31 results for 'judge:"Shubb"'.
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J. Shubb denies, in part, a transport officer’s motion for summary judgment on the parents’ civil rights claims arising from the shooting death of their son. It is unclear whether the officer is entitled to immunity, as there are questions of fact whether the decedent was turning to flee at the time he was shot.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: February 7, 2024, Case #: 2:22cv841, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Shubb denies, in part, a landscape company’s motion to dismiss as preempted a worker’s wage claims. The worker's indemnification for uniform expenses, and minimum wage and unfair competition claims are not preempted by the Labor Management Relations Act.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: February 1, 2024, Case #: 2:23cv2734, NOS: Labor/Management Relations - Labor, Categories: Preemption, Indemnification, Labor
J. Shubb finds for a life insurance company on a widow’s ERISA claims arising from the denial of accidental death benefits when her husband, who was employed by a grocery store chain and was learning to fly allegedly store-owned aircraft, died following a fatal crash. The company's policy included an aircraft exclusion that applied to the decedent, as he was considered part of the crew, rather than a passenger, at the time of the accident.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: January 26, 2024, Case #: 2:23cv919, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Insurance
J. Shubb denies, in part, a county’s motion to dismiss an individual’s constitutional claims in a permitting dispute. He has adequately pleaded his equal protection claim.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: January 10, 2024, Case #: 2:23cv535, NOS: Torts to Land - Real Property, Categories: Licensing, Property, Equal Protection
J. Shubb denies, in part, Subaru’s motion to dismiss an automotive group’s claims arising from a dispute regarding the construction of a dealership. The group has sufficiently pleaded its contract claim related to Subaru's call on a letter of credit.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: December 15, 2023, Case #: 2:22cv997, NOS: Contract Product Liability - Contract, Categories: Construction, Vehicle, Contract
J. Shubb enters a consent agreement between the state corrections department and a nonprofit and county in which the department agrees to pay $1.7 million for their investigative costs and attorney fees, and will repair a wastewater system and implement a water pollution prevention plan, among other things.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: August 2, 2023, Case #: 2:20cv2482 , NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements, Water
J. Shubb denies a dairy software company’s motion to dismiss a competitor’s antitrust and unfair competition counterclaims. The competitor has sufficiently alleged its claims for conspiracy to monopolize, monopolization, unlawful restraint of trade, unlawful mergers or acquisitions, and unfair competition.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: May 12, 2023, Case #: 2:21cv2233, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Antitrust, Trade Secrets, Unfair Competition