15 results for 'judge:"Cartwright"'.
J. Cartwright grants the hotel partial summary judgment for its claim that the insurance company wrongfully denied the hotel coverage for property damaged caused by water on the basis that the damage occurred before the policy date. Undisputed facts show that some damage happened after the police period began, such as the new instances of interior damage that began in heavily trafficked areas of the hotel, which is enough to trigger coverage.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: April 30, 2024, Case #: 2:22cv1344, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Cartwright denies the video game company summary judgment for the contract claim in the video game developer's complaint alleging that the company refused to pay the developer royalties for the game "7 Days to Die." The video game company argues that the statute of limitations for the video game developer's claim began when the company first paid him on “net profits after expenses," but the contract in question was part of continuing services, so the statute of limitations does not apply.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: April 10, 2024, Case #: 3:22cv5718, NOS: Other Contract - Contract, Categories: Contract
J. Cartwright partially denies the government's motion to dismiss the government-contracted worker's complaint alleging that his excavator slid on the government's forest route, leading to his injuries. The government seeks to dismiss the worker's claims based on the discretionary function exception to the Federal Tort Claims Act, but the worker's claim that the Forest Service allowed logging to begin over the stretch of road where the worker's accident happened despite the contractor pointing out the hazard of an eroded shoulder survives, because that depends on disputed facts that must be resolved at trial.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: April 2, 2024, Case #: 3:22cv5303, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort
J. Cartwright denies the video game developer's summary judgment against the video game company's unjust enrichment claim in his complaint alleging that the company refused to pay the developer royalties for the game "7 Days to Die." The unjust enrichment claim currently survives summary judgment, though the developer can address the summary judgment standard since the company clarifies the legal theory underlying its second counterclaim. Both parties are to submit a supplemental brief addressing if the video company presented enough evidence for unjust enrichment.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: March 19, 2024, Case #: 3:22cv5718, NOS: Other Contract - Contract, Categories: Contract
J. Cartwright grants the travel bag company statutory damages that are three times the aggregate sales of the counterfeit products that each of the sellers made by selling those unauthorized products on Amazon. The travel bag company shows that it owns the trademark associated with childcare travel accessories at issue and that the sellers advertised and sold the counterfeit products that confused customers into believing that they were buying genuine products.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: March 4, 2024, Case #: 2:20cv1215, NOS: Trademark - Property Rights, Categories: Trademark, Damages
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J. Cartwright partially grants the Connecticut insurance company summary judgment against the New York insurance company's complaint that it has no duty to defend a third party in an underlying lawsuit, even as the Connecticut insurance company argues that the New York insurance company does not have a claim to any defense cost reimbursement. Previous Washington courts found that insurers can share defense costs equally, and the New York insurance company does not have a right to claim reimbursements for its defense costs because it was obligated to do so concurrently with the Connecticut insurance company.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: February 9, 2024, Case #: 2:22cv1114, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. Cartwright approves of the consent decree between the environmental protection organization and the marina for the former's lawsuit asserting that the latter and others violated the Clean Water Act by discharging pollutants into Puget Sound and Commencement Bay from areas where they store materials. Among other stipulations, the marina and others shall clean up the facility of all loose materials that are either stored or discharged outside the facility, including the area that is west or northwest of the facility's paved parking lot.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: January 5, 2024, Case #: 3:23cv5432, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Cartwright denies the Michigan-based company’s motion for a preliminary injunction for its complaint that the state agency used an unconstitutional law that favors Washington state residents over out-of-state residents to deny the Michigan-based company’s retail cannabis license application for the Social Equity Application Program. The Michigan-based company cannot show a likelihood of success on the merits of its claim, because the Michigan-based company does not cite any Ninth Circuit or Ninth Circuit district court decision that argues that the dormant Commerce Clause prevents a residency preference for a cannabis retail license.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: January 5, 2024, Case #: 3:23cv6111, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Commerce, Injunction
J. Cartwright denies the healthcare company's motion to dismiss the current and former employees' failure to accommodate claim in their lawsuit alleging that the employees had to go on unpaid leave after the healthcare company rejected their religious exemption applications to the Covid-19 vaccine. The employees plausibly allege that their placement on indefinite unpaid administrative leave was an adverse employment action and not a reasonable accommodation, because the employees allege that the healthcare company could have transferred them to other positions or allowed them to use more protective equipment and measures.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: November 9, 2023, Case #: 3:22cv5960, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Class Action
J. Cartwright denies the corrections officer's motion to dismiss the ex-convict's Fourth Amendment excessive force claim against him, which alleges that the corrections officer punched and otherwise assaulted the ex-convict after ordering him to provide a urine sample for random drug testing, breaking the bones in the ex-convict's right hand in the process. The ex-convict's excessive force claim falls under the Fourth Amendment because he was out on community custody when he was arrested for violations of his community custody sentence, and the corrections officer does not have qualified immunity for the ex-convict's claim because there are three other cases establishing the ex-convict's right of freedom from excessive force.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: October 27, 2023, Case #: 3:22cv5029, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Cartwright declines to dismiss the paper distributor's breach of contract claims based on the interference with transferred insurance assets in the distributor's lawsuit alleging that the pulp and paper company tendered an environmental claim to the paper distributor's insurance companies but prevented the paper distributor from accessing historic insurance assets of the property it purchased from the pulp and paper company. The distributor plausibly alleges that the insurance assets were "intangible property" that were transferred upon the closing of the asset purchase agreement, and that the pulp and paper company breached the agreement by preventing the paper distributor from obtaining coverage under the insurance policies.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: September 6, 2023, Case #: 3:22cv5743, NOS: Other Contract - Contract, Categories: Insurance, Contract