511 results for 'court:"USDC Western District of Washington"'.
J. King denies Brooks Sports' motion for $1 million in attorney fees for the shoemaker's complaint that Brooks infringed on the shoemaker's patent titled, “Shoe with Cushioning and Speed Enhancement Midsole Components and Method for Construction Thereof.” The counsel's failure to "carry the day" before the Patent Trial and Appeal Board and the shoemaker's failure to obtain and test the accused DNA material does not make this case exceptional, and thus does not justify the request.
Court: USDC Western District of Washington, Judge: King, Filed On: March 31, 2024, Case #: 2:17cv1322, NOS: Patent - Property Rights, Categories: Patent, Attorney Fees
J. Whitehead awards the nonprofit organization $359,100 in attorney fees following a consent decree for its complaint that the state government office enacted hatchery programs that affected the threatened Puget Sound steelhead and did not undergo required review, in violation of the Endangered Species Act. The attorneys' requested rates range from $290 per hour to $700 per hour based on the level of experience, which are reasonable.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 30, 2024, Case #: 2:21cv169, NOS: Environmental Matters - Other Suits, Categories: Environment, Attorney Fees
J. King remands to the arbitrator the food company's complaint that it did not breach the collective bargaining agreements by trying to vacate the award in the unions' favor or by filing an unfair labor practice charge with the National Labor Relations Board. The arbitrator should handle this dispute, because the food company does not cite any evidence that the arbitrator "cannot account for the back pay tolling issue when specifying the proper 'formulae' for implementing the 'make whole' remedy and conducting the back pay calculation on remand."
Court: USDC Western District of Washington, Judge: King, Filed On: March 30, 2024, Case #: 2:19cv1736, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Evidence, Labor
J. Robart grants summary judgment and $874,400 to the trust fund for its complaint that the construction company did not make the required employee benefit contributions. The construction company does not rebut the trust fund's evidence that the former did not make the required contributions when the construction company did not report certain compensable hours for its bargaining unit employees, and that the construction company also overpaid certain contributions during the January 2021 through September 2022 audit period.
Court: USDC Western District of Washington, Judge: Robart, Filed On: March 29, 2024, Case #: 2:22cv799, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa
J. King partially grants the trust funds' motion to compel an audit for their complaint alleging that the glazing work company did not remit reports and fringe benefit contributions to the trust funds for each hour of covered labor performed by its employees. The trust funds sufficiently allege that collective bargaining agreements and trust agreements give them the authority to audit participating employers' payroll records. The glazing work company must submit its payroll and related records to the trusts funds and their auditors, so they can complete an audit in accordance with the CBA and trust agreements.
Court: USDC Western District of Washington, Judge: King, Filed On: March 29, 2024, Case #: 2:22cv1831, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Discovery
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J. Whitehead denies summary judgment to the insurance company against the Insurance Fair Conduct Act claim of the insured's complaint alleging that the insurance company refused to pay her $55,000 owed for her underinsured motorist claim. It is unclear if the insurance company's offer was the result of an adequate investigation, because it is still unclear if the insured's injuries are traceable to the accident with the underinsured motorist.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 29, 2024, Case #: 2:23cv216, NOS: Insurance - Contract, Categories: Insurance, Vehicle
J. Whitehead declines to dismiss Amazon's complaint that the research institute refused to refund Amazon after it did not supply the company with the promised disposable medical gloves. Amazon sufficiently alleges that the research institute's employees and officers are its alter egos, that they knowingly made false promises about the disposable medical gloves, and that some misrepresentations happened before Amazon made the purchase.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 29, 2024, Case #: 2:21cv753, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Rothstein denies Boeing summary judgment on the hostile work environment claim in the employee's complaint alleging that Boeing did not properly investigate his complaint against a manager and did not stop its employees from harassing the employee after he filed a workers’ compensation claim for a “brain/mental/stress” injury. The hostile work environment claim is not time barred because a reasonable jury could consider that the incident with the manager is part of an ongoing hostile work environment.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 29, 2024, Case #: 3:22cv5728, NOS: Employment - Civil Rights, Categories: Employment, Jury
J. Rothstein declines to dismiss the contract claim of the account holder's complaint alleging that the bank did not properly investigate a $140,000 fraudulent withdrawal. The claim survives because each time the bank allowed a fraudulent transfer was a distinct and separate error instead of a collective single error, and the deposit account agreement requires the bank to investigate any discrepancies a customer brings to its intention and to give the account holder a copy of reviewed investigative documents.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 29, 2024, Case #: 3:23cv5698, NOS: Consumer Credit - Other Suits, Categories: Fraud, Consumer Law, Contract
J. Chun grants an injunction to one member of the university's Institutional Animal Care and Use Committee (IACUC) against the university, as the member alleges that the university will otherwise give non-party PETA and other animal rights groups records that associate the member with the IACUC. While other IACUC members involved in this case disclosed their identities, the member in this order did not, and he is not obligated to reveal his identity.
Court: USDC Western District of Washington, Judge: Chun, Filed On: March 29, 2024, Case #: 2:24cv170, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Tsuchida partially denies dismissal of the company owner's complaint that the hacker conference organizer imposed a lifetime ban on him by falsely accusing him of admitting to repeatedly sexually harassing people. The owner alleges sufficient facts to state claims of defamation related to a transparency report announcing his ban and to an update to DefCon's website referring to the owner's behavior.
Court: USDC Western District of Washington, Judge: Tsuchida, Filed On: March 28, 2024, Case #: 2:23cv1932, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Interference With Contract, Jurisdiction
J. Coughenour denies the former insurance agency leader's motion to dismiss the fraudulent inducement claim in the insurance brokerage firm's complaint alleging that the former leader manipulated non-party Rice Insurance Agency's financial records to make it appear more profitable than it was, incentivizing the insurance brokerage firm to invest more than it should have. The insurance brokerage firm plausibly suggests that the former leader did not intend to honor his promises, as one pre-sale email has the former leader instruct an employee to delay recording commission checks so he could present an "earn out" of over 10 times until after the sale closed.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: March 27, 2024, Case #: 2:23cv1468, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Martinez denies the school district's motion to dismiss a First Amendment claim in the former student's complaint alleging that the school district's assistant principal and vice principal coerced the former student into signing a "safety plan" that prevented him from speaking about sexual hazing by a journalism teacher. The former student sufficiently alleges that he participated in constitutionally protected speech, but it is up to a jury to ultimately decide if the former student's intended speech was constitutionally protected or if it falls under an exception, "such as representing a risk of substantial disruption to the school environment or others."
Court: USDC Western District of Washington, Judge: Martinez, Filed On: March 26, 2024, Case #: 2:22cv1140, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Education, First Amendment
J. Settle finds in favor of the Clorox Company against the salesperson's complaint alleging that Clorox fired him because of his age, sex and race, as Clorox hired a 35-year-old white female to replace the 63-year-old white male salesperson. Clorox establishes that the salesperson was not qualified for the position as he was too reliant on a superior to help him, and he did not think strategically enough to maintain a leadership position. Also, the salesperson does not provide enough evidence that Clorox intended to fire him because of his age, sex or race.
Court: USDC Western District of Washington, Judge: Settle, Filed On: March 26, 2024, Case #: 3:22cv5730, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. King awards the employee $2,000 for his complaint that the dentist and the dental practice did not pay him $4,500 in bonuses for when he worked at the dental practice. A $1,000 bonus falls under Washington’s Wage Rebate Act because the employee accepted the dentist's offer to pay a $1,000 bonus, creating a "real promise" to pay the $1,000. Furthermore, because the dentist willfully failed to pay the bonus, the employee is entitled to recover an extra $1,000.
Court: USDC Western District of Washington, Judge: King, Filed On: March 25, 2024, Case #: 3:20cv6173, NOS: Employment - Civil Rights, Categories: Employment
J. Whitehead denies the injured car passenger's request for a ruling stating that funds received for personal injury protection subrogation from an at-fault party "prior to full compensation" are owed to the insured. The passenger "impermissibly seeks a general proclamation about the rights and duties of insureds and insurers without identifying the specific claim, 'or part of each claim,' on which he seeks summary judgment." He also fails to show that the insurer acted deceptively in its handling of the claim.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 25, 2024, Case #: 2:22cv1720, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Lasnik finds that the Kona coffee farmers and sellers proved that Kroger's Kivu Kona blend coffee products did not comply with a settlement agreement at certain stores, so they are entitled to the gross profits received from the bulk sales of those products.
Because Kroger cured the other alleged breaches within 90 days of the notices, no claims can be brought or damages awarded regarding those alleged breaches.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 25, 2024, Case #: 2:19cv290, NOS: Trademark - Property Rights, Categories: Trademark, Enforcement Of Judgments, Class Action
[Consolidated.] J. Chun grants the patients' motion to remand a putative class action alleging that the cancer research institute's negligence allowed hackers to access patient contact information. The institute is based in Washington and the data breach primarily involved Washington patients. Furthermore, three causes of action in the lawsuit are based on Washington statutes and none of the causes of action involve another state's law. Therefore, the discretionary home-state exception to the Class Action Fairness Act applies.
Court: USDC Western District of Washington, Judge: Chun, Filed On: March 22, 2024, Case #: 2:23cv1893, NOS: All Other Real Property - Real Property, Categories: Privacy, Jurisdiction, Class Action
J. Lasnik grants partial summary judgment to the zoo against the animal law advocacy organization's claim that housing brown bears with cheatgrass “harasses” the bears, which is part of the organization's complaint that the zoo violated the Endangered Species Act by possessing and improperly caring for endangered species. The organization does not identify any evidence that would have someone reasonably conclude that the presence of cheatgrass would disrupt a brown bear's normal behavior patterns if it's in its enclosure, at least beyond the cheatgrass getting stuck in the bear's fur.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 22, 2024, Case #: 3:18cv6025, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Animal Cruelty
J. Estudillo dismisses a complaint alleging that the biotech company laid off the employee, who was 63 years old at the time, after he suffered a workplace injury and returned from leave with light duty restrictions. The employee does not present any facts showing a causal link between his Washington Department of Labor and Industries workers' compensation claim and his termination, nor does he present enough facts showing that the biotech company wanted to fire him because of his age.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 21, 2024, Case #: 3:23cv5863, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Zilly denies the debt collector's motion to dismiss the Washington Consumer Protection Act and Washington Collection Agency Act claims in the lease holder's complaint alleging that the debt collector and its employee tried to report a $33,500 debt that the lease holder did not owe for allegedly breaking an apartment lease. The Washington Supreme Court held that a CPA can proceed with an out-of-state plaintiff like the leaseholder if the defendant engaged "in unfair or deceptive acts that directly or indirectly affect the people of Washington," which applies in this case because the debt collector does business in Washington and affects people in Washington.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: March 19, 2024, Case #: 2:22cv1791, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Cartwright denies the video game developer's summary judgment against the video game company's unjust enrichment claim in his complaint alleging that the company refused to pay the developer royalties for the game "7 Days to Die." The unjust enrichment claim currently survives summary judgment, though the developer can address the summary judgment standard since the company clarifies the legal theory underlying its second counterclaim. Both parties are to submit a supplemental brief addressing if the video company presented enough evidence for unjust enrichment.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: March 19, 2024, Case #: 3:22cv5718, NOS: Other Contract - Contract, Categories: Contract
J. King partially denies the labor union's motion to stop the general contractor from deposing Local 174 officer Rick Hicks in the contractor's complaint alleging that the labor union caused monetary damages when it initiated a strike in five of the general contractor's work sites. The labor union argues that Hicks should not be deposed because he is a “high-ranking officer” with the Local 174 and “has no unique, personal knowledge of any fact material to this case that is not also available from a less intrusive source," but the general contractor is entitled to question Hicks about his June 17, 2022 letter encouraging some drivers not to cross the picket lines.
Court: USDC Western District of Washington, Judge: King, Filed On: March 18, 2024, Case #: 2:22cv1631, NOS: Labor/Management Relations - Labor, Categories: Discovery, Labor / Unions
J. Estudillo dismisses Highmark Homes' complaint that the insurance companies must cover the former for construction defects. The Condominium, Apartment, Townhouse or Tract Housing Coverage Limitation Endorsement exclusion of the policy applies, because it precludes coverage if an insured constructed 25 or more homes in a development, which Highmark did in the Vintage Hills development.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 18, 2024, Case #: 3:21cv5280, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Robart denies the computer hardware manufacturer's motion for a temporary restraining order in its complaint alleging that the IT services company refused to return $6.4 million-worth of Bitcoin after it failed to provide sufficient power and energy to the manufacturer's Bitcoin miners. The manufacturer does not show a likelihood of irreparable harm without a temporary restraining order because the evidence shows that the IT services company already agreed to return the manufacturer's high-powered computers, specifically on a "staggered monthly schedule extending through July of this year."
Court: USDC Western District of Washington, Judge: Robart, Filed On: March 18, 2024, Case #: 2:24cv319, NOS: Other Contract - Contract, Categories: Restraining Order, Contract
J. Estudillo dismisses all but one claim in the consumers' class action accusing Zoom Technologies of selling their personal information without consent. The consumers lack standing to pursue their Wiretap Act and Stored Communications Act claims. Their California Invasion of Privacy Act claim survives because the consumers adequately allege that the interception of their data took place in real time. However, because this is the only remaining claim, the consumers must show cause as to whether this claim meets the Class Action Fairness Act's requirements for this court to maintain jurisdiction.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 15, 2024, Case #: 3:22cv5453, NOS: Other Fraud - Torts - Personal Property, Categories: Communications, Privacy, Class Action