67 results for 'court:"USDC Eastern District of Washington"'.
J. Rice grants FedEx's motion to compel arbitration regarding the business owner's claim that FedEx's station manager made racially derogatory comments about people of color, including the business owner, and that FedEx did not provide loading assistance to the business and its drivers, which caused packages to not arrive on time. The Transportation Worker Exemption does not apply to the business or its owner because the original contract was signed between two corporate entities, FedEx and the business. Neither the business nor its owner qualifies as a worker.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: July 19, 2023, Case #: 2:23cv95, NOS: Other Civil Rights - Civil Rights, Categories: Arbitration, Civil Rights, Contract
J. Rice partially grants class certification for the package driver's claim that UPS did not comply with the Uniformed Services Employment and Reemployment Rights Act when it did not compensate his short-term leaves, which he took as part of his obligations to the Army Reserve. The driver sufficiently identifies common questions of law and fact involving himself and other package drivers, such as how non-military leave is not comparable to military leave under USERRA for those who require it.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: July 5, 2023, Case #: 2:21cv114, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Military, Class Action
J. Bastian finds in favor of the environmental organization for its claim against the government agency's 2019 adoption of a forest management plan for the Colville National Forest, which will open 63% of the Colville National Forest to logging. The U.S. Forest Service violated the National Forest Management Act by not adequately explaining how the 2019 forest plan maintains the viability of old-growth dependent species, because the agency did not demonstrate how its data and methodology reliably and accurately supported this argument, and it did not provide a meaningful assessment of the amount and quality of old-growth habitat.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: June 21, 2023, Case #: 2:21cv161, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Environment, Agency
J. Rice approves of the consent decree between the environmental organization and the non-profit organization regarding the environmental organization's claim that the non-profit organization, in violation of the Solid Waste Disposal Act, stored manure in inadequately lined storage lagoons that contaminated the groundwater. Among other stipulations, the non-profit organization must empty three lagoons used for manure storage by Aug. 1, 2023 for Lagoons 1 and 2 and by Sep. 30, 2024 for Lagoon 4.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: June 20, 2023, Case #: 1:19cv3110, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Dimke denies partial summary judgment to the National Guard member for his claim that the consumer loan company's employee did not properly transfer the house's mortgage to another customer, resulting in the other customer holding the house's title while the National Guard member is stuck with the mortgage. While there is clear evidence of miscommunication between the parties, such as emails indicating that “the mortgage is tied to the home,” there is not enough evidence to indicate if this was a simple miscommunication or if the consumer loan company's employee deliberately gave bad advice. The National Guard member and the consumer loan company shall file a joint status report and a joint proposed scheduling order on or before June 21, 2023.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: June 7, 2023, Case #: 2:22cv105, NOS: Other Contract - Contract, Categories: Business Practices, Contract
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J. Bastian grants a motion for an injunction against the ranch co-owner for defrauding Tyson Fresh Meats of $233 million in fabricated invoices for reimbursement for cattle and feed. The ranch co-owner is permanently restrained, enjoined and prohibited from trading on or being subject to the rules of any registered entity, entering transactions involving "commodity interests" and other restrictions.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: June 5, 2023, Case #: 4:21cv5050, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Injunction
J. Dimke dismisses the family's lawsuit alleging that the city's paramedics' negligent administration of epinephrine via IV to the asthma-suffering decedent caused a seizure that exacerbated his severe asthma attack, causing the decedent to die 18 days later. Although the paramedics did not explicitly document their deviations from protocol, such as not calling the hospital before administering IV epinephrine, they acted according to their observations and training to aid their patient under the supervision of a trained doctor, and thus acted with "slight care" that negates the family's negligence claim.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: June 2, 2023, Case #: 4:19cv5038, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence