32 results for 'judge:"Aiken"'.
J. Aiken dismisses without prejudice the homeowner's complaint that the detective wrongfully arrested him for unlawful possession of heroin and methamphetamine without probable cause. The detective had reason to believe that the homeowner had a usable quantity of heroin because the detective found what he believed was evidence of methamphetamines in the homeowner's bedroom, including used syringes, empty baggies and a piece of foil with a burnt substance.
Court: USDC Oregon, Judge: Aiken, Filed On: April 26, 2024, Case #: 6:21cv1648, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Police Misconduct
J. Aiken denies the government's motion to stay proceedings while its writ of mandamus is pending in the 9th Circuit. The young activists claim that the government knowingly destabilized the Oregon population's climate system by approving of the Jordan Cove Liquified Natural Gas Terminal in Coos Bay, which became the largest source of carbon dioxide emissions in Oregon. The government and others repeatedly delayed the case from entering the evidentiary phase for almost 10 years, and they do not identify any new issues that would justify a further stay or convince this court that the 9th Circuit is likely to grant the petition for mandamus.
Court: USDC Oregon, Judge: Aiken, Filed On: April 19, 2024, Case #: 6:15cv1517, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Environment, Government
J. Aiken dismisses the substitute teacher's complaint that the school district fired him for not receiving the Covid-19 vaccine. The substitute teacher claims that the school district violated his religious rights by firing him, but he does not show how the earlier deadline for reporting on vaccination status is discriminatory, nor does he present evidence of any pretext for discriminatory termination.
Court: USDC Oregon, Judge: Aiken, Filed On: March 31, 2024, Case #: 6:23cv688, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Aiken grants the receiver's petition to void the deeds of trust that the multi-family real estate developer's managing partner issued regarding the homeowners association complaint, which alleges that the bank owes housing association fees on a property it assumed during the previous owner's bankruptcy proceedings. All evidence that suggests that the contractor, not some other entity, damaged the window is likely second-hand information and supposition, so the multi-family real estate developer and the unit owner do not prove that the contractor working for the homeowners association caused the damage.
Court: USDC Oregon, Judge: Aiken, Filed On: March 29, 2024, Case #: 6:16cv300, NOS: All Other Real Property - Real Property, Categories: Property, Contract
J. Aiken denies the insurance company partial summary judgment against the insureds' complaint alleging that the insurance company did not pay for covered losses such as the insulation remediation in the attic and underflooring of the insureds' home, which suffered smoke damage from wildfires in the Detroit, Oregon area. At this point, a reasonable juror could conclude that the insurance company sent an adjuster that negligently overlooked the damage in the attic and the underfloor area.
Court: USDC Oregon, Judge: Aiken, Filed On: March 28, 2024, Case #: 6:22cv1798, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
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J. Aiken dismisses the employees' state law claims alleging that the union refused to allow the employees to opt out of a joining the union. The employees do not allege that the state directed the union's allegedly unconstitutional conduct, specifically by not showing how the union did something that is traditionally the government's job or that the state encouraged this unidentified conduct.
Court: USDC Oregon, Judge: Aiken, Filed On: March 28, 2024, Case #: 6:22cv906, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Labor / Unions
J. Aiken grants the sheriff's motion for sanctions in the the state police trooper's lawsuit alleging that the deputy sheriff and the deputy sheriff sergeant denied him due process when they wrongfully arrested him for driving under the influence. Sanctions are appropriate in this matter, because the state police trooper violated the sheriff's office's discovery requests by not preserving his text messages and emails.
Court: USDC Oregon, Judge: Aiken, Filed On: March 21, 2024, Case #: 6:21cv1622, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Discovery
J. Aiken dismisses the former legislative equity officer's complaint alleging that the state forced him to resign because he reported the former interim legislative equity officer's unlawful practices. The former legislative equity officer claims that the state released a memo to the press describing inaccuracies in his application for the job, but a journalist had sought a public records request for the memo and he was not entitled to a notice of this request.
Court: USDC Oregon, Judge: Aiken, Filed On: March 11, 2024, Case #: 6:22cv604, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
J. Aiken dismisses the students' class action alleging that the Oregon Department of Education misused shortened school day schedules for disabled students between the ages of 3 and 21, and that the misused shortened school days caused these students to “frequently fall behind academically and miss out on critical social opportunities in which they can practice appropriate behaviors.” The students argue that SB 819 leaves them vulnerable to harm to their education and social opportunities, but SB 819 was enacted to protect the students in the ways they identified in this case.
Court: USDC Oregon, Judge: Aiken, Filed On: February 29, 2024, Case #: 6:19cv96, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Education, Class Action
J. Aiken dismisses the respiratory therapist's complaint alleging that the healthcare company placed her on unpaid administrative leave after it granted her a religious exception for the Covid-19 vaccine. The respiratory therapist says that taking the vaccine would violate "the purity of her body," but she does not explain how or what specific religious beliefs taking the vaccine violates.
Court: USDC Oregon, Judge: Aiken, Filed On: February 21, 2024, Case #: 6:23cv12, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Aiken grants the delivery driver's corrected motion for conditional certification regarding his class action accusing the Domino's Pizza franchise owner of not reimbursing the delivery drivers for gas and other automobile expenses. The delivery driver achieves conditional certification as a proposed collective for all delivery drivers employed by the franchise owner since Oct. 31, 2019, because the franchise owner's own declaration shows that he had the authority to hire and fire these employees as well as implement policies concerning them.
Court: USDC Oregon, Judge: Aiken, Filed On: January 9, 2024, Case #: 6:22cv1668, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Aiken denies the government's motion to dismiss the young activists' due process claim asserting that the government knowingly destabilized the Oregon population's climate system by approving of the Jordan Cove Liquified Natural Gas Terminal in Coos Bay, which became the largest source of carbon dioxide emissions in Oregon. The young activists adequately allege infringement of a fundamental right by stating that governmental action substantially damaged the climate system in a way that will cause human deaths and shorten human life spans, and that the Constitution’s protection of right to life includes a life "free from knowing government destruction of their ability to breathe, to drink, or to live."
Court: USDC Oregon, Judge: Aiken, Filed On: December 29, 2023, Case #: 6:15cv1517, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Environment, Due Process
J. Aiken denies the Republican state senators' motion for a preliminary injunction in their complaint alleging that their absences from a planned walkout were improperly marked as unexcused so that they would be unable to run for reelection due to Measure 113, which blocks lawmakers with 10 or more unexcused absence from running for election. The senators do not prove that using a legislative walkout is a constitutionally protected activity under the First Amendment, and they do not prove that an injunction is in the public interest because Measure 113 is a voter-approved measure intended to curb legislative walkouts.
Court: USDC Oregon, Judge: Aiken, Filed On: December 13, 2023, Case #: 6:23cv1624, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Elections, Injunction
J. Aiken grants the consumer default judgment on all but the unjust enrichment claim of his lawsuit accusing the research and product development company of selling a supercritical fluid extractor after the delivery date and in an unusable state. Because the consumer establishes that he met his obligations under the agreement and that the company violated its warranty by delivering a defective item late, the consumer and Caldera Group are entitled to $6.9 million in damages.
Court: USDC Oregon, Judge: Aiken, Filed On: December 6, 2023, Case #: 1:22cv1076, NOS: Other Contract - Contract, Categories: Damages, Warranty, Contract
J. Aiken dismisses the employee's complaint that the school district violated his 14th Amendment rights by putting him on unpaid leave when he refused to comply with Oregon Health Authority's Covid-19 vaccine and mask requirements for all school employees. There is already precedent for courts that upheld Covid-19 vaccination requirements in public education. The employee's decision to not take the vaccine does not qualify as "forced experimentation" as his complaint suggests, and there are no stated facts that could make any amendment valid or sufficient.
Court: USDC Oregon, Judge: Aiken, Filed On: November 30, 2023, Case #: 6:23cv169, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Covid-19
J. Aiken denies the mortgage lender's motion to dismiss the negative credit reporting claim in the homeowner's class action alleging that the lender accepted the homeowner's loan payments but reported them as late on his credit report. The homeowner sufficiently alleges that he suffered harm when the lender reported disputed past due amounts, because this allegedly false reporting denied the homeowner access to higher credit.
Court: USDC Oregon, Judge: Aiken, Filed On: November 17, 2023, Case #: 6:22cv1922, NOS: Commerce - Other Suits, Categories: Commerce, Class Action
J. Aiken declines to dismiss the general contractor's complaint alleging that the subcontractor wrongfully submitted project revisions that would substantially increase the amount needed to buy the materials. The parties engaged in extended discovery so there is a substantial likelihood that the general contractor and the subcontractor possess information supporting or undermining the former's claims, so the parties are to schedule a telephonic status conference to discuss the next steps to resolve this case.
Court: USDC Oregon, Judge: Aiken, Filed On: November 8, 2023, Case #: 6:22cv1575, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Aiken finds in favor of the woodworking and metalworking machinery company against the carpenter's complaint that the company's half benchtop planer cut off four of the carpenter's fingers when he reached in to dislodge dust from the accompanying dust hood. The carpenter acknowledged in his own deposition that he acted against the planer's warnings when he reached into it while it was running, and he could have simply turned the machine off before reaching in to dislodge the dust.
Court: USDC Oregon, Judge: Aiken, Filed On: October 19, 2023, Case #: 6:22cv1200, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability
J. Aiken dismisses the timber and wood products company as a defendant in the seasonal agricultural worker's case alleging that she was fired for reporting a co-worker for sexually inappropriate advances. There is no evidence that the timber and wood products company acted as a joint employer of the worker because it did not supervise, direct or otherwise control the worker or her schedule.
Court: USDC Oregon, Judge: Aiken, Filed On: October 13, 2023, Case #: 6:22cv882, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Evidence
J. Aiken dismisses the workers' complaint that former Oregon Gov. Kate Brown and former Director of the Oregon Health Authority Patrick Allen violated their rights to due process and equal protection, as the state officials' vaccine mandates required the workers to receive the Covid-19 vaccine even if they had a "natural immunity" due to contracting and recovering from the disease. The challenged vaccine mandates are linked to a legitimate state interest, and the workers do not present a remedy that would justify filing an amended complaint.
Court: USDC Oregon, Judge: Aiken, Filed On: September 30, 2023, Case #: 6:21cv1332, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Covid-19
J. Aiken grants judgment in favor of the daughter for her complaint alleging that Legacy Health wrongfully denied her claim for mental health treatment even though her mother is a participant of the employee welfare benefits plan. The lack of pre-approval is not a stated basis to deny the daughter coverage because although there were available in-network options, her mother was told that retroactive authorization was an option and PacificSource denied the request despite not seeking authorization until after the daughter already received treatment.
Court: USDC Oregon, Judge: Aiken, Filed On: September 28, 2023, Case #: 6:20cv705, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Health Care, Insurance
J. Aiken denies summary judgment to the mortgage company on the loanee's Oregon Unlawful Trade Practices Act claim in her complaint alleging that the mortgage company made a negative “lender paid expense adjustment," adding to her mortgage balance despite the loanee paying the deferred forbearance balance and having her loan suspended during the Covid-19 pandemic. It is undisputed that the loanee made payments to fully clear her forbearance balance but that it remained on her account after she made the payments, and the loanee establishes that she suffered damages because the forbearance amount on her loan stopped her from refinancing her loan before the interest rates rose beyond her current rate.
Court: USDC Oregon, Judge: Aiken, Filed On: September 18, 2023, Case #: 6:22cv178, NOS: Banks and Banking - Other Suits, Categories: Damages, Banking / Lending, Covid-19
J. Aiken finds in favor of the sheriff's office against the state police trooper's lawsuit alleging that the deputy sheriff and the deputy sheriff sergeant denied him due process when they wrongfully arrested him for driving under the influence. The deputy sheriff and the deputy sheriff sergeant had probable cause to arrest the state police trooper without a warrant based on their observations, such the trooper crashing his car on a flat stretch of paved road and then admitting to drinking alcohol earlier that day.
Court: USDC Oregon, Judge: Aiken, Filed On: August 31, 2023, Case #: 6:21cv1622, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process
J. Aiken finds in favor of the New Jersey insurance company against the Ohio insurance corporation's claim that the New Jersey insurer must cover damages in an underlying contract lawsuit involving the parties' mutual insured. The underlying lawsuit does not allege any bodily injury to tangible property or the loss of use of tangible property that would trigger coverage from the New Jersey insurer's policy.
Court: USDC Oregon, Judge: Aiken, Filed On: August 11, 2023, Case #: 6:20cv2145, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Aiken finds in favor of the door supplier on the truck driver's claim that during the unloading of the door supplier's windows from his truck, the stack shifted, struck the truck driver on the head and knocked him to the ground, at which point more windows fell on him. While the door supplier did control how the stacks were loaded and secured onto the truck, it did not negligently cause the truck driver's injuries because it was not in charge of the transporting or unloading processes. This responsibility fell on the truck driver and his employer.
Court: USDC Oregon, Judge: Aiken, Filed On: August 7, 2023, Case #: 6:20cv1030, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Negligence
J. Aiken grants preliminary approval of a $7.35 million settlement in the hourly employees' class action accusing the health care company of unlawfully time-rounding the employees' work hours to pay them less. The net settlement fund amounts to approximately 54% of the employees' allegedly lost wages. Class members' settlement payments will be calculated proportionally based on each member's net time clock calculation.
Court: USDC Oregon, Judge: Aiken, Filed On: July 17, 2023, Case #: 6:21cv825, NOS: Other Labor Litigation - Labor, Categories: Employment, Settlements, Class Action
J. Aiken denies summary judgment to the sheriff's office for the deputy sheriff's claim that it fired her for opposing the office's practice of subjecting its female employees to mandatory overtime more often than its male employees. The deputy sheriff plausibly alleges that she and other female employees suffered injury under the office's gender discriminatory conduct, as being at greater risk of falling under mandatory overtime with less predictable circumstances harms morale.
Court: USDC Oregon, Judge: Aiken, Filed On: June 28, 2023, Case #: 6:20cv1440, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Aiken grants the estate representative's motion for sanctions claiming that the healthcare company purged its emails of evidence related to the lawsuit alleging the county's subordinates were responsible for the decedent's death. The estate representative plausibly alleges its claim because the first email purge happened after the healthcare company received notices of a tort claim and evidence preservation, and the healthcare company denied doing so for months despite repeated inquiries.
Court: USDC Oregon, Judge: Aiken, Filed On: June 14, 2023, Case #: 6:19cv1883, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Discovery