92 results for 'court:"USDC Alaska"'.
J. Kindred grants in part a decedent's wife's motion for partial summary judgment in a dispute with the decedent's family over the decedent's assets, and grants Merrill Lynch's motion for summary judgment. The family has not shown that Merrill Lynch's reliance on trustee certificates was unreasonable and recordings of telephone conversations authorizing a wire transfer show that the decedent "clearly and cogently confirms the
transaction." The family has not provided evidence to support its claims for professional malpractice, conversion, fraudulent nondisclosure, fraudulent use of the signature stamp or intentional interference with contract related to the decedent's annuity against the decedent's wife.
Court: USDC Alaska, Judge: Kindred, Filed On: May 28, 2024, Case #: 3:19cv92, NOS: Other Contract - Contract, Categories: Contract
J. Gleason grants a window company's motion to dismiss homeowners' allegations that the windows installed in their custom-built home were defective. The homeowners' breach of express warranty claim is untimely. The homeowners have been aware of the window defects for over 20 years and "the statute of limitations has long run on any potential implied warranty claims." The bad faith claims are also time-barred.
Court: USDC Alaska, Judge: Gleason, Filed On: May 24, 2024, Case #: 3:22cv171, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Product Liability
J. Kindred denies in part a pharmacy benefits manager, research provider and mail-order pharmacy's motion to dismiss the state's complaint alleging they had a role in fueling the opioid epidemic in Alaska. The state has adequately alleged a public nuisance claim and "Alaska law allows for a claim of public nuisance that is not property-based and based on the use of a lawful product." The state's Consumer Protection Act claim is partially preempted by Medicare Part D, but not by ERISA. The state's public nuisance claim and Consumer Protection Act claims continue "insofar as they do not implicate Medicare Part D plans."
Court: USDC Alaska, Judge: Kindred, Filed On: May 22, 2024, Case #: 3:23cv233, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Tort, Product Liability
J. Kindred grants the state's motion for leave to file a second amended complaint against "a Pharmacy Benefits Manager (PBM), a research provider, and a mail-order pharmacy for its alleged role in fueling the opioid epidemic in Alaska." The state seeks to amend, asserting a claim for violations of the federal Racketeer-Influenced and Corrupt Organization Act. "There is no undue delay in this case." The RICO claim is not barred by the statute of limitations.
Court: USDC Alaska, Judge: Kindred, Filed On: May 21, 2024, Case #: 3:23cv233, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Tort, Product Liability, Racketeering
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J. Gleason denies in part the government's motion for summary judgment regarding a museum head of security's allegations that a homeland security officer harassed her, stalked her and sexually assaulted her on two separate occasions. She then contacted police to get a protective order against the officer. The officer was later indicted on seven counts of sexual assault of three other women. The head of security alleges that the government negligently hired, trained and supervised the officer. A genuine dispute of a material fact exists as to whether the officer was acting within the scope of his employment during the alleged assaults. The head of security has sufficiently alleged that the officer was stalking her while on duty, as he texted her that he was directing traffic when he saw her outside her office. Photos indicate that the officer was armed when he assaulted her. The harassment claim also continues.
Court: USDC Alaska, Judge: Gleason, Filed On: May 13, 2024, Case #: 3:20cv210, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Assault
J. Gleason denies Safeway's motion for summary judgment regarding a slip and fall incident. An individual alleges that he slipped and fell while walking about six feet from a cone in the store, and that the store should have put up more cones to create a wider perimeter that would have prevented him from accessing the entire wet area. The individual's testimony raises a genuine issue of fact regarding the adequacy of Safeway's warning about the wet floor area.
Court: USDC Alaska, Judge: Gleason, Filed On: April 30, 2024, Case #: 4:22cv70, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort
J. Kindred denies in part a training academy attendee's motion for attorney fees and grants her and another attendees' motion for entry of judgment regarding a trainee recruit's allegations of racial and sexual discrimination while she was in the state trooper training academy. Partial final judgment dismissing the attendees is warranted, however, an award of attorney fees is not.
Court: USDC Alaska, Judge: Kindred, Filed On: April 17, 2024, Case #: 3:23cv29, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Kindred denies a potential lodge buyer's motion for a new trial and grants in part the lodge owner's motion for attorney fees after the potential buyer terminated the sale contract. The jury found that the buyer breached the covenant of good faith and fair dealing and awarded one dollar to the owner, and found that the owner had made negligent misrepresentations to the buyer, and awarded one dollar to the buyer. Both parties claim to be the prevailing party. The jury's verdict was reasonable and not contrary to the weight of the evidence. The lodge owner made an offer of judgment to the buyer, which the buyer rejected. This entitles the owner to costs incurred after the offer was made. The owner is to provide separate accountings for costs and fees.
Court: USDC Alaska, Judge: Kindred, Filed On: April 3, 2024, Case #: 3:21cv123, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Gleason grants the federal government's motion for summary judgment regarding a dispute with the state over the closure of 180 miles of river to non-subsistence uses in order to conserve the fish population for rural residents who would be allowed limited subsistence use of the section. The state authorized gillnet fishing by all state residents on three days. "The State has failed to create a genuine dispute of material fact as to federal preemption." The federal government is entitled to a permanent injunction as it has shown irreparable harm to its ability to enforce rural subsistence priority with the state's conflicting emergency orders.
Court: USDC Alaska, Judge: Gleason, Filed On: March 29, 2024, Case #: 1:22cv54, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Kindred denies an insurance company's motion for summary judgment in a dispute with an insured regarding damage to his fifth wheel while he was on vacation. The record does not include necessary facts of the incident that led to the damage. The insurance company has "not demonstrated that they had a reasonable basis to deny coverage under the vacation liability provision" of the insured's policy.
Court: USDC Alaska, Judge: Kindred, Filed On: March 26, 2024, Case #: 3:22cv87, NOS: Insurance - Contract, Categories: Insurance
J. Kindred adopts the report and recommendations regarding the government's allegations that a locksmith and security services business and its owner did not pay federal employment and unemployment taxes as required for employers. The government seeks sanctions against the company. The "business does not operate lawfully" as it has "failed to comply with federal tax law, as well as this Court’s orders, for years" and currently owes nearly $2 million in unpaid taxes. The recommended permanent injunction is warranted.
Court: USDC Alaska, Judge: Kindred, Filed On: March 20, 2024, Case #: 3:19cv134, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Employment, Tax, Injunction
J. Kindred denies a longshoreman's negligence claim stemming from a shoulder injury he sustained when he slipped and fell while working aboard a vessel. "It is not reasonable for a professional longshoreman to expect an ice-free deck inside of a freezer hold when the hatch cover is open to the elements." The longshoreman's supervisor warned him that the decks would be slippery and instructed him to use extra care. "The cargo deck in question was not covered in ice and there was no ice or slick condition beyond the usual conditions."
Court: USDC Alaska, Judge: Kindred, Filed On: March 20, 2024, Case #: 3:20cv98, NOS: Marine - Contract, Categories: Maritime, Tort
J. Gleason grants the law enforcement defendants' Rule 59 motion to amend the judgment in this case concerning whether an individual was "federally prohibited from possessing a firearm." The court previously ruled that the individual was not barred from possessing firearms based on his convictions in 2010 for misdemeanor crimes of domestic violence under local law, due to an ex post facto issue. However, under Ninth Circuit precedent, the prior ruling was in error, and the court now holds that "there is no ex post facto violation."
Court: USDC Alaska, Judge: Gleason, Filed On: February 29, 2024, Case #: 3:22cv193, NOS: Mandamus & Other - Habeas Corpus, Categories: Civil Procedure, Firearms
J. Gleason denies the state's and denies in part the federal government's cross-motion for summary judgment in a dispute over navigability of 16 miles of submerged lands underlying the Fortymile River. A waterway must be susceptible to use as a highway to be legally navigable, however "no court has ever found that as a matter of law, a river is not navigable solely because the only travel that could take place on it was downstream travel." Depth of water alone is insufficient to establish navigability as a matter of law. The state has not shown that "handmade wooden boats or jetboats were customary modes of trade and travel at statehood."
Court: USDC Alaska, Judge: Gleason, Filed On: February 27, 2024, Case #: 3:18cv265, NOS: All Other Real Property - Real Property, Categories: Real Estate
J. Gleason denies oil and gas lease holders' motion to alter the judgment and motion to vacate the court's order dismissing their claims with prejudice. The lease holders asserted that the government's moratorium on activities related to the oil and gas leases in order to conduct supplemental environmental review caused loss of revenue and employment opportunities that would have come from development of the leases. The moratorium temporarily prevented the lease holders from developing its leases, and the leases were not “cancelled, rescinded, nullified, or otherwise undone.”
Court: USDC Alaska, Judge: Gleason, Filed On: February 22, 2024, Case #: 3:21cv245, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Environment
J. Gleason denies registered guides' motion for a temporary restraining order regarding the award of a U.S. Fish and Wildlife Service-issued permit to guide commercial big game hunting on federal lands within Kodiak National Wildlife Refuge to another party. The registered guides allege that without the temporary restraining order, their "clients will be precluded from obtaining brown bear tags for hunting on Native lands," while the other party's permit would allow others to receive all of the brown bear tags for the area in question. The guides' "purported injury is speculative and does not demonstrate a likelihood of irreparable harm."
Court: USDC Alaska, Judge: Gleason, Filed On: February 16, 2024, Case #: 3:24cv36, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Restraining Order
J. Kindred grants an insurance company's motion for attorney fees in a coverage dispute following an injury accident aboard a natural gas platform. The insurer sought a declaratory judgment that the charterer’s policy did not provide coverage for the accident, and the court found for the insurer. As the prevailing party, the insurer is granted $43,952.
Court: USDC Alaska, Judge: Kindred, Filed On: February 13, 2024, Case #: 3:21cv252, NOS: Insurance - Contract, Categories: Insurance
J. Gleason grants a royalty deed owner's motion for partial summary judgment in a dispute with a gold mine owner. The mine owner "has not identified a contractual right that could form the basis of a waiver defense" and no reasonable jury could find for the mine owner on an impracticability defense. There is no genuine dispute of material fact and the mine owner has not provided evidence that would constitute a mistake of fact.
Court: USDC Alaska, Judge: Gleason, Filed On: February 13, 2024, Case #: 1:21cv21, NOS: Other Contract - Contract, Categories: Contract
J. Kindred grants Alaska Airline's motion to dismiss a dispute with a former state senator regarding her nearly year-long ban from flying with Alaska Airlines for failing to comply with mask mandates during the Covid-19 pandemic and "combative interactions with Alaska Airlines staff." Her ban was lifted after the mask mandate ended. The former senator has not shown that the Specially Appearing Defendants have minimum contacts with Alaska to support jurisdiction. The former senator's claims against Alaska Airlines for “'violations of the duty of care concerning treatment of airline passengers with disabilities' fails because no such duty exists under state law."
Court: USDC Alaska, Judge: Kindred, Filed On: February 12, 2024, Case #: 3:23cv87, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Covid-19
J. Kindred grants cross-motions to amend a dispute between a construction company and the asphalt company it subcontracted with over a federal public works contract for road maintenance. The construction company issued a written notice that the asphalt company was in default due to unaddressed deficiencies in work. The asphalt company responded that it had not been paid for previous work and that cold weather was delaying the completion of the work. The construction company has not shown good cause for modifying deadlines to allow leave to amend, however the asphalt company has shown good cause, therefore the scheduling and planning order's deadline will be modified, allowing both parties to amend.
Court: USDC Alaska, Judge: Kindred, Filed On: February 7, 2024, Case #: 3:21cv228, NOS: Other Contract - Contract, Categories: Contract
J. Gleason denies the state's amended motion for stay regarding a proposed class' allegations that the state did not respond to Supplemental Nutrition Assistance Program (SNAP) applicants within the required timeframe or denied applicants the right to apply for SNAP benefits the first time they contacted the agency. The state asserts that it has "demonstrated commitment to resolving the backlog" in processing SNAP applicants while the case has been stayed. "Further delaying the resolution of this issue could cause potential damage to the proposed class members."
Court: USDC Alaska, Judge: Gleason, Filed On: February 5, 2024, Case #: 3:23cv44, NOS: Other Statutory Actions - Other Suits, Categories: Government, Class Action
J. Kindred grants the government's motion to dismiss breach of contract claims regarding cancelation of a contract to charter a vessel to recover oceanographic equipment in the Bering and Chukchi Seas. The court lacks jurisdiction, because the company failed to exhaust administrative remedies under the Contract Disputes Act.
Court: USDC Alaska, Judge: Kindred, Filed On: January 24, 2024, Case #: 3:23cv62, NOS: Marine - Contract, Categories: Maritime, Contract