65 results for 'court:"USDC Eastern District of Washington"'.
J. Rice dismisses the restaurant's claims against the print-and-mail company as part of the former's lawsuit alleging that the human resources company, the bank and the print-and-mail company's negligence allowed thieves to steal $432,500 from the restaurant's bank account. The restaurant argues that the print-and-mail company's data breach allowed the thieves to access the restaurant's bank account and steal the funds, but there is no evidence that the thieves actually used that information to access the account.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: September 20, 2024, Case #: 4:24cv5045, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Privacy, Business Practices
J. Rice dismisses the business people's counterclaims to the investors' complaint, which alleges that the business people's business ventures left the investors with a $911,000 investment loss. The business people claim that one of the investors built a laundromat for a competitor instead of for the business people as promised. The business people's unjust enrichment counterclaims are likely time barred because they knew that the laundromat would not be built by 2020 at the earliest, and thus they had until 2023 to file their claim. Even if it is not time-barred, the counterclaims do not sufficiently connect the two separate business dealings.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: September 16, 2024, Case #: 2:24cv140, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Contract
J. Dimke denies the government's motion to dismiss the motorcyclist's complaint alleging that the government did not maintain the FSR 7320, which resulted in a pothole that the motorcyclist hit that threw him off his motorcycle. There are disputes of fact on whether the government is entitled to recreational use immunity as a matter of law, and the motorcyclist's request for discovery is reasonable because complete discovery should help him develop his argument that the pothole was dangerous.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: August 28, 2024, Case #: 1:23cv3037, NOS: Torts to Land - Real Property, Categories: Government, Vehicle, Negligence
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J. Dimke partially grants the worker's motion for attorney fees following the $4.4 million settlement of her class action accusing the hospital facility operators of not paying its workers their owed wages. The fee award of $1.1 million is acceptable because it comprises 25% of the overall settlement, which is the benchmark for a reasonable fee award, and class counsel achieved an excellent result for their clients.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: August 23, 2024, Case #: 4:19cv5049, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Attorney Fees, Labor
J. Bastian declares that the "Glory" mother tree that the fruit trees seller gave to the customer was a Staccato tree, which relates to the Minister of Agriculture and Agrifood's (AAFC) complaint alleging that the seller sold unauthorized versions of the AAFC's patented Staccato tree. The seller's expert submits testimony claiming that the "Glory" and Staccato trees are different without substantial evidence to support that claim, and evidence such as the orchard where the alleged "Glory" trees grew indicates that they are actually Staccato trees.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: August 22, 2024, Case #: 2:20cv181, NOS: Patent - Property Rights, Categories: Evidence, Patent, Experts
J. Rice declines to dismiss or transfer the insured's complaint alleging that the insurance company wrongfully declined her underinsured motorist policy benefits. The insurance company argues that the valid forum selection clause in the policy means that it is more appropriate to hold this case in Idaho, a state where the insurance company conducts business, but the provision allows for lawsuits to be brought in other forums, such as Eastern Washington.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: August 8, 2024, Case #: 2:24cv139, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Venue
J. Bastian enters judgment in favor of the propane delivery company and the propane mechanic against the propane and petroleum truck company's complaint, which alleges that the propane mechanic did not return to the propane and petroleum truck company on his last day of employment and later collaborated with the propane delivery company to misappropriate the the propane and petroleum truck company's proprietary information. The propane and petroleum truck company does not prove its Defend Trade Secrets Act claim by a preponderance of the evidence because it did not claim that the card file the propane mechanic had was a trade secret, the propane and petroleum truck company did not make reasonable efforts to safeguard the customer information on the propane mechanic's phone, and it did not require the propane mechanic to sign a non-competition agreement.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: July 23, 2024, Case #: 2:22cv101, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Evidence, Trade Secrets
J. Rice denies the hospitality group summary judgment against the Walla Walla winery's complaint, which alleges that the hospitality group used the Walla Walla winery's trademark to sell wine. The Walla Walla winery invested in the brand and created award-winning wine that gives their case "commercial strength," and the resort and sparkling winery is competing with the Walla Walla winery to sell wine in Walla Walla and online, which creates potential consumer confusion.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: July 1, 2024, Case #: 4:21cv5110, NOS: Trademark - Property Rights, Categories: Trademark
J. Rice grants the third-party defendant's motion to dismiss in a case arising out of a failed transaction for medical equipment. The court lacks personal jurisdiction over the third-party defendant and, therefore, cannot adjudicate plaintiffs' third-party claims.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: June 18, 2024, Case #: 2:23cv227, NOS: All Other Real Property - Real Property, Categories: Jurisdiction, Legal Malpractice, Contract
J. Peterson dismisses without prejudice the creativity company's complaint that Amazon sold 37 mermaid-shaped blankets or sleeping bags under eight different brands that infringe on the company's '669, '792 and '055 patents. The products that Amazon sold are dissimilar enough from the company's patented products that an ordinary observer is unlikely to confuse the products.
Court: USDC Eastern District of Washington, Judge: Peterson, Filed On: June 11, 2024, Case #: 2:23cv1866, NOS: Patent - Property Rights, Categories: Patent
J. Dimke partially denies the transportation and agricultural group's motion for judgment on the pleadings of the driver's complaint, which alleges that the group's employee drove into the driver's path, causing a collision that severely injured the driver. The group cannot dismiss the driver's claims for reference to regulations, because the group and its employee owe the public duties to exercise ordinary care, and regulations may provide information on the extent of those duties.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: June 6, 2024, Case #: 4:23cv5144, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle
J. Rice dismisses the ranch's complaint that the federal government did not take care of one or more burn piles of forest and timber scrap that tribal employees left smoldering, which started a fire that damaged the ranch's mill. The contracts that the ranch shows do not require tribal employees to protect property at the mill against wildfires, and the ranch does not show that the Bureau of Indian Affairs ever held the mill land in trust for the confederated tribes.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: June 5, 2024, Case #: 2:23cv170, NOS: Torts to Land - Real Property, Categories: Government, Property, Native Americans
J. Rice dismisses a complaint brought by a podcaster and three licensed medical professionals challenging the Washington Medical Commission's investigations of the dissemination of false information about the Covid-19 virus. The podcaster and the licensed medical professionals do not allege a cognizable injury with concreteness and particularity, as the commission has not sanctioned them for their speak. Their due process claim fails because they cite inapplicable cases.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: May 22, 2024, Case #: 2:24cv71, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Covid-19
J. Dimke dismisses without prejudice the loanee's complaint that the residential mortgage company refused to report any payments that she made since her bankruptcy, resulting in her being denied auto loans, home loans and employment promotions since then. The loanee does not allege that she notified a consumer reporting agency (CRA) of her dispute or that a CRA provided formal notice of the dispute to the residential mortgage company, so she does not state a legally cognizable claim for relief under the Fair Credit Reporting Act.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: May 8, 2024, Case #: 4:24cv5002, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Dimke declines to dismiss the customer's complaint alleging that the vape supplies company manufactured a cigarette battery that spontaneously exploded in his pocket and injured him. The company argues that the complaint is time-barred due to the three-year statute of limitations starting from when he discovered his injury. However, it took the customer a significant amount of time to uncover the previously unknown identity of the company and even the smoke shop that sold the defective cigarette battery admitted that it had trouble finding the identity of its supplier, hence why the customer's discovery was hindered.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: April 30, 2024, Case #: 4:22cv5014, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Discovery
J. Rice dismisses UPS's affirmative statute of limitations defense against the package car cover driver's complaint alleging that UPS's superiors assigned him to less desirable routes, overloaded him with work and tried to uncover unfavorable information about the driver because of his race. The statute of limitations for Washington Law Against Discrimination and related state law tort claims is three years, and the driver filed this lawsuit in October 2022 so his claims can only go as far back as October 2019, but the acts that happened before October 2018 involved the same people named in the driver's lawsuit. As such, the driver can introduce evidence of acts that happened before Oct. 18, 2018, to support his hostile work environment claim.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: April 22, 2024, Case #: 1:22cv3149, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Rice denies the county summary judgment for the family member's claim that the regional justice center's medical staff did not properly check on or care for the detainee, leading to her death. The family member can hold the county liable under a Monell theory of liability, specifically for its ratification of a policy that does not train its staff to treat and monitor inmates for detox and withdrawal. Also, the death of another inmate, who died under similar circumstances in the county's custody, is admissible evidence.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: April 19, 2024, Case #: 2:22cv308, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Wrongful Death
J. Bastian dismisses the customer's Computer Fraud and Abuse Act claim alleging that one of T-Mobile's retail store employees accessed her Snapchat account from her phone when she turned it in for repairs, and then disseminated explicit photos of her and a sex video of her and her partner. The customer does not allege sufficient facts to show that she suffered damage or loss because of the sales representative's conduct, nor does the customer allege any service disruption, as the statute for consequential damages requires.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: April 19, 2024, Case #: 4:23cv5166, NOS: Other Statutory Actions - Other Suits, Categories: Damages, Consumer Law
J. Dimke grants the Belgian ice cream producer's second motion for default judgment for its complaint that the manufacturing company used a wrongfully obtained patent on ice-molds and related products, which caused non-party Amazon to remove the Belgian ice cream producer's "Combo Mold" product from its listings because of reports that the Belgian ice cream producer infringed on its own product. The manufacturing company's patents are invalid, because the Belgian ice cream producer has sold its Combo Mold since June 2015 and its Four Sphere Mold since August 2018, while the manufacturing company applied for design patent protection on Sep. 30, 2020 for seemingly identical product designs.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: April 18, 2024, Case #: 2:22cv29, NOS: Patent - Property Rights, Categories: Patent
J. Bastian grants the clothing company default judgment for its complaint alleging that the beauty school opened with a mark similar to the clothing company's "Zara" trademark. "ZARA" is a famous and valuable brand that the clothing company owns, and the beauty school continues to infringe on that trademark even after the clothing company filed its complaint.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: April 8, 2024, Case #: 2:23cv46, NOS: Trademark - Property Rights, Categories: Trademark
J. Dimke denies the health department's motion to dismiss the loss of consortium claim of the employee's complaint, which alleges that the health department fired her for sending an email to the Spokane Regional Health District's board members and its administrative officer objecting to the firing of one of its employees. The health department does not demonstrate as a matter of law or cite any legal authority that the employee cannot sustain her claim.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: March 29, 2024, Case #: 2:22cv46, NOS: Employment - Civil Rights, Categories: Employment
J. Bastian denies the publisher's motion to dismiss the professional photographer's complaint that the publisher used a copyrighted photograph of Kris Kristofferson on its website without permission. Although the photo went live on the website on Feb. 14, 2019, and the photographer first saw the copyright infringement during the same year, the applicable statute of limitations that bars copyright infringement discovered before 2020 does not apply because there was no reasonable way for the photographer to find the photo due to the lack of "storm warnings" alerting the photographer of the publisher's infringement. The publisher is based in the Pacific Northwest while the photographer is based in Kentucky, and the internet is so vast that it would take a long time to monitor the usage of a single image.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: March 28, 2024, Case #: 2:23cv25, NOS: Copyrights - Property Rights, Categories: Copyright