511 results for 'court:"USDC Western District of Washington"'.
J. Lasnik orders Washington Secretary of State Steve Hobbs to conduct future elections according to a new remedial map, following a dispute over district boundaries that allegedly diluted the Latino community's voting power. The new map "provides Latino voters with an equal opportunity to elect candidates of their choice to the state legislature" and "keeps the vast majority of the lands that are of interest to the Yakama Nation together."
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 15, 2024, Case #: 3:22cv5035, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
J. Martinez mostly declines to dismiss the consumers' complaint alleging that Amazon overcharged them by claiming that it sold them digital content when Amazon was actually only licensing the digital content. The consumers have sufficiently alleged that they were injured by overpaying for a purchase they would not have paid for if they knew they were only purchasing a limited license. Furthermore, Amazon's use of the word "buy" regarding the digital content could be materially misleading to a reasonable consumer.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: March 15, 2024, Case #: 2:22cv401, NOS: All Other Real Property - Real Property, Categories: Fraud, Consumer Law, Contract
J. Chun dismisses with prejudice the consumers' second amended complaint accusing Amazon of putting products by sellers who purchased Amazon fulfillment services higher in searches and featuring them in its "Buy Box" more often than sellers that did not purchase the fulfillment services. The consumers allege that Amazon injured them with anti-competitive behavior because the consumers paid higher prices for products through Amazon's marketplace, but the consumers do not allege that they paid more for their Amazon Prime membership or that they paid more for shipping, so they do not allege that they suffered anti-trust injury in the shipping market.
Court: USDC Western District of Washington, Judge: Chun, Filed On: March 13, 2024, Case #: 2:21cv996, NOS: Antitrust - Other Suits, Categories: Antitrust
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J. Zilly awards the consumer $3,900 in damages for his purchase of the ASC service contract and $182 for the Gateway Auto Repair emissions repairs for the consumer's lawsuit accusing the car dealer of selling vehicles with illegally altered emission controls. The consumer proves that he suffered both an “injury” and actual damages under the Consumer Protection Act because the car dealer did not disclose that the vehicle had a tampered turbocharger, tampered airbox and lacked VECI sticker constitute.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: March 13, 2024, Case #: 2:20cv1616, NOS: Other Contract - Contract, Categories: Damages, Consumer Law, Contract
J. Estudillo denies the prison healthcare service's motion to exclude the inmate's expert, Dr. Isabel Hujoel, from testifying in his lawsuit alleging that the county and Nashville healthcare company did not accommodate his celiac disease while he was in custody. Dr. Hujoel is well qualified because she is a gastroenterologist who specializes in celiac disease, and her report focuses on how the inmate suffered “acute injury and distress” due to the lack of a gluten-free diet; she does not testify as to monetary or economic damages.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 11, 2024, Case #: 3:20cv6106, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Experts, Discovery
J. Lin dismisses a contract claim in the water product company's complaint alleging that the oil field equipment supplier did not pay what it owed under a distributor agreement and sold counterfeit versions of the water product company's project after the latter ended the agreement. The water product company terminated the agreement instead of affirming and enforcing it through a damages or relief lawsuit, and because the agreement ended, the oil field equipment supplier did not have a duty of non-competition.
Court: USDC Western District of Washington, Judge: Lin, Filed On: March 11, 2024, Case #: 2:23cv1317, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Property, Contract
J. Friske dismisses the apparel manufacturing and wholesale distribution business's complaint that Nordstrom canceled purchase orders with the business because Nordstrom believed that it violated the forced labor provisions of their agreement in regards to a factory in Southeast Asia. A plain reading of the contract shows that Nordstrom had the power to refuse delivery if it had a reason to believe that the business utilized any involuntary labor, engaged with a sanctioned person or territory, or produced and processed merchandise that violated the contract standards.
Court: USDC Western District of Washington, Judge: Friske, Filed On: March 11, 2024, Case #: 2:23cv1754, NOS: Other Contract - Contract, Categories: Sanctions, Contract, Labor
J. Settle blocks the state of Washington from enforcing most sections of a law aimed at regulating private for-profit immigration detention facilities. HB 1470, which required a slew of rules and regulations for private detention facilities, violates the supremacy clause because it imposed a burden on the Northwest Detention Center that did not apply to any other facility in the state. Only Section 4 of the law, which does not apply to any contract signed before Jan. 1, 2023, remains in place while the rest is blocked by a preliminary injunction.
Court: USDC Western District of Washington, Judge: Settle, Filed On: March 8, 2024, Case #: 3:23cv5626, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Jurisdiction, Injunction
J. Rothstein finds in favor of the social worker against the family's complaint alleging that the state removed the children from the parents' custody by wrongfully representing the parents as violent. The family does not provide any evidence that the social worker was a supervisor or that she personally took any action that deprived them of their rights, so they do not prove that any of her actions led to the neglect or abuse of the children in foster care.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 7, 2024, Case #: 2:21cv1263, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Family Law
J. Estudillo sets definitions to terms in the software company's complaint alleging that Amazon infringed on 10 of the former's patents. The term "output manager software" and the disputed function terms are not subject to additional construction, because the software company identifies output manager software that can perform the functions identified in the disputed claim limitation, and thus an ordinary person could understand that output manager software has a sufficiently definite meaning as the name for structure.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 5, 2024, Case #: 2:21cv1055, NOS: Patent - Property Rights, Categories: Patent
J. Cartwright grants the travel bag company statutory damages that are three times the aggregate sales of the counterfeit products that each of the sellers made by selling those unauthorized products on Amazon. The travel bag company shows that it owns the trademark associated with childcare travel accessories at issue and that the sellers advertised and sold the counterfeit products that confused customers into believing that they were buying genuine products.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: March 4, 2024, Case #: 2:20cv1215, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Rothstein denies the Child Protective Services investigator summary judgment on a negligent investigation claim in the family's complaint alleging that the state removed the children from the parents' custody by wrongfully representing the parents as violent. The family claims that the CPS investigator did not meet with the father and did not conduct domestic violence screening. Deciding the reasonability of her investigation is better left for a jury to decide.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 4, 2024, Case #: 2:21cv1263, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Family Law, Jury
J. Jones grants a former employee’s motion for a protective order in this employment dispute brought against the city and its light department regarding religious discrimination. The employee alleges she was fired after her supervisor refused to accommodate religious exemption requests for the state’s Covid-19 vaccine requirement. The city then requested school records of the employee’s minor child, and she argues the records are beyond the scope of litigation and the minor child’s privacy should be protected. Therefore, the parties shall redact the child’s name and birthdate and use initials only. The court grants the city’s motion to compel for the former employee to answer each deficient interrogatory and request for production.
Court: USDC Western District of Washington, Judge: Jones, Filed On: March 1, 2024, Case #: 2:22cv1668, NOS: Employment - Civil Rights, Categories: Privacy, Discovery, Employment Discrimination
J. Christel grants a software builder’s motion for partial summary judgment copyright claims brought by the owner of a managing and aligning chart that was allegedly copied without permission. The evidence shows that the aligning chart was not similar to the owner’s chart, but there is an issue of material fact regarding the owner has a valid copyright regarding the managing chart. Therefore, the owner’s motion for summary judgment is denied.
Court: USDC Western District of Washington, Judge: Christel, Filed On: March 1, 2024, Case #: 2:19cv1458, NOS: Copyrights - Property Rights, Categories: Copyright
J. Peachman grants the school district’s counter-claim motion for summary judgment in this case brought by the parents of a minor child. The parent alleged that the school failed to provide a free appropriate public education, failed to address all of his disabilities and develop an education plan to help the child succeed academically. The court reverses an administrative law judge decision in awarding reimbursement to the parents for private placement and other cost.
Court: USDC Western District of Washington, Judge: Peachman, Filed On: March 1, 2024, Case #: 2:23cv191, NOS: Education - Civil Rights, Categories: Ada / Rehabilitation Act, Education
J. Lin grants, in part, default judgment in this fraud and negligent misrepresentation claims brought by the SEC against promoters of a cryptocurrency, finding one of the promoters violated the Securities Exchange Act. Therefore, he is permanently restrained and enjoined from any further violations, and he is liable for disgorgement. The SEC’s request for prejudgment interest is denied, but it may enforce the judgement for disgorgement and civil penalties.
Court: USDC Western District of Washington, Judge: Lin, Filed On: March 1, 2024, Case #: 2:22cv1009, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Enforcement Of Judgments
J. Settle grants the insurance company summary judgment against bad faith, Insurance Fair Conduct Act and Washington Consumer Act claims in the nonprofit corporation's complaint that the insurance company wrongfully refused to defend the nonprofit in an underlying lawsuit. The insurance company has no duty to defend the nonprofit because the potential of a warrant of abatement and the cost of permits to continue using the property as a shooting range do not qualify as damages under the insurance policies.
Court: USDC Western District of Washington, Judge: Settle, Filed On: February 29, 2024, Case #: 3:11cv5021, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract
J. Pechman declines to dismiss the non-Washington class members from the consumers' class action accusing the health insurance provider of violating the Telephone Consumer Protection Act by using an artificial pre-recorded voice to call cell phones without prior consent. The healthcare insurance provider argues that this court does not have personal jurisdiction over the non-Washington class members' claims, but the Supreme Court already decided that a court can exercise jurisdiction over absent class action plaintiffs because mass actions generally do not and cannot meet all the requirements under Federal Rule of Civil Procedure 23.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 29, 2024, Case #: 2:19cv175, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Jurisdiction, Class Action
J. King dismisses the homeowners' complaint alleging that the bank is not allowed to sell their home because the homeowners never signed the loan securing note and thus the later foreclosure sale on their property was “bogus.” The homeowners already raised this claim in prior litigation, which was rejected, and they claim that their debt was forgiven in 2006 despite there being no evidence of that.
Court: USDC Western District of Washington, Judge: King, Filed On: February 28, 2024, Case #: 2:23cv1801, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, Foreclosure
J. Rothstein dismisses the property manager's complaint alleging that the insurance company wrongfully denied the property manager's damage claim regarding Covid-19 infesting the Washington State Convention Center. The property manager is not entitled to coverage because the Washington Supreme Court already concluded that a loss of functionality only occurs when the property is physically affected, not when the property manager could not conduct normal business.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: February 27, 2024, Case #: 2:23cv1386, NOS: Insurance - Contract, Categories: Insurance, Property, Covid-19
J. Whitehead dismisses the pharmaceutical company's attempt to vacate, modify or correct the $310,000 arbitration award in the former employee's favor after the pharmaceutical company fired her without notice. This court does not have jurisdiction over the former employee because she is a Minnesota citizen who had Minneapolis listed as her primary location and who did not have “continuous and systematic” contacts with Washington during her employment.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: February 27, 2024, Case #: 2:23cv700, NOS: Other Contract - Contract, Categories: Arbitration, Jurisdiction, Contract
J. Robart grants the widower's motion for sanctions in his complaint alleging that the advertising agency and the radio program host used the copyrighted works of the widower's deceased wife, who was an author and media personality, without permission. The radio program host did not answer the widower's discovery requests for 11 months, and their counsel only said that the radio program host simply missed the electronic service, which is not an adequate response.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 26, 2024, Case #: 3:22cv5238, NOS: Copyrights - Property Rights, Categories: Copyright, Sanctions, Discovery