220 results for 'court:"USDC Arizona"'.
J. Campbell grants a County's motion for summary judgment concerning a mining company's claims that it issued it a permit that contained outdated flow rates, and then refused to review a report completed by a hydrologist, which cost it upwards of $8 million for complying with "unnecessary stabilization demands." However, the County sufficiently showed that the claims are time-barred under the statute of limitations.
Court: USDC Arizona, Judge: Campbell, Filed On: August 24, 2023, Case #: 2:21cv1875, NOS: Other Civil Rights - Civil Rights, Categories: Construction, Energy, Contract
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J. Zipps grants the U.S. Fish and Wildlife Service's motion for summary judgment concerning an environmental group's demand that it protect the Tucson shovel- nosed snake in accordance under the Endangered Species Act. The U.S. Fish and Wildlife Service sufficiently showed in court that group's petition failed to provide a new alternative range for the snake breed in question.
Court: USDC Arizona, Judge: Zipps, Filed On: August 23, 2023, Case #: 4:22cv286, NOS: Environmental Matters - Other Suits, Categories: Environment, Government
J. Campbell rules a physician may pursue defamation claims against a former patient. The physician, who had at least one sexual encounter with the patient, sufficiently showed that she "embarked on a years- long campaign of harassment" against him and his wife, and then repeatedly threatened him via text messages and phone calls, as well as reaching out to members of his congregation.
Court: USDC Arizona, Judge: Campbell, Filed On: August 14, 2023, Case #: 2:21cv92, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Privacy, Jurisdiction
J. Snow denies two "avid wine drinkers" motion for summary judgment concerning claims that they are entitled to modify laws that allow out of State wine retailers to sell their products in Arizona. However, the State provided sufficient evidence in court that wine retailers are obligated to sell their products out of a physical premises if they want to obtain a license, and that they must comply with State official inspections.
Court: USDC Arizona, Judge: Snow, Filed On: August 9, 2023, Case #: 2:21cv1332, NOS: Other Civil Rights - Civil Rights, Categories: Government, Consumer Law
J. Rayes rules that a student may pursue False Advertising Law claims against an online university accusing it of misleading students as to the validity of its accredited degree programs. The student plausibly alleges that the program she completed at the university did not meet the minimum requirements for obtaining a professional license as a mental health therapist in California. While a description of the university's program as "excellent" is non-actionable puffery, the university counselor's assurances that its program would meet the needs of the student are actionable.
Court: USDC Arizona, Judge: Rayes, Filed On: August 8, 2023, Case #: 2:22cv477, NOS: Other Fraud - Torts - Personal Property, Categories: Education, Contract, False Advertising
J. Lanza grants a labor union's motion for summary judgment concerning a union member's claims that it wrongfully denied his request for reinstatement of pension benefits. The labor union sufficiently showed in court that the once former journeyman lineman, who was approved for early retirement, is not entitled to continuously pay dues or participate in union meetings.
Court: USDC Arizona, Judge: Lanza, Filed On: August 7, 2023, Case #: 2:22cv1599, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Pensions, Labor / Unions