68 results for 'judge:"Simon"'.
J. Simon grants the agricultural chemical company $25,300 in attorney fees and $1,000 in costs following its successful lawsuit asserting that the farm supplies company owes the agricultural chemical company $909,300 for agricultural and turf chemical products provided. The agricultural chemical company requests $27,100 in attorney fees, but while the counsel and paralegals' hourly rates are reasonable, nearly all of the agricultural chemical company's time entries are block-billed and some include purely clerical tasks.
Court: USDC Oregon, Judge: Simon, Filed On: January 4, 2024, Case #: 2:22cv581, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Simon rules in part for defendants in civil rights claims because state law does not allow Lake County to elect its own superior court judges; however, the appointment process from the governor does not violate federal voting law. Meanwhile, the court lacks jurisdiction to make a decision on the merits of the remaining claims, which contend the judicial appointment process violates Indiana law.
Court: USDC Northern District of Indiana, Judge: Simon, Filed On: January 4, 2024, Case #: 2:21cv160, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Government, Jurisdiction
J. Simon dismisses claims against the jail healthcare company and a registered nurse for allegedly failing to provide a detainee with adequate medical or mental health care, leading to his death by suicide. Decedent's advocate does not sufficiently allege how the healthcare company denied adequate medical services in a way that caused the detainee's death, nor does the advocate show what policies the registered nurse was supposed to implement in this matter.
Court: USDC Oregon, Judge: Simon, Filed On: January 3, 2024, Case #: 3:23cv911, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Wrongful Death
J. Simon denies the monitoring service's motion for summary judgment against the website's complaint asserting that the monitoring service enacted a conspiracy with the National Association of Boards of Pharmacy, the Alliance for Safe Online Pharmacies and the Center for Safe Internet Pharmacies Ltd. to restrain market competition for online pharmacy verification services and comparative drug pricing information. The monitoring service argues that the website would have suffered the same injury it alleges from enforcement agencies without the service's conduct due to the website's own alleged illegal activity. However, the monitoring service has failed to put forth sufficient evidence of real or threatened law enforcement activity.
Court: USDC Oregon, Judge: Simon, Filed On: January 3, 2024, Case #: 3:22cv252, NOS: Antitrust - Other Suits, Categories: Antitrust, Evidence
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J. Simon grants the electronics manufacturer's motion for an ex parte temporary restraining order for its lawsuit accusing the business owner of selling models of self-balancing electric skateboards branded as "Floatwheel Adv" and "Floatwheel Adv Pro" that directly infringe on the manufacturer's patents. Without an ex parte temporary restraining order, the electronics manufacturer will suffer immediate and irreparable injury to its market share and consumer goodwill because the business owner will continue to sell the infringing products into the 2023 holiday shopping season.
Court: USDC Oregon, Judge: Simon, Filed On: December 15, 2023, Case #: 3:23cv1742, NOS: Patent - Property Rights, Categories: Patent, Restraining Order
J. Simon declines to dismiss all but the first of the nonprofit organization's claims alleging that then-Secretary of the Interior David Bernhardt wrongfully granted Hammond Ranches a new grazing permit on four allotments in southeastern Oregon despite two of the ranch owners and operators' convictions for deliberately setting public lands on fire. The Secretary's new evidence does not sufficiently show that the nonprofit organization's fears of future fires being set are unfounded.
Court: USDC Western District of Washington, Judge: Simon, Filed On: December 4, 2023, Case #: 2:21cv297, NOS: Environmental Matters - Other Suits, Categories: Environment, Evidence
J. Simon denies the city's motion to dismiss the social justice organization's complaint accusing the City of Portland, Prosper Portland and Legacy Emanuel Hospital and Health Center of wrongfully displacing Black communities in Central Albina from their homes from the 1950s to the 1970s. The city argues that dismissal is justified because the social justice organization lacks standing, but the social justice organization formed to learn about the history of Central Albina and the city's actions allegedly frustrate that mission. Furthermore, its members are made up of survivors or descendants of those who were displaced for an ultimately incomplete project.
Court: USDC Oregon, Judge: Simon, Filed On: December 1, 2023, Case #: 3:22cv1896, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Simon denies an ex-husband’s motion to dismiss, for lack of subject-matter jurisdiction, a legal dispute stemming from a “messy divorce.” The fact that this case stems from a divorce proceeding is not alone enough to trigger the “domestic relations exception,” nor is this case barred by the principle of res judicata.
Court: USDC Northern District of Indiana, Judge: Simon, Filed On: November 21, 2023, Case #: 2:22cv145, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Tort, Jurisdiction
J. Simon denies the majority shareholders' motion to dismiss the minority shareholder's complaint that the majority shareholders breached their fiduciary duties to him as a minority shareholder of PPV Inc. The majority shareholders claim that the minority shareholder could have brought up his fiduciary duty claim during a prior bankruptcy proceeding, but the bankruptcy court already concluded that it did not have jurisdiction over that claim, and the majority shareholders do not have an argument for why the bankruptcy court would have jurisdiction.
Court: USDC Oregon, Judge: Simon, Filed On: November 21, 2023, Case #: 3:23cv526, NOS: Stockholders’ Suits - Contract, Categories: Bankruptcy, Fiduciary Duty, Jurisdiction
J. Simon grants partial summary judgment to the university against the pharmacy school coordinator's first set of claims under federal and state law for discrimination, retaliation and wrongful termination under her complaint alleging that the university fired her because she took medical leave. The coordinator's does not show a causal link between the September 2018 phone calls, in which the coordinator told the university's general counsel and associate vice president of Human Resources that the coordinator was a victim of sexism, to her termination on Feb 19, 2020.
Court: USDC Oregon, Judge: Simon, Filed On: November 13, 2023, Case #: 3:21cv991, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
J. Simon denies FedEx summary judgment as to the sales representative's age discrimination claim alleging that FedEx fired her because she is 65 years old. The sales representative presents sufficient circumstantial evidence of age discrimination, which includes how FedEx fired her in favor of a 26-year-old candidate and that the regional managing director “often spoke about how FedEx’s pension plans for older employees cost the company a lot of money.”
Court: USDC Oregon, Judge: Simon, Filed On: November 9, 2023, Case #: 3:22cv1217, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
J. Simon denies summary judgment to the semiconductor supplier on Apex Micro Manufacturing's negligence claim in the shareholders' lawsuit alleging that that the supplier did not properly inform the shareholders about the export-controlled status of integrated circuits. The supplier had a contractual relationship with Apex in which the former provided the latter with export control information, and the shareholders sufficiently allege their negligence claim because this relationship meant that Apex could not test the semiconductors to see if they were case or temperature related, thus it had to rely on the supplier's datasheets.
Court: USDC Oregon, Judge: Simon, Filed On: November 1, 2023, Case #: 3:19cv86 , NOS: Other Statutory Actions - Other Suits, Categories: Trademark, Contract
J. Simon awards the landlord an additional $1.5 million in damages for expenses related to installing a second freight elevator, repairing the plumbing on the upper floors and repairing the air conditioning on the third floor, which relates to Ross' complaint that the landlord refused to authorize Ross' construction plans to separate the basement of two downtown Portland buildings with a dividing wall. Oregon's economic waste doctrine applies to the landlord's "hard cost" claims, because in the trial it presented persuasive evidence that its "general contractor costs" of 31.5% hard costs plus "soft costs" of 16% hard costs.
Court: USDC Oregon, Judge: Simon, Filed On: September 29, 2023, Case #: 3:14cv1971, NOS: All Other Real Property - Real Property, Categories: Evidence, Property, Damages
J. Simon declines to dismiss the mother's negligence claim alleging that the substance abuse center was negligent in allowing her to sleep with her infant son, who was crushed to death by her weight as a result. The negligence claim can proceed because it is focused on the implementation of the center's policies and resource allocations, which are generally the subject of the discretionary function exception of the Federal Tort Claims Act that is significant in this case.
Court: USDC Oregon, Judge: Simon, Filed On: September 25, 2023, Case #: 3:21cv1525, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Negligence, Wrongful Death
J. Simon declines to dismiss the registered nurse's religious discrimination claim as part of her complaint alleging that the university denied her a religious exemption for the Covid-19 vaccine, eventually resulting in her termination. The university's arguments against the registered nurse's undue hardship claim must wait for summary judgment, because it is an affirmative defense that has yet to be proven or disproven.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:23cv77, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Simon dismisses the healthcare professionals' hostile work environment and wrongful termination claims alleging that the multispecialty group practice and others wrongfully denied them reasonable accommodations and exemptions from the Covid-19 vaccine mandate. The healthcare professionals allege that the group practice's staff made negative comments about the professionals' unvaccinated status, but an unvaccinated status may be a secular choice and the healthcare professionals do not sufficiently prove that it is a distinctly religious one.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:22cv986, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Simon dismisses the former employee's religious discrimination claim from her complaint alleging that the university denied her a religious exemption from the Covid-19 vaccine, leading to her termination. The former employee does not provide authority to support her argument that the university's process to evaluate religious exemptions is discriminatory or that it is intended to convince employees that their religious beliefs are insincere.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:22cv1250, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Simon reverses the insurance company's determination that the insured was not disabled as of March 25, 2020, which the insured claims resulted in the denial of her long-term disability benefits. The insured's test results show that her memory functioning was greatly impaired and the the Social Security Administration found the insured to be disabled, so the insurance company must reinstate the insured's benefits from March 25, 2020 through June 4, 2021, which is the remainder of the 24-month "own occupation" period of her long-term disability plan.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:21cv1019, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, Insurance