141 results for 'court:"USDC Idaho"'.
J. Winmill grants in part a company's motion to compel in a patent infringement dispute regarding simulated log-siding panel and the machine attachment used to create it. The patent holder did not produce a full exclusive license agreement until after the close of discovery and failed to correct a misstatement in its complaint that it manufactures, distributes and sells simulated log siding when, in fact, it had exclusively licensed those rights to another company. Discovery will be reopened for 45 days. The company may also conduct a second deposition of the patent holder and may file a motion for fees related to this motion.
Court: USDC Idaho, Judge: Winmill, Filed On: May 8, 2024, Case #: 4:22cv307, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Nye grants an employee's motion for reimbursement of fees and costs in a matter in which pizza delivery drivers allege their employer underpaid them and did not reimburse them for vehicle-related expenses. The employees sought contact information for former employees from the employer, but the employer alleges that it lost access to that information after changing payroll providers. The employees used publication notice to reach potential class members. The employer knew of the employees' imminent state law claims and failed to preserve the employee information in anticipation of litigation. The employees are entitled to reimbursement for the costs of the publication notice.
Court: USDC Idaho, Judge: Nye, Filed On: May 7, 2024, Case #: 1:17cv283, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action
J. Winmill denies in part a police officer and her husband's motion for summary judgment regarding an individual's claims of false arrest and defamation after he was arrested for misdemeanor second-degree stalking of the police officer, her husband, and their 12-year-old daughter. The couple alleged that the individual would park outside their home, beside their daughter's school bus, and that he tried to enter their home. After he was arrested, the husband posted the individual's mugshot on NextDoor. The county prosecutor eventually dismissed the charges against the individual. Undisputed facts show that the sheriff's department officer had probable cause to arrest the individual and that the police officer who claimed he was stalking her did not participate in the investigation or arrest. It is up to the jury to decide whether the husband acted negligently in posting the individual's information to NextDoor.
Court: USDC Idaho, Judge: Winmill, Filed On: May 3, 2024, Case #: 1:20cv186, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Nye denies in part an employer's and insurer's motion to dismiss a father and employee's allegations of violation of The Mental Health Parity and Addiction Equality Act (MHPAEA) after his son, a beneficiary of the plan, was denied benefits for inpatient and outpatient mental health treatment following the son's suicide attempt. The father "has presented a plausible cause of action that Defendants violated the MHPAEA by requiring more of persons seeking mental health/substance abuse treatment than other medical treatments."
Court: USDC Idaho, Judge: Nye, Filed On: May 2, 2024, Case #: 1:23cv221, NOS: Insurance - Contract, Categories: Erisa, Insurance
J. Nye grants in part the Sierra Club's motion for preliminary injunction regarding a city ordinance that prohibits the use of megaphones and gathering in parks. A group of high school and junior high student members of the Sierra Club planned to participate in a Global Climate Strike, including marching to city hall while chanting. The group challenges the megaphone and park gathering restrictions. The Sierra Club has shown that the megaphone restriction has led to self-censorship, and has cited multiple instances when the megaphone restriction was enforced. The park restriction is content-neutral and the Sierra Club has ample alternatives to share its message. The city is enjoined from enforcing the ordinance prohibiting the use of sound amplification devices in the downtown area while this lawsuit is pending.
Court: USDC Idaho, Judge: Nye, Filed On: April 29, 2024, Case #: 1:24cv169, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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J. Winmill denies a heavy equipment auction site's motion for reconsideration regarding a buyer's allegations of breach of contract, fraudulent misrepresentation and unjust enrichment after the machine it purchased arrived with missing parts. The buyer requested a refund and alleges that the auction site never responded. The auction site's motion for summary judgment was denied without a written opinion by a visiting judge, the matter was reassigned to a new judge, and the auction site filed a motion for reconsideration of the denial of summary judgment. There is no evidence of "clear error" by the visiting judge as a material dispute of fact remains regarding whether the company that listed the machine on the auction site was an undisclosed principal.
Court: USDC Idaho, Judge: Winmill, Filed On: April 29, 2024, Case #: 3:21cv150, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Groves grants an insurance company's and employer's motions to dismiss a disabled inactive employee's amended complaint regarding denied claims. The United States Department of Labor Employee Benefits Security Administration issued demand letters on behalf of the employee identifying multiple incorrectly processed claims. The insurer overturned some, but not all, decisions. The employee requested plan documents from the insurer, received no response, and filed this complaint alleging violation of ERISA for not producing the requested documents. Because the employee has not alleged an injury, she does not have Article III standing. The insurer is not a proper party for the ERISA claim. The employee did not make a written request to the employer for plan documents.
Court: USDC Idaho, Judge: Groves, Filed On: April 29, 2024, Case #: 1:22cv164, NOS: Fair Labor Standards Act - Labor, Categories: Erisa
J. Brailsford denies in part a police officer's motion for summary judgment regarding a car passenger's allegations of excessive force, unlawful arrest and unlawful seizure of car following a traffic stop. The passenger's motion for partial summary judgment for unlawful arrest and unlawful seizure of car is granted. The officer does not dispute that he broke the passenger's arm while performing a joint lock technique on her after arresting her husband, the driver. The passenger was charged with resisting or obstructing law enforcement for refusing to vacate the car. The charge was later dismissed. Undisputed facts show that the officer did not have authority to impound the car. The officer arrested the passenger without probable cause. The officer is not entitled to qualified immunity for unlawfully arresting the passenger and issues of material fact exist regarding her claim of excessive force.
Court: USDC Idaho, Judge: Brailsford, Filed On: April 29, 2024, Case #: 1:22cv281, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Brailsford denies in part an insurance company's motion for summary judgment regarding an insurance coverage dispute following a plane crash. While the pilot walked away unharmed, the plane, which crashed shortly after takeoff, sustained extensive damage. The plane owner alleges that the insurer has not paid for certain repairs in violation of the insurance policy. A genuine dispute of material fact remains as to whether the insurer paid the amount required under the insurance policy. Because the insurance company has waived its right to compel arbitration, its motion for summary judgment on the contract claim is denied.
Court: USDC Idaho, Judge: Brailsford, Filed On: April 24, 2024, Case #: 1:22cv176, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Contract
J. Winmill grants an insurance company's motion for expenses regarding an improperly terminated disposition. The disposition regarding a car collision was terminated by counsel when the passenger in the car, who suffered severe memory loss, was being asked about insurance claims documents and was about to be shown those documents. The attorney alleges that the insurer failed to lay the proper foundation for refreshing a witness' recollection with a document. The attorney has not shown that the insurer's counsel's questioning rose to the level of bad faith or oppressiveness. The "unilateral termination of the...disposition was therefore unjustified and warrants sanctions."
Court: USDC Idaho, Judge: Winmill, Filed On: April 24, 2024, Case #: 1:21cv498, NOS: Other Contract - Contract, Categories: Insurance, Sanctions, Contract
J. Nye denies investors' motions to modify the scheduling order, for leave to amend, to reopen discovery and for reconsideration in a landfill acquisition project investment dispute. The investors' "newly discovered evidence could have easily been discovered at any point prior to or during this litigation." They do not cite unforeseen circumstances that prevented them from seeking the records earlier. The investors do not address their "untimely delay in requesting the records and petitioning this Court for modification, amendment, and reconsideration."
Court: USDC Idaho, Judge: Nye, Filed On: April 15, 2024, Case #: 1:20cv544, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Discovery
J. Nye grants a company's motion to quash portions of a subpoena during the discovery process of a contract dispute. An attorney has been acting as an agent for the company, sharing litigation strategy, so although the attorney does not represent the company, his communications qualify for work-product protection. As a witness-attorney, the attorney is forbidden "from acting as an advocate at trial, but not in pre-trial activities."
Court: USDC Idaho, Judge: Nye, Filed On: April 12, 2024, Case #: 2:22cv399, NOS: Other Contract - Contract, Categories: Contract
J. Brailsford denies the city's motion to dismiss a dispute with a landowner involving a prescriptive easement over a trail that crosses the city's parcel. The court has supplemental jurisdiction over the matter. The case law the government cites does not support its proposition that the state's common ownership of the parcel "cannot satisfy the unity of title requirement for establishing an implied easement."
Court: USDC Idaho, Judge: Brailsford, Filed On: April 10, 2024, Case #: 1:23cv47, NOS: All Other Real Property - Real Property, Categories: Real Estate
J. Winmill grants property owners' motion to dismiss neighbors' allegations that they have breached an easement by refusing to share the cost of maintaining and replacing a shared tram that both neighbors use to traverse a steep hill up to their properties, and by demanding that the neighbors relocate the tram onto their property, and terminating the easement. "The continuous nature of the obligations under the easement are not
enforceable." The property owners, "as owners of the dominant estate, have the legal right to terminate the easement."
Court: USDC Idaho, Judge: Winmill, Filed On: April 9, 2024, Case #: 2:23cv507, NOS: Other Contract - Contract, Categories: Real Estate, Contract
J. Winmill denies a patent holder's motion for partial summary judgment regarding allegations of patent infringement of three separated patents related to a machine attachment that creates simulated log siding. The patent in question covers the simulated log siding panel. The patent holder has not separately addressed the different types of siding and therefore has not shown that all siding produced by the alleged infringer infringes on the patent in question. It appears that some of the siding does not infringe on the patent.
Court: USDC Idaho, Judge: Winmill, Filed On: April 5, 2024, Case #: 4:22cv307, NOS: Patent - Property Rights, Categories: Patent
J. Dale denies in part an airport baggage handling system company's motion to dismiss a business partner's claims for civil conspiracy, tortious interference with prospective economic advantage and tortious interference with contract. The business partner, who was the prime contractor, began negotiations to acquire the other company. After negotiations broke down, the business partner became concerned that the company was not complying with the teaming agreement and alleges that the president of the company made false allegations about the business partner to stop the acquisition from moving forward. The business partner has plausibly stated a tortious interference with prospective economic advantage claim.
Court: USDC Idaho, Judge: Dale, Filed On: April 2, 2024, Case #: 1:23cv499, NOS: Other Contract - Contract, Categories: Interference With Contract, Contract
J. Nye denies a company's motion for attorney fees following arbitration of a supply agreement dispute, and its subsequent request that the court confirm the arbitration award. The arbitrator entered an award in the company's favor and stated that the other party should pay the company's costs of arbitration. The arbitrator made "very specific findings regarding the reasonableness of the costs imposed" and did not mention future costs or costs related to the confirmation of the company's award. There are no grounds entitling the company to an award of fees and costs.
Court: USDC Idaho, Judge: Nye, Filed On: April 1, 2024, Case #: 4:23cv206, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Attorney Fees
J. Dale grants the county and sheriff's office's motion for attorney fees in a matter in which the court found that an individual's "counsel knowingly presented to the jury an inaccurate and incomplete portrayal of compensation tendered to and promised to be paid by Plaintiff to a critical witness... in connection with her trial testimony." The court found that this misconduct interfered with the county and sheriff's department's ability to fairly present their case. The parties later settled. The individual's "counsel acted recklessly in filing the motion to set aside the Court’s judgment of dismissal, thereby unreasonably and vexatiously multiplying the proceedings in this matter." The county and sheriff's office are awarded $14,273 in attorney fees.
Court: USDC Idaho, Judge: Dale, Filed On: March 29, 2024, Case #: 1:18cv550, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Ada / Rehabilitation Act, Tort, Attorney Fees
J. Winmill grants in part investors' motion for summary judgment and default judgment regarding an "alleged Ponzi scheme masquerading as a
cryptocurrency investment fund." The investors have provided sufficient evidence of false representations and that the fund manager misappropriated investor funds for personal use, including "purchasing groceries, sporting goods, clothing, gold, silver coins, meals, home improvements and [a] wedding" in violation of federal and state law. The investors "must submit a summary of the total damages they seek, the basis for these damages, and the amount of damages for which they are entitled to prejudgment interest, and the legal basis for those damages."
Court: USDC Idaho, Judge: Winmill, Filed On: March 28, 2024, Case #: 2:20cv352, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Dale grants an employee's motion for attorney fees regarding allegations that his employer breached his head coach agreement by firing him as the head wrestling coach without cause. A jury found in favor of the employee. As the prevailing party, the employee is awarded $911,643 in attorney fees.
Court: USDC Idaho, Judge: Dale, Filed On: March 28, 2024, Case #: 1:20cv380, NOS: Other Contract - Contract, Categories: Employment, Attorney Fees, Contract
J. Nye denies in part the state's motion to dismiss campers' allegations that the state violated their constitutional rights by enforcing the “anti-camping statute." The campers allege that their belongings were "searched, seized, and immediately destroyed" without a warrant. The campers have provided sufficient facts to allege that the director of the state police and director of the Idaho Department of Administration are not immune from suit with respect their Fourth Amendment claims.
Court: USDC Idaho, Judge: Nye, Filed On: March 26, 2024, Case #: 1:22cv162, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Nye grants a roofing company's motion for default judgment regarding allegations that a competitor began operating under the same name, which has led to marketplace confusion and lost business, as well as customer complaints to the roofing company from dissatisfied consumers who worked with the competitor. The roofing company sent a cease and desist letter to the competitor to stop using the trademarked name, but the competitor has not stopped. The roofing company has sufficiently stated a claim for trademark infringement and unfair competition, and has demonstrated that it will suffer irreparable injury in the absence of an injunction. The company is granted $8,386 in costs and fees and the competitor is permanently enjoined from using the trademarked name.
Court: USDC Idaho, Judge: Nye, Filed On: March 26, 2024, Case #: 4:23cv310, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition
J. Winmill dismisses an individual's complaint that she was falsely detained, was extradited from her home and given a no-contact order for her children and that she is a trust beneficiary. The individual "requests restitution for false detainment, the return of her children, and property." She fails to state a state trust law claim, Hague Convention claim, does not support her constitutional claims and cannot bring a civil claim under the Hobbs Act. "It is difficult to ascertain the basis of [the individual's] complaint." She is granted leave to amend.
Court: USDC Idaho, Judge: Winmill, Filed On: March 25, 2024, Case #: 1:24cv93, NOS: All Other Real Property - Real Property, Categories: Civil Rights, Real Estate
J. Dale grants in part environmental groups' motion for summary judgment regarding their challenge of Idaho Senate Bill 1211, which authorizes wolf trapping and snaring in grizzly bear habitat, and which they claim will lead to the unlawful "take" of grizzly bears in violation of the Endangered Species Act. The group seek to enjoin the authorization of recreational wolf trapping and snaring until the state obtains an incidental take permit from the Fish and Wildlife Service. The groups have shown they have standing and provided evidence that lawfully set wolf traps and snares are reasonably likely to take grizzly bears. The state is enjoined from authorizing wolf trapping and snaring in grizzly bear habitat except when it is reasonably certain that almost all grizzly bears will be in dens: December 1 to February 28.
Court: USDC Idaho, Judge: Dale, Filed On: March 19, 2024, Case #: 1:21cv479, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Winmill grants a seller's motion to compel discovery in a patent dispute involving the sale of a log-siding machine. The seller holds several patents covering the log-siding machine and the log-siding itself and alleges the buyer fabricated a set of discs for use with the machine which violate the seller's patents. The buyer is compelled to produce revenue information which the seller seeks.
Court: USDC Idaho, Judge: Winmill, Filed On: March 19, 2024, Case #: 4:22cv307, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Brailsford denies the government's motion to exclude expert reports and testimony in a personal injury suit brought by an individual who suffered injuries in a car collision with a government employee driving a government-owned car. The individual's vocational economic consultant's "opinions are founded on sufficient facts and data as articulated in his report." The licensed psychologist may testify that the individual "suffers from major depressive disorder with anxious distress" and that he "has somatic symptom disorder."
Court: USDC Idaho, Judge: Brailsford, Filed On: March 14, 2024, Case #: 1:21cv97, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Experts
J. Winmill grants the city's motion for summary judgment and grants the state's motion to dismiss a couple's claims that the husband's Fifth Amendment right to counsel and due process was violated when he was arrested and requested counsel, and officers did not heed his request. The claim is legally barred. Also, the couple "cannot prevail on a negligent infliction of emotional distress claim."
Court: USDC Idaho, Judge: Winmill, Filed On: March 11, 2024, Case #: 2:22cv376, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Winmill denies in part an animal processing plant's motion for summary judgment regarding a family's wrongful death and negligence claims after an employee was killed by a machine unexpectedly starting up while he was cleaning it. A reasonable jury could find that the company "knew or consciously disregarded the risk posed by the cow shovel."
Court: USDC Idaho, Judge: Winmill, Filed On: March 11, 2024, Case #: 1:22cv191, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort
J. Patricco denies the state's motion for certification of interlocutory appeal and stay pending appeal in a matter in which transgender women "challenge Idaho Medicaid’s allegedly discriminatory policies that deny transgender individuals essential and sometimes life-saving healthcare" and allege that "cisgender individuals receive coverage for the same or similar health care as a matter of course." The state has not shown substantial grounds for a difference of opinion regarding the controlling question of law. A stay of the case is not warranted. The state's motion for leave to file supplemental authority is granted.
Court: USDC Idaho, Judge: Patricco, Filed On: March 8, 2024, Case #: 1:22cv409, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights