51 results for 'judge:"Kobayashi"'.
J. Kobayashi dismisses a complaint that accuses the state of providing pornography to minors through its public library system, finding that the woman’s claims that children have been sexually abused at state libraries are not detailed or backed up by facts. Other claims she made also do not relate to each other or the library. Further, she does not have standing to bring claims on behalf of unnamed minor children as she does not assert any relationship with them.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: May 3, 2024, Case #: 1:24cv101, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government
J. Kobayashi dismisses a homeowner’s trespass and nuisance claims against Airbnb for allowing illegal rentals to proliferate in his neighborhood, but allows his false advertising claim to remain. The trespass and nuisance claims fail because the homeowner does not establish a link between Airbnb and the subcontractors he says are making noise that trespass on his property. However, Airbnb is not immune from the homeowner’s false advertising claims, despite their assertion that they only play host to rental owners, as the homeowner “challenges content created by Airbnb itself, not content created by a third party,” in reference to Airbnb’s promotion of itself. Its advertising promotes rentals on their site as legal, and Airbnb is not immune to claims made against its own content.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 30, 2024, Case #: 1:23cv243, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, False Advertising
J. Kobayashi partially grants a motion in limine by the government regarding testimony by doctors and other experts in a case where military families accuse the government of causing jet fuel contamination in their drinking water. A physician can testify to one families’ treatment and causation as long as it corresponds with the previous medical record. The families’ toxicology expert may only testify on diagnoses and prognoses, but not causation. A pair of life planners can rely on medical records in their testimony, as it is common practice in their industry.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 22, 2024, Case #: 1:24cv59, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Experts
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J. Kobayashi partially grants summary judgment to the U.S. Navy in for part of negligence claims against it by military families who became sick after jet fuel leaked into the water system. The families did not provide sufficient causation evidence for their special damages claim related to medical monitoring and testing for the risk of future health effects. However, summary judgment is denied for claims of fear of future injury.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Water
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv585, NOS: Torts to Land - Real Property, Categories: Government, Landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv587, NOS: Torts to Land - Real Property, Categories: Government, Landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords that evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv588, NOS: Torts to Land - Real Property, Categories: Environment, Government, Landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv584, NOS: Torts to Land - Real Property, Categories: Government, Landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv583, NOS: Torts to Land - Real Property, Categories: Government, Landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv586, NOS: Torts to Land - Real Property, Categories: Government, Landlord Tenant
J. Kobayashi partially excludes reports and testimony from a doctor and toxicology expert who assessed military families who are bringing claims against the U.S. Navy for jet fuel water contamination. The doctor’s opinions on the contamination causing the families’ short term medical issues are admissible as long as they do not rely on studies done exclusively on animals. The doctor cannot testify as to the long term effects, however, as he does not establish specific causation to the jet fuel.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 9, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Government, Water
J. Kobayashi partially excludes reports and testimony from three psychologists who assessed military families who are bringing claims against the U.S. Navy for jet fuel water contamination. Testimony from two of the doctors are admissible, as they did conduct full interviews of their patients, including the minors. Information gathered from the parents about their children is admissible as first-hand knowledge when minors are involved is not required. A third doctor is not a physician or military medicine expert so portions of his testimony are excluded, but his testimony on the families' trauma is admissible.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 8, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Government, Water
J. Kobayashi partially dismisses a Big Island resident’s claims against the government surrounding safe driving conditions on the island, along with several claims related to his arrest. The government and its agents have immunity in their official capacities but, even in their individual capacities, the resident does not show how they are responsible for what he says is a lack of streetlights and unfair vehicle safety inspections. Claims stemming from his arrest are also denied as he should challenge those in the pending criminal case.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 2, 2024, Case #: 1:23cv390, NOS: Other Civil Rights - Civil Rights, Categories: Government, Negligence, Police Misconduct
J. Kobayashi partially dismisses the insurance company’s counterclaims in an underlying action involving a construction project at a correctional facility completed by the developer. The developer does not show with any specificity that it would not have entered into a settlement agreement in the underlying case, had it received final drawings of the project during discovery.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 1, 2024, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: Settlements, Discovery, Contract
J. Kobayashi partially dismisses part of a group of military families’ claims of negligence against the government for their mishandling of the Red Hill petroleum fuel leak. The part of the families’ claims accusing the Navy of failing to warn fall under a misrepresentation exception and is therefore barred. Claims about the Navy’s failure to remediate and failure to test the families’ homes also do not state factual evidence, though those claims may be amended.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 28, 2024, Case #: 1:23cv457, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Water, Negligence
J. Kobayashi partially denies dismissal on part of a claim against the government by military families regarding the military’s handling of the Red Hill fuel leak and subsequent water crisis. The government must face part of a negligence claim that accuses the government of not following protocols for flushing the fuel contamination from the families’ homes, as the government did not establish how following the protocols may have implicated other policy concerns. On the other hand, because the government did show how its failure to remediate constituted a discretionary decision under an exception under the Federal Torts Claims Act, that tort claim is dismissed with prejudice.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 21, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort, Negligence
J. Kobayashi dismisses a complaint by a formerly jailed man against public defenders who he says did not verify his identity when he was wrongfully arrested and detained for several years on a warrant issued for a different name. The public defenders have 11th Amendment immunity. Additionally, the decision to call for a competency evaluation on the man, rather than investigate his claims of mistaken identity, was not an act of disability discrimination or legal malpractice because the man could not show the public defenders were motivated by malice. The decision is protected by conditional privilege and counts as an exercise of government discretion, as making that decision would have required the public defenders to also question the police and correctional facilities’ records.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 15, 2024, Case #: 1:21cv456, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Legal Malpractice
J. Kobayashi dismisses a complaint by a formerly jailed man against a state doctor who he says did not verify his identity when he was wrongfully arrested and detained for several years on a warrant issued for a different name. Although the doctor could have checked hospital records years before — when the man had expressed he was not the same person from the warrant — and contributed to his release, the doctor has qualified immunity as she was not a detective or police officer immediately involved with investigating his case.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 15, 2024, Case #: 1:21cv456, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Kobayashi remands an individual’s tobacco-related product liability case against a cigarette manufacturer to Hawaii state court. The individual did not act in bad faith when she settled with other defendants close to the trial date in the case to prevent the case from being removed. Those defendants included other cigarette manufacturers and only occurred after many settlement discussions, not just with tobacco retailers. However, the individual is denied a request for the attorney fees related to the removal to federal court as the removal was reasonable, given that there were some bad faith factors.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 11, 2024, Case #: 1:24cv87, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Settlements, Product Liability
J. Kobayashi grants remand for couple to take their tobacco-related product liability case against a cigarette manufacturer back to Hawaii state court. The couple did not act in bad faith when it settled with other defendants close to the trial date in the case to prevent the case from being removed. Those defendants included other cigarette manufacturers and only occurred after many settlement discussions, not just with tobacco retailers. However, the couple is denied a request for the attorney fees related to the removal to federal court, as the removal was reasonable given that there were some bad faith factors.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 11, 2024, Case #: 1:24cv86, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Settlements, Product Liability
J. Kobayashi partially dismisses claims of free speech violations, malicious prosecution and negligent supervision against the county and its police officers brought by a man who says officers wrongfully arrested him after he called 911 on a group of tourists. The caller could not show that his free speech was restricted by any policy of the county or the police department. Similarly, he does not show they deliberately allowed him to be arrested.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 6, 2024, Case #: 1:22cv269, NOS: Other Civil Rights - Civil Rights, Categories: First Amendment, Police Misconduct
J. Kobayashi partially dismisses a negligence claim regarding a jet fuel leak at the Navy’s Red Hill Facility that compromised military families’ drinking water. The Navy testing water samples for carbons, but not specifically jet fuels due to on-island laboratory capabilities, was discretionary and a legitimate policy consideration, granting the military sovereign immunity from a portion of the families’ negligence claims. A remediation claim requires more briefing before a ruling.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: February 14, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort, Negligence
J. Kobayashi partially dismisses an asylee’s claims that the city discriminated against him in denying his applications to renew his Hawaii driver’s license, finding that there was no connection between his national origin and the denial. The asylee’s asylum application was pending when he also attempted to renew the driver’s license, leading to the denial, which was based more on federal regulations than discrimination. The city did offer him a limited purpose license, so he was not completely denied access to identification.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: February 5, 2024, Case #: 1:23cv429, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Licensing
J. Kobayashi partially dismisses wrongful termination and disability discrimination claims from a former employee of the car rental company after he had a leg surgery that affected his ability to stand and walk during recovery. The rental company began the firing process before the employee filed a complaint with the EEOC, and is therefore not retaliation. Claims for lack of reasonable accommodation for parking are also dismissed as submissions for the accommodation were not submitted with adequate notice. However, similar accommodation claims for appropriate seating are not dismissed as the company was given notice for those requests. The company did also retaliate in other ways beyond termination, mainly through managers that harassed the employee about taking time off for medical appointments.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: January 29, 2024, Case #: 1:22cv246, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Kobayashi denies the lab judgment that a jury entered a wrong damages verdict unsupported by evidence in the contract between the lab and a former employee. The jury in fact correctly determined that the lab violated the employment contract by altering his compensation amounts. The employee presented sufficient evidence comparing past compensation and evidence that the experience had been emotionally traumatizing. The lab is denied a new trial as there is no evidence of clear error.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: January 22, 2024, Case #: 1:19cv310, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Employment, Evidence, Jury
J. Kobayashi grants summary judgment to the grocery wholesaler that an employee accuses of letting him go on the basis of age and race when the company downsized. The employee could not show that the wholesaler used its financial situation as pretext for his firing, and there is no evidence that his colleague, who has many of the same qualifications as the employee, was kept on for his race and age despite not meeting education and sales goal requirements.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: January 12, 2024, Case #: 1:21cv367, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Kobayashi partially dismisses failure-to-warn claims in a suit brought by military families who became sick after drinking water contaminated by jet fuel leaking from the Navy’s Red Hill storage facility. The lack of a water advisory after the fact constituted misrepresentation under the Federal Tort Claims Act, barring those claims. The failure-to-warn element of the families’ negligence claim survives since, under Hawaii law, a property owner has a duty to warn of any potential hazards to their lessees.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: January 11, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort, Water