14 results for 'judge:"McShane"'.
J. McShane finds in favor of the nonprofit association against the student's complaint that the association wrongfully denied him a fifth-year hardship waiver to play football during his final year of high school, even though the student had several mental health disabilities including depression, post-traumatic stress disorder, oppositional defiance disorder and ADHD. The student did not have an individualized education plan and thus did not require the waiver, because the student had education success plans all throughout his high school education, and he does not present any evidence that the available academic support systems were insufficient in helping him graduate.
Court: USDC Oregon, Judge: McShane, Filed On: April 18, 2024, Case #: 6:22cv1228, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. McShane denies the fraudulent transfer claim in the Japanese corporation's complaint that the art supply store and others transferred property to hinder, delay or defraud creditors. The Japanese corporation alleges that the loan was part of the fraudulent scheme by the president and shareholder of one of the companies to avoid an adverse judgment by the arbitrator, but the loan and assets were not concealed from the Japanese corporation, so there is not a proven requisite intent to hinder, delay or defraud the Japanese corporation.
Court: USDC Oregon, Judge: McShane, Filed On: March 14, 2024, Case #: 6:21cv1115, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, Contract
J. McShane declines to dismiss the federal claims in the residential patients' complaint accusing the hospital of revising its rules about handling patient mail and personal property, which prevented the patients from sending or receiving previously allowed packages, including three-dimensional artwork and Native American religious sacraments. The patients plausibly allege that the hospital's employees acted as state officials who implemented a policy that deprived the patients of their rights to free speech and religious freedom.
Court: USDC Oregon, Judge: McShane, Filed On: February 6, 2024, Case #: 6:22cv1982, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, First Amendment
J. McShane grants the healthcare company summary judgment against the nurse's complaint alleging that it fired her for raising concerns about the nurse staffing shortage during the Covid-19 pandemic. The nurse expressing her concerns to her supervisor about intraorganization conditions is not a disclosure, and the nurse does not present evidence that the healthcare company's legitimate reason to fire her was pre-textual because it is undermined by the timing of the alleged disclosures.
Court: USDC Oregon, Judge: McShane, Filed On: January 25, 2024, Case #: 6:22cv149, NOS: Labor/Management Relations - Labor, Categories: Employment, Covid-19, Labor
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J. McShane dismisses the family's federal claims accusing the city's officers of allowing decedent to asphyxiate in their custody, whereupon he permanently lost consciousness and died several months later. There is no evidence that one specific officer saw the seatbelt wrap around decedent's throat and did not intervene, and there is no evidence of inexcusable negligence among the other officers.
Court: USDC Oregon, Judge: McShane, Filed On: December 7, 2023, Case #: 6:21cv142, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. McShane awards Independent politician Brian Boquist $375,500 in attorney fees and $21,000 in costs for his complaint that Oregon State Senate President Peter Courtney and others stopped him from accessing the capitol building after he made comments following a walkout held by Republican senators in June. Some costs, including those for videotaping depositions, are denied. Most of Boquist's counsel's rates are reasonable when compared to other Oregon lawyers with the same experience, though not all hours are accepted because some of them are duplicative.
Court: USDC Oregon, Judge: McShane, Filed On: October 30, 2023, Case #: 6:19cv1163, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Attorney Fees
J. McShane finds in favor of the U.S. Forest Service on the environmental organization's complaint alleging that the government agency's three commercial logging projects - which authorize commercial tree thinning of between 3,000 and 16,000 acres of the Fremont-Winema National Forest - do not qualify for the CE-6 exclusion of the National Environmental Policy Act. The CE-6 exclusion does apply, because the projects are meant to improve timber stand and wildlife habitat through thinning and prescribed burning, and the Forest Service explained how the conifer trees' overpopulation and encroachment will negatively impact other desirable tree species and wildlife habitats without thinning.
Court: USDC Oregon, Judge: McShane, Filed On: August 4, 2023, Case #: 1:22cv1007, NOS: Environmental Matters - Other Suits, Categories: Environment, Government
J. McShane finds in favor of Oregon State Senator Brian Boquist for his complaint alleging that the Senate leadership retaliated against his exercise of free speech rights. After stating during a June 2019 speech on the Senate floor that, if the Senate leader is going to send the police for him, “Hell’s coming to visit you personally,” Boquist was told he would have to provide 12-hour advance notice in writing when he planned to go to the capitol building. Boquist’s comments were hyperbolic and said in “a highly charged political environment.” The statements did not constitute a true threat and the imposition of the 12-hour rule infringed on his rights.
Court: USDC Oregon, Judge: McShane, Filed On: July 17, 2023, Case #: 6:19cv1163, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, First Amendment
J. McShane dismisses the business partner's unfair competition counterclaim that the boba tea shop owner breached his duty of loyalty when he opened another store about five miles away from the business partner's shop, thus harming the latter's business. The boba tea shop owner's son is the registered owner and has no duty of loyalty, and the business partner does not present facts supporting the argument that the boba tea shop owner acted as an agent of both businesses with conflicting interests.
Court: USDC Oregon, Judge: McShane, Filed On: June 12, 2023, Case #: 6:22cv1488, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition, Business Practices
J. McShane dismisses the former manufacturing technician's claims that the manufacturing company wrongfully fired her because it did not want to provide accommodations for her cataract and dry eye condition. Most of the former technician's claims prior to Apr. 25, 2018, are time-barred. As for the remaining disparate treatment claims, she does not present evidence that the manufacturing company reduced her pay and benefits or that it significantly changed her duties, and it had a reasonable cause to dismiss her due to her disrespect toward co-workers.
Court: USDC Oregon, Judge: McShane, Filed On: May 25, 2023, Case #: 6:20cv1201, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. McShane denies summary judgment to the department of corrections for the corrections officer's claim that another officer sexually assaulted her, leading her to resign when rumors circulated that she consensually slept with the other officer to advance her career. A jury could reasonably assume that the corrections officer's co-workers retaliated against her for filing her complaint because the rumors and hostile work environment happened on a regular basis for nearly a year, to the point that she had to take leave multiple times to handle her anxiety and panic attacks, and the department of corrections' refusal to investigate the rumors could be construed as retaliation.
Court: USDC Oregon, Judge: McShane, Filed On: May 23, 2023, Case #: 6:21cv1267, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Whistleblowers, Employment Retaliation