12 results for 'judge:"Valderrama"'.
J. Valderrama partially grants an American medical technology company’s motion for summary judgment for non-willfulness as to a Chinese medical technology company’s patent infringement claims. The Chinese company claims the U.S. company deliberately infringed on its patent for a fingertip pulse oximeter and an associated display. The court grants the U.S. company’s motion as to its pre-suit activities, but finds that factual disputes mean judgment on its post-suit activities inappropriate.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: April 23, 2024, Case #: 1:18cv825, NOS: Patent - Property Rights, Categories: Health Care, Patent, Technology
J. Valderrama partially grants a labor union’s motion for summary judgment on one of its former business agents’ race discrimination, harassment and retaliation claims. The union fired the business agent on the basis that it discovered he had a disqualifying felony record, but the agent himself argued this was pretextual and that the actual reason he was fired was because he is Black and complained about his coworkers’ racist attitudes. The court finds there is insufficient evidence to support the agent’s race discrimination and retaliation claims, but allows his racial harassment claim to go forward.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: January 19, 2024, Case #: 119cv3351, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation, Labor / Unions
J. Valderrama grants a food company’s motion to dismiss a shipping worker’s two claims for unfair and deceptive practices. The worker was injured when, while working inside a truck, a can of cooking spray produced by the food company ignited and cause a flash fire. Though the worker has other counts pending against the company for her injuries, the court finds she has not sufficiently alleged these two.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: January 16, 2024, Case #: 1:20cv7065, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Fraud, Negligence, Product Liability
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J. Valderrama grants a suburban Illinois police officer's motion for summary judgment in this civil rights case, and denies a hospital system's motion for summary judgment for its own involvement in the case. In the case, police in suburban Chicagoland pulled over a man for alleged traffic violations but then subjected him to dog-sniffing when they suspected he had cannabis on his person. The police also took the man to Christ Hospital in the suburb of Oak Lawn, where doctors carried out an examination to see if he was hiding drugs in his rectum. Ultimately only miniscule amounts of cannabis were found in the man's car, and none were found in his rectum. The man then sued all parties for battery and carrying out unreasonable searches. The court finds the man has not presented sufficient evidence regarding the alleged unreasonableness of the officers' initial stop and search, but that there is still a factual dispute as to whether he fully consented to the rectal examination.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: December 22, 2023, Case #: 1:19cv7904, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Medical Malpractice, Police Misconduct
J. Valderrama denies a Chicago resident's motion for a preliminary injunction against Amazon, barring it from operating a warehouse on the city's west side while this case against it is pending. The resident, who lives near the warehouse site, claims Amazon does not have the special use permit it would need to legally operate the facility in accordance with Chicago zoning rules. Though the court agrees there is a possibility Amazon may be in violation of some zoning rules, it also finds the resident has not established how she would suffer the "irreparable harm" needed to justify a preliminary injunction order.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: December 21, 2023, Case #: 1:23cv14163, NOS: All Other Real Property - Real Property, Categories: Municipal Law, Property, Injunction
J. Valderrama grants the plaintiff machine operator’s motion to remand this personal injury case to Cook County, but denies his motion for costs and attorney fees. The operator was injured in an explosion at a steel company’s Indiana production plant and sued both the company and the safety engineer whose negligence allegedly caused the explosion. The operator filed his suit in Cook County court because that is where the safety engineer lives, and while the company earlier managed to remand the case to federal court on a diversity jurisdiction argument, the federal court now agrees with the operator that Cook County’s circuit court is more appropriate.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: August 4, 2023, Case #: 1:22cv6484, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Jurisdiction, Venue
J. Valderrama grants fast-fashion retailer Shein’s motion for a temporary restraining order against Temu, a Chinese online retailer, finding Shein company has reasonably alleged that it is being harmed by the retailer’s use of marks that mimics the “SHEIN” brand.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: July 31, 2023, Case #: 1:22cv7119, NOS: Trademark - Property Rights, Categories: Copyright, Trademark, Business Practices
J. Valderrama partially grants a medical center’s summary judgment on medical malpractice and negligence claims, brought by the parents of a severely mentally disabled child. The parents say the child’s disabilities, including hypoglycemic encephalopathy, cerebral palsy and seizure disorder, were caused by the medical center’s staff botching the child’s delivery. The parents’ claims against the individual doctor who performed the delivery survive, but the center’s medical group as a whole is dismissed from the suit.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: May 11, 2023, Case #: 1:19cv8496, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Negligence, Agency, Medical Malpractice