30 results for 'judge:"Nunley"'.
J. Nunley grants, in part, class certification to a worker on wage and hour claims against a student loan guarantor. The worker has sufficiently supported certification for certain certain class and five subclasses.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: March 29, 2024, Case #: 2:21cv863 , NOS: Other Labor Litigation - Labor, Categories: Banking / Lending, Class Action, Labor
J. Nunley denies, in part, a city’s motion to dismiss a man’s civil rights claims arising from his arrest for murder. He has sufficiently pleaded his claims for malicious prosecution, conspiracy, deliberate fabrication of evidence and related claims.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: March 29, 2024, Case #: 2:23cv1177, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
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J. Nunley denies, in part, a mineral exploration company’s motion to dismiss securities and elder abuse claims filed by the oldest operating gold mine in the U.S. and several of its stockholders. Contrary to the company's argument, they need not alleged "evil intent" to support their request for punitive damages.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: March 29, 2024, Case #: 2:23cv376, NOS: Stockholders’ Suits - Contract, Categories: Energy, Securities
J. Nunley awards $1.6 million in attorney fees to a cinema following its successful contract action against a shopping center. The requested $2.2 million in fees is lowered based, in part, on a reduction in requested hourly rates for the attorneys and legal staff.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: March 26, 2024, Case #: 2:16cv1066, NOS: Rent Lease & Ejectment - Real Property, Categories: Landlord Tenant, Attorney Fees, Contract
J. Nunley denies, in part, a mortgage company’s motion for summary judgment on a homeowner’s action arising from an insurance dispute. There are disputes of fact regarding her claims for violations of the Real Estate Settlement Procedures Act and for breach of fiduciary duty.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: February 29, 2024, Case #: 2:22cv437, NOS: Insurance - Contract, Categories: Real Estate, Fiduciary Duty, Banking / Lending
J. Nunley grants, in part, Land O’ Lakes’ partial motion to dismiss an individual’s claims related to the denial of his claim for indemnity under his dairy revenue protection policy. The individual fails to show a fiduciary duty to support his breach of fiduciary duty claim, and also fails to show it had an intent to defraud him to support his intentional misrepresentation claim.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: January 17, 2024, Case #: 1:22cv731, NOS: Other Contract - Contract, Categories: Insurance, Fiduciary Duty, Contract
J. Nunley finds for a pair of banks on two individuals’ wrongful foreclosure claims. The individuals received sufficient notice of the foreclosure, and evidence indicates they had more than five years to resume making payments on the property but failed to do so, despite making $9,000 a month in gross income.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: September 29, 2023, Case #: 2:18cv2811, NOS: Foreclosure - Real Property, Categories: Property, Banking / Lending
J. Nunley denies, in part, an insurer’s action seeking a declaration it has no duty to defend or indemnify an insured in an underlying defamation case. It is unclear whether the insurer has a duty to defend under the parties' umbrella policy, which includes coverage for an accident or offense that causes personal injury.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: September 29, 2023, Case #: 2:21cv1761 , NOS: Insurance - Contract, Categories: Insurance, Defamation, Contract
Upon remand from the Ninth Circuit, J. Nunley dismisses two individuals' action challenging a $20 law enforcement gun release fee and an arrest for illegally possessing a slungshot. They fail to allege the gun release application process utilizes discretionary decision-making or that it was applied in an improper way, while they also fail to show the slungshot is a weapon commonly used for self-defense.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: August 24, 2023, Case #: 2:16cv523, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Civil Rights, Firearms
J. Nunley grants, in part, two cherry packing plant workers’ motion for class certification of their labor claims. The workers satisfy class requirements for their claim related to the automatic deduction of 30 minutes from their timecards for meal breaks, despite either not timely receiving the breaks or having them cut short.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: August 16, 2023, Case #: 2:20cv1096 , NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Nunley refuses to find for an insurer on several individuals’ claims arising from a UIM coverage dispute. There are genuine issues of fact regarding their claims for punitive damages, bad faith, breach of contract and elder abuse.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: August 15, 2023, Case #: 2:21cv2215, NOS: Insurance - Contract, Categories: Insurance, Tort, Contract
J. Nunley denies, in part, a city and three individuals’ motion to dismiss a woman’s civil rights claims related to her arrest. She has sufficiently pleaded her claims for Monell liability against the city, negligence and assault, along with her state law claims.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: July 13, 2023, Case #: 2:19cv1896, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Assault