511 results for 'court:"USDC Western District of Washington"'.
J. Martinez declines to dismiss the claims under Oregon’s Unlawful Trade Practices Act and California’s Unfair Competition Law in the consumers' class action claiming that Amazon prevented them from unsubscribing from Audible and other Amazon services with overly complex cancellation procedures and by not explaining the terms of its automatic renewal programs. The consumers prove their prime facie case because the states' automatic renewal laws require businesses to give consumers a “timely, and easy to-use-mechanism for cancellation” in the acknowledgements, and the consumers show multiple instances where they struggled to cancel their subscriptions either by phone or online.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: February 26, 2024, Case #: 2:22cv910, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Lin awards Dutch Blitz Acquisition $193,200 in statutory damages in its and Amazon's complaint that the sellers sold counterfeits of Dutch Blitz's products on Amazon's website. The award is appropriate, because the sellers intentionally sold counterfeit versions of Dutch Blitz's products and misused its trademarks, thus depriving Dutch Blitz of sales and causing customer confusion.
Court: USDC Western District of Washington, Judge: Lin, Filed On: February 26, 2024, Case #: 2:21cv159, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Robart declines to dismiss the Washington Consumer Protection Act claim in the timeshare owners' class action alleging that Happy Hour Media Group did not truly assist them in "exiting" their timeshare obligations in various resort properties. False advertising can be an unfair or deceptive practice under the WCPA, and the timeshare owners sufficiently allege that Happy Hour knowingly provided false information when promoting Reed Hein & Associates, because Happy Hour “drafted advertising and marketing content used by” Reed Hein and Lampo Group.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 23, 2024, Case #: 2:23cv630, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
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[Consolidated.] J. Whitehead grants the customer's motion to appoint interim class counsel for her claim that Amazon charged its customers for their returned items in violation of its own refund terms and exchange policies. The law firms Terrell Marshall Law Group, George Feldman McDonald, Quinn Emanuel Urquhart & Sullivan and Zigler Law Group will become the interim co-lead counsel, because all of them have extensive experience with consumer class actions, including against Amazon, and there is no suggestion that either team would not devote all necessary resources to fully pursue this case on behalf of their clients.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: February 22, 2024, Case #: 2:23cv1372, NOS: Other Contract - Contract, Categories: Class Action, Contract
J. Pechman grants the customers' unopposed renewed motion for preliminary approval of a $2.45 million settlement for their class action accusing the consumer debt collector of not taking adequate measures to protect the customers' sensitive data from a data breach. Class members may seek up to $1,500 for ordinary out-of-pocket expenses related to the data breach or up to $10,000 for extraordinary expenses.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 20, 2024, Case #: 2:22cv1558, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Settlements, Privacy, Class Action
J. Estudillo remands the hourly employee's class action alleging that the healthcare company did not provide meal and rest periods, did not pay overtime and withheld wages. The healthcare company does not present enough evidence to prove that the employee claims that it violated Washington law 60% of the time. A 20% violation rate is more reasonable in this case based on the evidence presented, including the fact that the employee uses phrases like "at times," which implies that the alleged illegal practices did not happen consistently. Based on this 20% rate, the potential damages do not meet the $75,000 jurisdictional minimum.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: February 20, 2024, Case #: 3:23cv5892, NOS: Other Labor Litigation - Labor, Categories: Employment, Jurisdiction, Class Action
J. Coughenour grants partial summary judgment to the tribe for its complaint that the electric utility company and others illegally took endangered fish as part of their electron hydroelectric project on the Puyallup River. The electric utility company's rock dam is an unpermitted take because it accelerates water which attracts upstream migrating endangered fish to the structure and away from the purpose-built fish ladder. The electric utility company and others are to apply for the necessary permits within 10 days of this order, and they are to remove a sufficient portion of the rock dam during the summer of 2024 in-water work season for the volitional upstream fish passage by Sep. 15, 2024.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: February 16, 2024, Case #: 2:20cv1864, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Pechman denies Nationstar Mortgage's motion for summary judgment against the consumer's complaint that it did not remove inaccurate information about delinquent payments due on a loan in the consumer's credit report, which are solely his ex-wife's responsibility. The consumer sufficiently alleges that Nationstar owed him a duty to make a more accurate report acknowledging that his ex-wife was entirely responsible for repaying the loan.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 15, 2024, Case #: 3:22cv5840, NOS: Consumer Credit - Other Suits, Categories: Consumer Law
J. Lin denies the debt collection agency summary judgment against the patient's complaint alleging that the debt collection agency sought a default judgment for medical debt that the patient did not owe. The debt collection agency argues that the patient cannot establish an injury because the underlying default judgment against her cannot be vacated as a final judgment, but the debt collection agency does not provide a legal authority to support its argument.
Court: USDC Western District of Washington, Judge: Lin, Filed On: February 15, 2024, Case #: 2:22cv255, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Estudillo compels arbitration in the port's lawsuit seeking the enforcement of the arbitration award ordering the railway company to discontinue bringing unauthorized cars onto the port's property. Among other reasons, the arbitration is ambiguous because the panel's expectations and suggestions on what the railway company could do is not the same as concrete instructions, so judicial interpretation is inappropriate at this time.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: February 15, 2024, Case #: 3:23cv5560, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Arbitration, Property, Contract
J. Estudillo dismisses the homeowner's complaint alleging that the officer repeatedly punched the homeowner in the face while he was handcuffed to the point that he needed to go to the hospital for his injured eye, and then the officers arrested the homeowner once he left the hospital. Among other deficiencies, the homeowner recites his causes of action without specifying any actual policies, practices or customs that violated his rights during the police encounter.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: February 15, 2024, Case #: 3:23cv5782, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Zilly defers the investors' proposed notices and claim form as part of their unopposed renewed motion for preliminary approval of a proposed settlement for their class action, which alleges that the pharma company made misleading claims about its registration statement. The investors and the pharma company are to craft a suitable opt-out form, which they will include with the notice to putative class members that is available for download from the settlement administrator's website.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: February 15, 2024, Case #: 2:21cv861, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Settlements, Securities, Class Action
J. Jones grants the consent decree between the nonprofit organization and the city regarding the former's complaint that the latter violated multiple provisions of its National Pollutant Discharge Elimination System permit. Among other stipulations, the city agrees to collect industrial stormwater samples, depending on weather patterns.
Court: USDC Western District of Washington, Judge: Jones, Filed On: February 15, 2024, Case #: 2:23cv756, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements, Water
J. Evanson denies the insurance company's motion for summary judgment on the passenger's Insurance Fair Conduct Act claim in her lawsuit alleging that the insurance company must provide additional coverage related to an accident caused by another driver while she rode in a vehicle covered by the insurance company. Washington courts do not yet agree on whether an IFCA claim can survive if an insurer has paid to the policy limits, though two cases in Washington appellate courts are debating this topic.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: February 14, 2024, Case #: 2:22cv1561, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Coughenour grants the employee summary judgment on the categorization of the Achievement Based Compensation plan of her class action accusing Xerox of not paying the employee's overtime wages. Xerox disputing the ABC plan's proper categorization does not account for multiple prior court rulings, including those that qualify the employee and others as hourly employees, so the ABC plan cannot be categorized as anything other than hourly pay.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: February 13, 2024, Case #: 2:12cv717, NOS: Other Contract - Contract, Categories: Employment, Class Action, Contract
J. King denies the retail company's motion to compel arbitration in the customer's class action accusing the retail company of using fake time-limited discount offers. The retail company's arbitration clause contains a carveout provision for actions that seek injunctive relief, so the customer's suit falls outside the scope of the arbitration agreement. However, because a forum selection clause is also contained in the carveout provision, the parties must show cause within 21 days as to why the case should not be transferred to the Southern District of California.
Court: USDC Western District of Washington, Judge: King, Filed On: February 13, 2024, Case #: 2:23cv408, NOS: Other Contract - Contract, Categories: Arbitration, Class Action, Contract
J. Robart dismisses Amazon's false advertising claim accusing the listed seller of selling counterfeit Nite Ize STEELIE products on Amazon's platform by using both his own name and several pseudonyms. Amazon does not plausibly allege that the listed seller is liable under this claim, because Amazon does not allege that the listed seller made false statements in their commercial advertisements to influence consumers or to compete with Amazon.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 12, 2024, Case #: 2:19cv990, NOS: Trademark - Property Rights, Categories: Trademark, False Advertising
J. Cartwright partially grants the Connecticut insurance company summary judgment against the New York insurance company's complaint that it has no duty to defend a third party in an underlying lawsuit, even as the Connecticut insurance company argues that the New York insurance company does not have a claim to any defense cost reimbursement. Previous Washington courts found that insurers can share defense costs equally, and the New York insurance company does not have a right to claim reimbursements for its defense costs because it was obligated to do so concurrently with the Connecticut insurance company.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: February 9, 2024, Case #: 2:22cv1114, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. King finds in partial favor of the county against the gas company's complaint that the county stopped accepting the plant condensate, a byproduct of its landfill gas conversion process, resulting in the closure of the gas company's landfill gas processing plant. The gas company argues that the plant condensate eventually makes its way to Puget Sound so the gas company's operations are subject to a Clean Water Act permit, but the plant condensate goes through a complicated process before reaching Puget Sound without traveling through a non-point source like the groundwater in the cited "County of Maui" to navigable waters.
Court: USDC Western District of Washington, Judge: King, Filed On: February 9, 2024, Case #: 2:23cv542, NOS: Other Contract - Contract, Categories: Environment, Water, Contract
J. Pechman awards the insured $49,500 in attorney fees for their complaint that the insurance company wrongfully denied the minor rehabilitation services without a full and fair review. The insurance company's bad faith and culpability warrants attorney fees, because while the insurance company argues that it only needs to show that the insurance company had a reasonable basis to deny coverage to qualify as good faith, this argument misreads the court's order on cross-motions and relies on two inapplicable 9th Circuit cases.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 9, 2024, Case #: 2:22cv1517, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Attorney Fees
J. Robart grants the driver's motion to remand his complaint alleging that the insurance company must pay more than the offered $600,000 to settle their underlying lawsuit involving a car collision. The insurance company argues that its client's citizenship should be ignored because she is a nominal party or was fraudulently joined, but neither issue provides an exception to the one-year deadline for removal that the insurance company missed.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 7, 2024, Case #: 2:23cv1642, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Contract
J. Martinez finds in favor of the insurance company for its complaint alleging that it is not required to defend the construction company in an underlying lawsuit, in which a former employee claims that he was hurt while constructing a stormwater detention vault for a new residential subdivision. The residential construction exclusion of the policy applies, because the work at the center of the underlying lawsuit occurred on infrastructure in connection to residential construction as defined by the policy.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: February 2, 2024, Case #: 2:22cv1454, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Whitehead grants Microsoft leave to amend its invalidity contentions against 53 of the computer consulting company's 54 claims that Microsoft wrongfully uses the computer consulting company's patented technology connected to systems and techniques for archiving and restoring files within its file hosting service "Microsoft OneDrive." The computer consulting company will not face undue prejudice if Microsoft amends its invalidity contentions, because Microsoft did not act in bad faith and any alleged prejudice can be cured with an amended case schedule.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: February 2, 2024, Case #: 2:22cv1545, NOS: Patent - Property Rights, Categories: Patent, Technology