511 results for 'court:"USDC Western District of Washington"'.
J. Rothstein denies Expedia's motion to dismiss the Swiss federal government office's complaint that Expedia offered low hotel booking rates on Trivago, an internet hotel booking “metasearch” engine, so that it could bankrupt Amoma, an online hotel booking company organized under Swiss law. The Swiss office manages to salvage its claim because it sufficiently alleges that Amoma could not move to another advertising platform because Trivago had to give Amoma accurate data that would allow the latter to successfully adapt to the new system.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: February 1, 2024, Case #: 2:23cv983, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Pechman declines to dismiss the mental health service's complaint that two of its former therapists used the mental health service's trade secrets to form the mental health company. The mental health service sufficiently pleads a connection between its DTSA claim and interstate commerce claim, because it alleges that its clients paid for its services through interstate insurance plans such as Medicare while other clients came from outside Washington state, and one of the former therapists solicited many of these clients via email, which affects interstate commerce.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 1, 2024, Case #: 2:23cv1239, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Jurisdiction
J. Robart grants the aircraft manufacturer's motion to seal its Dec. 29, 2023 letter to the court in its lawsuit accusing Boeing of infringing on the aircraft manufacturer's hybrid-electric and electric aircraft technology. Boeing does not oppose this motion, which the aircraft manufacturer puts forth because its interrogatory responses "in part reflect Zunum’s confidential and proprietary business information and may reflect information Zunum learned from documents that Boeing produced in this litigation and designated confidential."
Court: USDC Western District of Washington, Judge: Robart, Filed On: January 31, 2024, Case #: 2:21cv896, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Bryan grants the insurance company summary judgment on its complaint that it has no duty to defend or indemnify the insureds in underlying lawsuits claiming that one of the insureds raped minors. Several policy exclusions apply, including intentional bodily injury, which includes the alleged intentional sexual abuse of minor children.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: January 31, 2024, Case #: 3:23cv5461, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. Lin declines to dismiss the British Isles publisher's complaint that the U.S.-based software company sold copies of the publisher's copyright-protected works, including "Fundamentals of Catholic Dogma" by Dr. Patrick Lynch originally published in 1955, and a revised English-language edition produced and published by the publisher in 2018. The publisher alleges sufficient facts to state a plausible infringement claim on the Lynch translation because in 1996, per the Uruguay Round Agreements Act and Irish copyright law, the U.S. copyright for the Lynch translation automatically went to Dr. Lynch and not Mercier Press as the software company argues.
Court: USDC Western District of Washington, Judge: Lin, Filed On: January 31, 2024, Case #: 2:22cv1635, NOS: Copyrights - Property Rights, Categories: Copyright, International Law
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Lin dismisses the insurance company's claims under the Carmack Amendment to the Interstate Commerce Act accusing the freight forwarding company of directing BNSF Railway to transport the goods by train despite the contract stating the transport should be via truck. BNSF's train caught on fire and damaged the goods. The Carmack Amendment applies and preempts the insurance company's negligence and contract claims because one of the receiving entities in Washington where the goods departed was required to issue a separate Carmack-compliant bill of lading so that the goods could go to the intended arrival point of Ohio.
Court: USDC Western District of Washington, Judge: Lin, Filed On: January 31, 2024, Case #: 2:23cv621, NOS: Other Contract - Contract, Categories: Commerce, Insurance, Contract
J. Coughenour dismisses the shareholder's complaint alleging that Jeff Bezos and other current and former Amazon directors and officers stored customer data without the customer's knowledge, putting Amazon at risk of lawsuits. The shareholder's complaint does not allege that any director “received a material personal benefit from the alleged misconduct," nor does he present sufficient evidence to establish demand futility regarding most of the directors.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: January 30, 2024, Case #: 2:22cv559, NOS: Stockholders’ Suits - Contract, Categories: Fiduciary Duty, Class Action
J. Whitehead finds in favor of the city against the family's claim that the city's officers arrested the husband for violating a no-contact order involving the wife without probable cause. At the time of the arrest, the wife gave the city's officers information that would give them probable cause to make the arrest, as the wife initially said that the husband sent “manipulative, threatening and slander[ous]" messages.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: January 29, 2024, Case #: 3:22cv5554, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Restraining Order
J. Estudillo grants the inmate's motion for discovery for his complaint that the county and Wellpath did not accommodate his Celiac disease while he was in custody. The inmate seeks information about federal and state government funding, which is not privileged information, and a protective order can deal with any alleged trade secrets that may come up.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: January 29, 2024, Case #: 3:20cv6106, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Discovery, Prisoners' Rights
J. Robart orders a supplemental briefing on the manufacturer's motion to dismiss the metal supplier's complaint that the manufacturer infringed on the metal supplier's patents related to fire-blocking devices. The metal supplier seems to misunderstand the previous order to argue for the sufficiency of its patent allegations, so it has until Feb. 9, 2024 to file a supplemental brief addressing this. The manufacturer and its co-defendants may file an optional supplemental reply to that supplemental brief by no later than Feb. 16, 2024.
Court: USDC Western District of Washington, Judge: Robart, Filed On: January 29, 2024, Case #: 2:23cv918, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Coughenour denies the technology company summary judgment for its warranty claim in its lawsuit alleging that the trading company produced and sold chicken with bones instead of the agreed-upon boneless chicken, putting customer safety at risk. The technology company and the trading company offer conflicting evidence on whether the product qualifies as "breast trim," and a reasonable jury could believe either argument.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: January 29, 2024, Case #: 2:22cv296, NOS: Contract Product Liability - Contract, Categories: Product Liability, Warranty, Contract
J. Zilly grants the fire station summary judgment against the employees' complaint alleging that it placed them on unpaid leave for not receiving the Covid-19 vaccine. The employees argue that the fire station already required employees to wear masks and that the masks and PPE would be enough to prevent the spread of Covid-19. However, unvaccinated firefighters would increase the risk of spreading Covid-19 because masks and PPE are only effective when worn, and firefighters could not always wear them.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: January 25, 2024, Case #: 2:22cv1674, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Hernandez partially grants the exporter default judgment for its complaint that the discretionary trading trust bought $2.9 million in lumber, rejected the delivery when it arrived, but then took possession of it and sold the lumber to a third-party without paying the exporter. While the $2.9 million in damages are granted without issue because that is the amount owed on the invoice, the exporter seeks pre-judgment interest on its United Nations Convention on Contracts for the International Sale of Goods claim, which does not arise under state law. The exporter is to supplement its motion with new pre-judgment interest calculations consistent with the federal rate within 30 days.
Court: USDC Western District of Washington, Judge: Hernandez, Filed On: January 24, 2024, Case #: 3:22cv1041, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Bryan dismisses the employees' federal claims accusing the healthcare company of voluntarily agreeing to participate in the Center for Disease Control and Prevention’s Covid-19 vaccination program and then wrongfully firing the employees if they refused to take the Covid-19 vaccine. The employees do not show that the healthcare company's policy enforcement was a public function, as it was not "both traditionally and exclusively governmental," that it constituted a joint action, that it was the result of governmental coercion or that it violated the employees' constitutional rights.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: January 23, 2024, Case #: 3:23cv5741, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Government, Covid-19
J. Chun dismisses the consumer's Consumer Legal Remedies Act (CLRA) claims accusing Amazon of passing her information to Audible, which signed her up for a 30-day free Audible trial without her consent. The CLRA notice letter that the consumer sent does not meet the relevant statutory notice requirement because it does not cite what specific CLRA provisions Amazon and Audible violated. If the notice letter is revised, the consumer may plead her case again.
Court: USDC Western District of Washington, Judge: Chun, Filed On: January 23, 2024, Case #: 2:23cv1219, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Consumer Law
J. Whitehead denies the property owners' motion to dismiss the insurance company's attempt to seek a declaration that it has no duty to defend or indemnify Miggy Mover LLC or its owner in an underlying lawsuit brought by the property owners, who claim that Miggy Mover wrongfully withheld their belongings in a storage unit instead of delivering the belongings to the new home. The insurance company adequately pleads its case because it only seeks relief in the form of a declaration of no duty to defend or indemnify, which allows this case to remain in federal jurisdiction.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: January 23, 2024, Case #: 2:23cv510, NOS: Insurance - Contract, Categories: Insurance, Property, Jurisdiction
J. Lin awards the employee $75,000 in damages after Boeing demoted him in retaliation for reporting a co-worker's age discriminatory conduct toward other workers. The employee was demoted and discouraged from applying for his former position within weeks of his complaint, and there is little evidence that Boeing's supervisor worked to help the employee get promoted.
Court: USDC Western District of Washington, Judge: Lin, Filed On: January 22, 2024, Case #: 2:22cv533, NOS: Employment - Civil Rights, Categories: Employment, Damages, Employment Discrimination
J. King grants T-Mobile's motion to compel to arbitration the customers' suit claiming that T-Mobile did not secure their proprietary network information from fraudulent "SIM swaps" that allowed hackers to access the customers' financial accounts. The customers, or someone on their behalf, signed a binding agreement to arbitrate.
Court: USDC Western District of Washington, Judge: King, Filed On: January 22, 2024, Case #: 2:22cv1805, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Class Action, Contract
J. Peterson partially grants the insureds' motion for attorney fees after a jury found in their favor on on bad faith and Insurance Fair Conduct Act claims against the insurance company and awarded them $9,600. The insureds ask for $229,600 in attorney fees, but the jury found that one of the insureds did not exercise ordinary care to avoid or minimize his damages and the insureds record unproductive time and block billing. As such, the insureds receive $106,800 in attorney fees.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: January 19, 2024, Case #: 2:22cv159, NOS: Insurance - Contract, Categories: Insurance, Attorney Fees
J. Evanson finds in favor of the employer for its lawsuit seeking to enforce a Subrogation and Right of Recovery provision of its health benefits plan in order to recover a portion of the former employee's settlement funds equal to the medical benefits the employer paid out after the employee was injured in a car accident. The employer is entitled to a $73,300 judgment and attorney fees, because while the employee argues that it would be unfair to let the employer make itself whole through reimbursement because she was not made whole in her settlement of the New York action, its Health and Welfare Plan explicitly states that the employer's right to reimbursement trumps her right to be made whole.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: January 18, 2024, Case #: 2:20cv1551, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Settlements
J. Zilly denies the real estate broker's motion for a new trial regarding its complaint that Zillow concealed all non-multiple-listing services on their websites, resulting in the real estate broker's listings losing traffic. The real estate broker's lack of success with its Consumer Protection Act claim is not due to a procedural flaw during litigation, because it was ably represented by multiple attorneys from well-regarded law firms and it had ample resources to conduct itself in this lawsuit.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: January 18, 2024, Case #: 2:21cv312, NOS: Antitrust - Other Suits, Categories: Antitrust, Jury, Real Estate
J. Robart denies the hospital's motion for a protective order relating to its claim that the certified registered nurse anesthetist's interrogatories contain multiple discrete subparts that should be considered separate interrogatories, which relate to the registered nurse's lawsuit accusing the hospital of wrongfully firing her after refusing to give her a medical exemption for a Covid-19 vaccine. The hospital does not explain the basis for its argument that other interrogatories contain multiple discrete subparts, because it does not demonstrate “that a particular subpart of a particular interrogatory introduces a separate and distinct line of inquiry from the one that precedes it, and which could fairly and logically be counted as a new interrogatory against the presumptive limit.”
Court: USDC Western District of Washington, Judge: Robart, Filed On: January 18, 2024, Case #: 2:23cv83, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Employment, Discovery
J. Zilly stays a portion of the Korean restaurant's case accusing the city of not answering the restaurant's calls for help for the Capital Hill Occupying Protest's foreseeable issues involving property damage, loss of business revenue and violent crime. The restaurant's claims for substantive due process, taking and negligence are dismissed with prejudice. The remainder of the case is stayed pending a ruling by the Washington Supreme Court in "Campeau v. Yakima HMA LLC."
Court: USDC Western District of Washington, Judge: Zilly, Filed On: January 17, 2024, Case #: 2:23cv540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Due Process
J. Lasnik denies the United States' motion to dismiss the grandfather's complaint alleging that a diseased Douglas fir in the Olympic National Park fell onto his vehicle in January 2017, injuring the grandfather, killing his wife and paralyzing one of his grandchildren. The United States argues that the claims are untimely, but the grandfather and his family actively searched for a way to bring the United States into this lawsuit as it submitted two Freedom of Information Act requests to the National Parks Service in March 2017, which potentially entitles them to a tolling of the statute of limitations.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: January 16, 2024, Case #: 2:19cv2070, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Government, Vehicle, Product Liability