8 results for 'judge:"Beckerman"'.
J. Beckerman grants the estate's motion to compel the Department of Human Services to produce documents in the estate's complaint that DHS placed the child in a home where the foster parent did not properly administer the medication for the child's congenital heart defect and did not take him to a cardiac rehabilitation appointment, resulting in the child's death. DHS is to produce all tort claim notices about alleged abuse, neglect or deaths of foster children in District 1's custody from 2013 to the present, because the existence of persistent violations are relevant to a case involving the death of a foster child as the result of alleged neglect from his foster parent and the agency that placed him with the foster parent.
Court: USDC Oregon, Judge: Beckerman, Filed On: April 9, 2024, Case #: 3:23cv705, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Discovery
J. Beckerman awards the employees $556,800 in attorney and paralegal fees for their class action accusing the used car dealership and others of not paying the employees their owed minimum and overtime wages. The employees argue that they are entitled to $725,100 in attorney fees, but while an hourly rate of $530 for the attorney is reasonable given his experience, unique expertise and the issue presented, the slightly difficult nature of the case is not enough to justify the requested $630 hourly rate.
Court: USDC Oregon, Judge: Beckerman, Filed On: March 12, 2024, Case #: 3:18cv372, NOS: Fair Labor Standards Act - Labor, Categories: Attorney Fees, Labor
J. Beckerman finds in favor of the inspectors against the facility resident's complaint that the inspectors' investigation produced a false positive for drugs that caused the Oregon Department of Corrections to wrongly charge the facility resident with various rule violations, including possession and distribution of drugs. Even if one of the inspectors incorrectly interpreted the tests -- which seems to be shown by the Oregon State Crime Lab's follow-up testing -- that is not enough to establish a retaliatory motive or undermine the inspectors' use of the XCAT machine test to verify their results, nor does the facility resident show other evidence to support his claims.
Court: USDC Oregon, Judge: Beckerman, Filed On: March 4, 2024, Case #: 2:20cv866, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Prisoners' Rights
J. Beckerman partially denies summary judgment to the transportation company against the bus operator's Family and Medical Leave Act and Oregon Family and Medical Leave Act claims as part of the bus operator's lawsuit alleging that the transportation company fired him for taking medical leave. There are genuine issues of material fact as the evidence suggests that a doctor never completed the necessary steps for the bus operator's driver's medical examination, the transportation company stopped the bus operator from returning to work and fired him despite the bus operator passing the only complete Department of Transportation (DOT) physical he had before his DOT card expired.
Court: USDC Oregon, Judge: Beckerman, Filed On: September 8, 2023, Case #: 3:21cv768, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
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J. Beckerman finds in favor of the employees on their Fair Labor Standards Act claims, which allege that the automobile dealership owners did not pay the employees and the collective members minimum wages and overtime. The dealership owners do not present evidence that adequately explains what they did to pay the employees after the regular payday or to show that they issued a notice that they complied with the FLSA.
Court: USDC Oregon, Judge: Beckerman, Filed On: July 25, 2023, Case #: 3:18cv372, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Evidence, Labor
J. Beckerman denies partial summary judgment to the insurance company for the insured's claim that the company must provide coverage for injuries the insured sustained from an accident with an uninsured motorist. The insured's negligence per se claim does not fail as a matter of law because the case that the insurance company relies on for its argument against the claim does not apply.
Court: USDC Oregon, Judge: Beckerman, Filed On: June 30, 2023, Case #: 3:22cv1216, NOS: Insurance - Contract, Categories: Insurance, Negligence
J. Beckerman partially grants the business management consultant's motion to vacate a default judgment in favor of the engineering services company for its claim that the consultant infringes on the engineering company's trademark. The record suggests that the consultant did not receive notice of the action until after default judgment was entered, at which point it appeared. As such, the engineering company's post-judgment requests for attorney fees and bill of costs are denied.
Court: USDC Oregon, Judge: Beckerman, Filed On: June 13, 2023, Case #: 3:21cv1584, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees