19 results for 'judge:"Dimke"'.
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. 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. 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
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J. Dimke partially denies summary judgment to the family for their complaint that the school district's employee did not prepare an adequate emergency care plan for their child's asthma, which allegedly led to his death after 18 days on life support following a severe asthma attack. While it is undisputed that the school district had some knowledge of the child's asthma from previous school years, a dispute remains as to the extent and timing of this knowledge.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: March 15, 2024, Case #: 4:19cv5038, NOS: Other Civil Rights - Civil Rights, Categories: Education, Negligence, Wrongful Death
J. Dimke dismisses the family member's complaint alleging that the hospital and others prescribed pain medication to the decedent, contributing to her addiction and her eventual death from “the toxic effects of multiple drugs.” The family member does not establish a proper basis for this court to exercise personal jurisdiction over the hospital, because although the hospital and others transmitted prescriptions to Washington pharmacies, the family member does not cite any authority supporting their argument that a prescription transmission to an out-of-state pharmacy at the patient's request is enough to show a purposeful direction.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: March 14, 2024, Case #: 2:23cv31, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Jurisdiction, Medical Malpractice
J. Dimke grants default judgment to the insurance company for its complaint that it has no duty to cover the insured's claim relating to a collision that occurred when someone else was driving his insured vehicle. The loss is excluded by the policy's employee exclusion clause, as the insurance company believes that the man who drove the car during the accident was the insured's employee. The insured's lack of cooperation in confirming or denying this prejudiced the insurance company in this case.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: March 8, 2024, Case #: 4:23cv5043, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Contract
J. Dimke denies Daimler Truck's motion for a protective order over questions such as where the company placed "safety" among other criteria, as part of the family's suit accusing Daimler of not equipping its semi-truck with collision warnings and automatic emergency braking, resulting in the truck driver hitting and killing a pedestrian. Daimler argues that topics 1 through 4 should be limited at deposition because they seek information to leverage a juror to artificially increase a damages award, but its compliance with industry safety customs and ensuring its products were safe are relevant to this case.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: February 2, 2024, Case #: 1:23cv3054, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability, Wrongful Death, Discovery
J. Dimke denies default judgment to the Belgian ice cream producer for its complaint alleging 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. Although the Belgian ice cream producer had difficulties in serving process to the manufacturing company, it should have served all four email addresses contained in the court's previous authorization.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: September 28, 2023, Case #: 2:22cv29, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Dimke denies judgement as a matter of law to the prison healthcare services company against the sole-surviving child's complaint alleging that the former did not give her mother adequate medical care while she was in Spokane County's jail for drug possession, resulting in her death. The prison healthcare services company claims that the nurse, not the company, is ultimately responsible for denying the decedent healthcare, but the nurse believed that the decedent required monitoring for medical issues and thus sent the decedent to medical watch as part of the prison healthcare services company's unofficial custom.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: September 27, 2023, Case #: 2:20cv410, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Dimke dismisses the Christian nonprofit's lawsuit alleging that the state of Washington wrongfully enforces the Washington Law Against Discrimination in a way that narrows the religious exemption, which could allow job applicants to sue the Christian nonprofit for refusing to hire them on the basis of their sexual orientation. Although the nonprofit has sufficiently pled that it has a concrete plan to violate the law, it has failed to prove a credible threat of prosecution by the Washington State Human Rights Commission or the Washington State Attorney General.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: September 1, 2023, Case #: 1:23cv3027, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Lgbtq
J. Dimke denies judgment as a matter of law to the nursing student after a jury found in favor of the university for the student's claim that he was discriminated against for checking himself into a mental health facility, where he stated that he had homicidal ideations. It was reasonable for the jury to determine that the student's homicidal ideations "constituted a serious and credible threat to maim or kill instructors and thereby negated his status as a qualified individual" under the Americans with Disabilities Act.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: August 30, 2023, Case #: 4:18cv5089, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Education
J. Dimke denies partial summary judgment to the National Guard member for his claim that the consumer loan company's employee did not properly transfer the house's mortgage to another customer, resulting in the other customer holding the house's title while the National Guard member is stuck with the mortgage. While there is clear evidence of miscommunication between the parties, such as emails indicating that “the mortgage is tied to the home,” there is not enough evidence to indicate if this was a simple miscommunication or if the consumer loan company's employee deliberately gave bad advice. The National Guard member and the consumer loan company shall file a joint status report and a joint proposed scheduling order on or before June 21, 2023.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: June 7, 2023, Case #: 2:22cv105, NOS: Other Contract - Contract, Categories: Business Practices, Contract
J. Dimke dismisses the family's lawsuit alleging that the city's paramedics' negligent administration of epinephrine via IV to the asthma-suffering decedent caused a seizure that exacerbated his severe asthma attack, causing the decedent to die 18 days later. Although the paramedics did not explicitly document their deviations from protocol, such as not calling the hospital before administering IV epinephrine, they acted according to their observations and training to aid their patient under the supervision of a trained doctor, and thus acted with "slight care" that negates the family's negligence claim.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: June 2, 2023, Case #: 4:19cv5038, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence