8 results for 'judge:"Grasham"'.
J. Grasham denies in part the government's motion to dismiss a dispute over ninety-three rights-of-way that cross public lands. The county seeks to validate that the rights-of-way are public roads. The government seeks to dismiss for lack of subject matter jurisdiction. The county has shown a disputed title as to nine roads under the Quiet Title Act.
Court: USDC Idaho, Judge: Grasham, Filed On: February 9, 2024, Case #: 1:21cv70, NOS: All Other Real Property - Real Property, Categories: Real Estate
J. Grasham denies landowners' motion for summary judgment in a dispute over the use of an irrigation ditch that crosses government land. The landowners seek to quiet title regarding their rights of use of and access to the irrigation ditch from which they receive water for their land. "No easement or right of way existed when the United States acquired ownership of its parcel in 1933," therefore the landowners have not established the existence of an easement or right of way under the Mining Act or the Desert Land Entry Act.
Court: USDC Idaho, Judge: Grasham, Filed On: December 12, 2023, Case #: 4:20cv325, NOS: All Other Real Property - Real Property, Categories: Real Estate
J. Grasham grants an individual and organizations' motion for preliminary injunction to enjoin the State from enforcing Idaho’s abortion trafficking statute, Idaho Code Section 18-623, which criminalizes adults who assist pregnant minors who are seeking abortions. The individual and two organizations who provide assistance to pregnant people, including minors, allege the statute is unconstitutionally void for vagueness and infringes on the fundamental right to intrastate travel. The organization and individual's "facial vagueness challenge further establishes a constitutional interest upon which Article III standing can be tested pre-enforcement." The statute "plainly prevents Plaintiffs from engaging in their intended protected activities of communicating information, advocacy, support, assistance, funding, and association with minors located in Idaho who are seeking to procure or obtain legal abortion services."
Court: USDC Idaho, Judge: Grasham, Filed On: November 8, 2023, Case #: 1:23cv323, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Grasham denies in part the state's motion to dismiss an individual and organizations' claim that Idaho’s criminal abortion trafficking statute, Idaho Code Section 18-623, is unconstitutional. The organization and individual have stated plausible claims that the statute violates their constitutional rights under the First and Fourteenth Amendments and that it infringes on their right to interstate travel.
Court: USDC Idaho, Judge: Grasham, Filed On: November 8, 2023, Case #: 1:23cv323, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Grasham, in a report and recommendation, finds that an individual's motion for entry of default judgment should be denied in a warranty and repair dispute. The dealership's failure to timely answer does not warrant an entry of default judgment.
Court: USDC Idaho, Judge: Grasham, Filed On: October 18, 2023, Case #: 1:22cv449, NOS: Other Contract - Contract, Categories: Contract
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J. Grasham denies a company's renewed motion for a directed verdict and motion for a new trial in an employment dispute. A jury found in favor of the employee, determining that the company unlawfully retaliated against her in firing her after she discussed filing a complaint for a supervisor's racist remarks about her and his unwanted touching. The company has not shown that the jury's verdict was contrary to evidence presented at trial. Final judgment will be entered in favor of the employee, and she is awarded $300,000 in back pay plus prejudgment interest as well as $130,333 in front pay.
Court: USDC Idaho, Judge: Grasham, Filed On: June 15, 2023, Case #: 1:20cv437, NOS: Employment - Civil Rights, Categories: Employment