of action was the proximate cause of his damages. In fact, the county court likely would have denied the motion anyway because the insured did not appear in litigation before or after the default order was entered.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: July 17, 2023, Case #: 2:21cv1501, NOS: Insurance - Contract, Categories: Insurance, Fiduciary Duty, Legal Malpractice
J. Rothstein denies summary judgment to the aircraft manufacturer for the aircraft supply store's contract claim alleging that the manufacturer did not pay the store for the design and development of a custom sliding door for the manufacturer's Global 5000 and 6000 aircraft. Although the store's factual allegations are sometimes in conflict with the provided documentation, there are still issues of material fact in dispute as to whether the manufacturer owes cancellation costs for canceled purchase orders under the contract. Discovery with a more complete record may subject this claim to summary judgment.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: July 10, 2023, Case #: 2:22cv01238, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Rothstein finds in favor of the electric company against the Black former material handler's claim that his co-worker created a hostile work environment and that the electric company fired him as retaliation for reporting incidents of race discrimination. Although it is clear that the former material handler and his co-worker did not get along, the former material handler does not present objective evidence that there was a racial motive behind the co-worker's alleged behavior. Even if the events happened as described, the electric company is not liable because it took immediate remedial measures, including moving the co-worker into a different department.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: July 10, 2023, Case #: 2:22cv280, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
J. Rothstein grants partial summary judgment to the insurance company for its claim that it did not breach its duty to defend the insured in an underlying car collision lawsuit that claimed that the insured was at-fault. There is no corroborating evidence that the insurance company knew of the lawsuit's existence until Feb. 18, 2021, so the insurance company has no duty to defend the insured prior to that date.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: July 6, 2023, Case #: 2:21cv1501, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
J. Rothstein denies summary judgment to the family for Phoenix Protective Services' affirmative defense of vicarious liability from the family's lawsuit, which alleges that the state's Department of Children and Families and Phoenix wrongfully put the children in the state's custody. Phoenix's affirmative defense, stating that it is not liable for damages based on its supervisory capacity or role as an employer, stands because there are still material disputes of fact over whether an entity rendering services qualifies as an employee or an independent contractor, and thereafter if those actions are within the scope of employment.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: July 3, 2023, Case #: 2:21cv1263, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government
J. Rothstein denies the protester's motion for a preliminary injunction to bar the city from enforcing the city ordinance under which he was arrested during the annual Seattle PrideFest at the Seattle Center, where he read aloud from a Bible for at least two hours and refused to leave to a safer distance. Freedom of speech is not a "right without responsibility," and while the protester's speech is protected and the city's streets and parks are public forums, the city's police removed the protester because of the increased likelihood of violence or physical altercations between the protester and PrideFest attendees.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: June 22, 2023, Case #: 2:23cv352, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Lgbtq, First Amendment
J. Rothstein dismisses without prejudice the Korean spa's claim that the Washington State Human Rights Committee tried to force it to allow transgender women who have not gone through post-operative sex confirmation surgery to enter "female-only" designated areas where patrons are required to be naked for certain services, in violation of their cultural beliefs. The Korean spa does not allege a plausible free speech or free association violation in a way that overrules Washington's Law Against Discrimination's regulations against discriminatory conduct.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: June 5, 2023, Case #: 2:22cv340, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Business Practices