34 results for 'judge:"Brailsford"'.
J. Brailsford grants the secretary of state's motion for summary judgment regarding a student-led organization's challenge of the constitutionality of Idaho's voter registration law. Evidence does not show that the bills were enacted to discriminate against young voters and the organization has not submitted evidence of any voter who had to pay a government fee for an ID to register to vote. "Idaho law now provides all registrants qualify for no-fee identification."
Court: USDC Idaho, Judge: Brailsford, Filed On: September 17, 2024, Case #: 1:23cv107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Brailsford denies in part a city's motion for summary judgment regarding an employee's allegations of failing to accommodate her disability and unlawful termination. A genuine, material factual issue remains regarding whether maintaining regular, in-person office hours was an essential function of the employee's HR director position and whether her requested accommodation was reasonable. The employee has provided evidence that she was able to fulfill the duties of her position while working mostly remotely and coming into the office as needed. The employee has also provided evidence that the city terminated her employment because she had long-Covid.
Court: USDC Idaho, Judge: Brailsford, Filed On: September 11, 2024, Case #: 4:22cv180, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Brailsford denies in part the city's motion for partial summary judgment regarding a brother and sister's claims of illegal entry and assault after an officer refused to let the sister close the door, by bracing it with her foot, before the sister went to get her brother for the officer, who was issuing him with a misdemeanor citation for leaving the scene of an accident. There is no evidence that the officer used excessive force against the brother, and his illegal entry claim fails because of qualified immunity. The city's motion for attorney fees is premature. The sister's excessive force and illegal entry under the Fourth Amendment claims continue.
Court: USDC Idaho, Judge: Brailsford, Filed On: September 9, 2024, Case #: 2:22cv121, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Brailsford grants summary judgment to a prosecutor and an individual regarding a neighbor's allegations of violation of his constitutional rights and malicious prosecution after he was arrested following the individual's complaints that he had threatened her and her children following a dispute over a shared easement. The individual was granted a protection order. The neighbor then dug trenches along two roads and heaped dirt onto the roads, making them impassible for the individual and blocking her access to her property. The neighbor was arrested for violating the protection order. The neighbor has not shown that the individual acted with malice or made any false statements. The prosecutor had probable cause to issue an arrest warrant.
Court: USDC Idaho, Judge: Brailsford, Filed On: September 3, 2024, Case #: 2:22cv199, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Brailsford denies in part an insurance plan administrator's motion to compel arbitration in a dispute over unpaid medical claims. The health care benefit plan alleges that the administrator is obligated to pay the uncovered claims and that the dispute is governed by the first two contracts between the parties, while the administrator claims that the issues fall under the third contract. The court, not an arbitrator, will determine which is the controlling contract. The earlier contracts govern the dispute, despite the administrator's delay in processing the claims until the third contract was in effect. The benefit plan is not required to arbitrate the dispute. The administrator's motion to dismiss the plan's claim for unjust enrichment is granted. The remaining claims continue.
Court: USDC Idaho, Judge: Brailsford, Filed On: August 28, 2024, Case #: 1:23cv552, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Arbitration, Insurance
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J. Brailsford grants a real estate brokerage company and realtor's motion to dismiss an individual's claims of negligence and breach of contract after his attempt to purchase a ranch fell through, and the balance of his earnest money for the attempted purchase has not been repaid. The individual is granted leave to amend his complaint to better articulate his relationship with the company and realtor, their inducement for him to rely on their expertise and his actual reliance on their expertise for his negligence claim. The individual "fails to allege what qualifications Defendants purportedly agreed to possess but which they lacked or misrepresented" regarding his breach of contract claim.
Court: USDC Idaho, Judge: Brailsford, Filed On: August 21, 2024, Case #: 1:22cv115, NOS: Other Contract - Contract, Categories: Real Estate, Negligence, Contract
J. Brailsford denies in part a real estate brokerage company and realtor's motion for summary judgment regarding a ranch buyer's allegations that the sellers did not return his earnest money after the purchase deal fell through. The ranch buyer's claim that he entered into an oral agreement with the realtor and the realty company for the return of his earnest money continues.
Court: USDC Idaho, Judge: Brailsford, Filed On: August 21, 2024, Case #: 1:22cv115, NOS: Other Contract - Contract, Categories: Real Estate, Negligence, Contract
J. Brailsford denies in part a deputy's motion for summary judgment regarding individuals' excessive force claims following an incident where the deputy used his taser on a father and son multiple times. The deputy was following up an a road rage incident involving the individuals, but reckless driving is a misdemeanor, and the individuals "were not threatening...any members of the public." The fact that both the father and son were tased in the back supports their claim that they were not approaching the deputy in an aggressive or threatening manner. There is a question of fact as to whether the deputy continued tasing the individuals multiple times after they were on the ground. A jury will need to determine the disputed facts before the court can rule on whether the deputy is entitled to qualified immunity.
Court: USDC Idaho, Judge: Brailsford, Filed On: August 7, 2024, Case #: 1:22cv277, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Brailsford grants in part an individual's motion to dismiss a contract dispute over electronic payment processing services in which a company alleges that it purchased rights to future compensation. The individual defendant is dismissed for lack of personal jurisdiction.
Court: USDC Idaho, Judge: Brailsford, Filed On: August 6, 2024, Case #: 2:23cv379, NOS: Other Contract - Contract, Categories: Contract
J. Brailsford grants in part the county's and officers' motion to dismiss a family's wrongful death suit after an incarcerated man was beaten to death by a fellow inmate who was classified as a medium-security inmate despite a history of violence against fellow inmates. The suit is not time-barred, however the county is entitled to immunity on the family's state law claims. The family failed to post bond in the lawsuits naming law enforcement officers. All state claims are dismissed with prejudice.
Court: USDC Idaho, Judge: Brailsford, Filed On: August 6, 2024, Case #: 4:23cv119, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death
J. Brailsford grants a health insurance administrator's motion to dismiss a class action complaint regarding a data breach. The class members have not established that they are "subject to an imminent risk of harm" and therefore they have not alleged injury-in-fact for standing. The court lacks subject matter jurisdiction. The class members are granted leave to amend.
Court: USDC Idaho, Judge: Brailsford, Filed On: July 30, 2024, Case #: 1:23cv384, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Tort, Class Action
J. Brailsford denies Walgreens' motion to disqualify and exclude a pharmacy expert witness due to an alleged conflict of interest. A customer alleges that "Walgreens negligently filled and dispensed her thyroid medication prescription with a dosage of fifty micrograms rather than the prescribed five
micrograms," causing her serious injury. The expert has shown that she is not "of counsel" for a firm that represents Walgreens, as she has not practiced law since 2008, when she became a full-time practicing pharmacist, she is currently a full-time professor, and her name was mistakenly on the law firm's website due to a merger with her husband's previous law firm where he is a transactional real estate attorney.
Court: USDC Idaho, Judge: Brailsford, Filed On: July 29, 2024, Case #: 1:22cv380, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Tort, Experts
J. Brailsford grants a hospital-based neurosurgery service provider's motion to dismiss an independent neurological surgery provider's allegations that the hospital's new on-call coverage policy, requiring the independent provider to have a neurosurgeon on call at all times, violates state and federal antitrust laws. The independent neurological surgery provider fails to sufficiently allege an antitrust injury, but are granted leave to amend. The provider has also "failed to plead an actual injury to competition."
Court: USDC Idaho, Judge: Brailsford, Filed On: July 16, 2024, Case #: 1:23cv367, NOS: Antitrust - Other Suits, Categories: Antitrust, Unfair Competition
J. Brailsford mostly denies the plaintiff nonprofit corporation's motion to dismiss the counterclaims against it in this dispute over the ownership of certain funds, which were allegedly raised to fund the defendants' vaccine mandate litigation. The counterclaims for breach of contract and fiduciary duty survive dismissal, though the individual executive has failed to establish his standing. Also, the defendants' transfer motion will be denied.
Court: USDC Idaho, Judge: Brailsford, Filed On: July 2, 2024, Case #: 4:23cv380, NOS: Other Contract - Contract, Categories: Civil Procedure, Fiduciary Duty, Contract
J. Brailsford denies in part the city and officers' motion for summary judgment regarding an individual's allegations of use of deadly force after the individual burglarized a home and stole a handgun. Officers shot the individual several times, claiming they believed he was armed, but later found that the individual was unarmed and the guns he had stolen were hidden in a neighborhood garage. As a result of the shooting, the individual suffered a spinal cord injury and is paralyzed. Bodycam footage of the incident is unclear and it is disputed whether the individual took a "shooting stance." A reasonable jury could conclude that the individual had his hands up and was walking backwards in response to conflicting commands. "Numerous genuine issues of material fact are disputed and preclude summary judgment." The officers are not entitled to qualified immunity.
Court: USDC Idaho, Judge: Brailsford, Filed On: June 12, 2024, Case #: 4:22cv313, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Brailsford denies in part a homeowners' association's motion to dismiss a property owner's allegations of violation of the Fair Debt Collection Practices Act for allegedly forming an improper homeowners’ association (HOA) and attempting to collect illegitimate debts related to the HOA. The property owner's failure to dispute the debt before suing is not a basis to dismiss his non-time-barred claims. The property owner sufficiently alleges a Louisiana Unfair Trade Practices Act claim.
Court: USDC Idaho, Judge: Brailsford, Filed On: June 6, 2024, Case #: 1:23cv252, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Real Estate
J. Brailsford grants a licensed broker-dealer's motion to dismiss, denies in part its motion to compel arbitration and stays the case pending arbitration. A credit union alleges that former employees went to work for a competitor and "aggressively solicited" its customers and employees for the benefit of the competitor. The credit union asserts claims of wrongful conduct against the competitor and former employees, but not against the licensed broker-dealer. The credit union must arbitrate its claims against the former employees, but is not required to arbitrate its remaining claims.
Court: USDC Idaho, Judge: Brailsford, Filed On: May 24, 2024, Case #: 4:23cv433, NOS: Other Contract - Contract, Categories: Arbitration, Trade Secrets, Contract
J. Brailsford denies a motion to intervene or participate as amicus curiae in a dispute between a wireless tower developer and the county over conditional use permits that were granted, then reversed on appeal. The wireless tower developer alleges that the county violated the Telecommunications Act in "prohibiting the provision of personal wireless services." The proposed intervenors did not timely file their motion to intervene, and they "have already had an opportunity to voice their 'unique and personal interests' during the application process."
Court: USDC Idaho, Judge: Brailsford, Filed On: May 17, 2024, Case #: 1:23cv127, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Communications
J. Brailsford grants the government's motion to dismiss an immigrant's motion seeking judicial review of the denial of his application for a nonimmigrant U-visa and denial of his inadmissibility waiver application. The court lacks jurisdiction to review his inadmissibility, therefore he is ineligible to obtain a visa.
Court: USDC Idaho, Judge: Brailsford, Filed On: May 14, 2024, Case #: 1:22cv291, NOS: Other Statutory Actions - Other Suits, Categories: Immigration
J. Brailsford grants a city and mayor's motion for summary judgment regarding a former city public works director's First Amendment retaliation claim and state-law claim for violation of the Idaho Protection of Public Employees Act. The former director claims that the mayor asked him to resign after he backed a different candidate for mayor, then tried to get the city council to remove him from his position, excluded him from work, and removed some of his work responsibilities, leading the director to resign. The director has not presented sufficient evidence of retaliation. His communications advocating for a city administrator position, which would alter the mayor's job responsibilities, were not protected speech because they were spoken in his capacity as a public employee. The director does not assert that his work conditions were intolerable and has not provided evidence that he felt compelled to resign.
Court: USDC Idaho, Judge: Brailsford, Filed On: May 10, 2024, Case #: 4:22cv366, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
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. 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. 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. Brailsford denies the city's motion for protective order and grants in part an employee's motion to compel the production of documents in an employment dispute. The employee alleges that she was fired after requesting accommodations of working from home while recovering from her long-haul Covid-19 symptoms. The city should produce a privilege log listing documents individually, " describing the document with sufficient particularly to show a privilege applies." The employee will be permitted to reopen certain dispositions and the city will bear the expense. There is no evidence that the employee willfully withheld a spreadsheet and emails.
Court: USDC Idaho, Judge: Brailsford, Filed On: February 27, 2024, Case #: 4:22cv180, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Discovery, Employment Discrimination
J. Brailsford grants in part an employer's motion to strike expert testimony regarding an employee's allegations of gender discrimination. The employee alleges that her employer abruptly removed her from a lucrative account because the client refused to work with her because she's a woman. The expert in company management and procedures in the employee's field cannot opine on discrimination
Court: USDC Idaho, Judge: Brailsford, Filed On: January 29, 2024, Case #: 1:21cv31, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Brailsford denies the county's motion to dismiss a cell phone tower building and management company's challenge of a denial of its conditional use permit application to construct a cellphone tower. The tower company claims that the tower is needed to address a gap in cellular coverage. The county has not provided evidence to support its claim that the company failed to state a claim for relief
Court: USDC Idaho, Judge: Brailsford, Filed On: January 11, 2024, Case #: 1:23cv127, NOS: Other Statutory Actions - Other Suits, Categories: Communications
J. Brailsford grants the government's motion to compel and for sanctions in a discovery dispute. The government issued a hold on a couple's passports over a delinquent federal income tax liability. The couple initiated a suit seeking to invalidate the IRS’s delinquent tax certification. The government counterclaimed for a monetary judgment against the couple for their unpaid income taxes. The couple dismissed their complaint, leaving the countersuit as the only remaining claim. The couple does not dispute that the information the government seeks is discoverable. The couple is ordered to clarify their answers to interrogatories within 30 days. The government's request for documents in the possession of the couple's former CPA is granted. Because the motion to compel is granted in full, the motion for sanctions is granted.
Court: USDC Idaho, Judge: Brailsford, Filed On: January 8, 2024, Case #: 2:22cv203, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Sanctions, Tax
J. Brailsford denies an individual's motion for partial summary judgment regarding allegations of excessive force after police fired a less-lethal round at him and released a police dog on him. The individual was arrested after leading police on two car chases then failed to appear in court while he was out on bond. A warrant was issued for his arrest. The individual again led police on a high-speed chase, and after officers found him, they fired a less-lethal round at him, then released a police dog when the individual did not comply with commands to lie face down, and instead reached for his waistband. The individual did not submit a statement of facts supporting his motion for partial summary judgment. The officers are entitled to qualified immunity.
Court: USDC Idaho, Judge: Brailsford, Filed On: December 20, 2023, Case #: 1:22cv105, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Brailsford grants a ranch owner's motion for summary judgment in a property purchase dispute with a neighbor. The seller-neighbor violated the 60-day agreed upon timeframe for the ranch owner to consider meeting another buyer's offer on the neighboring property. When the ranch owner notified the neighbor of his intent to meet the other buyer's offer, "an enforceable contract arose between" them.
Court: USDC Idaho, Judge: Brailsford, Filed On: December 8, 2023, Case #: 3:22cv216, NOS: All Other Real Property - Real Property, Categories: Real Estate, Contract