49 results for 'judge:"Winmill"'.
J. Winmill denies individuals' motion for partial summary judgment on their negligence claim that a fire was started by negligently stored wood-staining rags in a building in which the individuals stored their car and other personal possessions, which were damaged. The fire department determined that the rags were the "most likely cause" of the fire, but listed the "cause of ignition" as "under investigation" and noted that their investigation of the building's electrical components was "inconclusive findings for cause." The cause of the fire is material and genuinely disputed
Court: USDC Idaho, Judge: Winmill, Filed On: May 13, 2024, Case #: 2:23cv441, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Civil Rights, Property, Negligence
J. Winmill grants in part a company's motion to compel in a patent infringement dispute regarding simulated log-siding panel and the machine attachment used to create it. The patent holder did not produce a full exclusive license agreement until after the close of discovery and failed to correct a misstatement in its complaint that it manufactures, distributes and sells simulated log siding when, in fact, it had exclusively licensed those rights to another company. Discovery will be reopened for 45 days. The company may also conduct a second deposition of the patent holder and may file a motion for fees related to this motion.
Court: USDC Idaho, Judge: Winmill, Filed On: May 8, 2024, Case #: 4:22cv307, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Winmill denies in part a police officer and her husband's motion for summary judgment regarding an individual's claims of false arrest and defamation after he was arrested for misdemeanor second-degree stalking of the police officer, her husband, and their 12-year-old daughter. The couple alleged that the individual would park outside their home, beside their daughter's school bus, and that he tried to enter their home. After he was arrested, the husband posted the individual's mugshot on NextDoor. The county prosecutor eventually dismissed the charges against the individual. Undisputed facts show that the sheriff's department officer had probable cause to arrest the individual and that the police officer who claimed he was stalking her did not participate in the investigation or arrest. It is up to the jury to decide whether the husband acted negligently in posting the individual's information to NextDoor.
Court: USDC Idaho, Judge: Winmill, Filed On: May 3, 2024, Case #: 1:20cv186, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Winmill denies a heavy equipment auction site's motion for reconsideration regarding a buyer's allegations of breach of contract, fraudulent misrepresentation and unjust enrichment after the machine it purchased arrived with missing parts. The buyer requested a refund and alleges that the auction site never responded. The auction site's motion for summary judgment was denied without a written opinion by a visiting judge, the matter was reassigned to a new judge, and the auction site filed a motion for reconsideration of the denial of summary judgment. There is no evidence of "clear error" by the visiting judge as a material dispute of fact remains regarding whether the company that listed the machine on the auction site was an undisclosed principal.
Court: USDC Idaho, Judge: Winmill, Filed On: April 29, 2024, Case #: 3:21cv150, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Winmill grants an insurance company's motion for expenses regarding an improperly terminated disposition. The disposition regarding a car collision was terminated by counsel when the passenger in the car, who suffered severe memory loss, was being asked about insurance claims documents and was about to be shown those documents. The attorney alleges that the insurer failed to lay the proper foundation for refreshing a witness' recollection with a document. The attorney has not shown that the insurer's counsel's questioning rose to the level of bad faith or oppressiveness. The "unilateral termination of the...disposition was therefore unjustified and warrants sanctions."
Court: USDC Idaho, Judge: Winmill, Filed On: April 24, 2024, Case #: 1:21cv498, NOS: Other Contract - Contract, Categories: Insurance, Sanctions, Contract
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J. Winmill grants property owners' motion to dismiss neighbors' allegations that they have breached an easement by refusing to share the cost of maintaining and replacing a shared tram that both neighbors use to traverse a steep hill up to their properties, and by demanding that the neighbors relocate the tram onto their property, and terminating the easement. "The continuous nature of the obligations under the easement are not
enforceable." The property owners, "as owners of the dominant estate, have the legal right to terminate the easement."
Court: USDC Idaho, Judge: Winmill, Filed On: April 9, 2024, Case #: 2:23cv507, NOS: Other Contract - Contract, Categories: Real Estate, Contract
J. Winmill denies a patent holder's motion for partial summary judgment regarding allegations of patent infringement of three separated patents related to a machine attachment that creates simulated log siding. The patent in question covers the simulated log siding panel. The patent holder has not separately addressed the different types of siding and therefore has not shown that all siding produced by the alleged infringer infringes on the patent in question. It appears that some of the siding does not infringe on the patent.
Court: USDC Idaho, Judge: Winmill, Filed On: April 5, 2024, Case #: 4:22cv307, NOS: Patent - Property Rights, Categories: Patent
J. Winmill grants in part investors' motion for summary judgment and default judgment regarding an "alleged Ponzi scheme masquerading as a
cryptocurrency investment fund." The investors have provided sufficient evidence of false representations and that the fund manager misappropriated investor funds for personal use, including "purchasing groceries, sporting goods, clothing, gold, silver coins, meals, home improvements and [a] wedding" in violation of federal and state law. The investors "must submit a summary of the total damages they seek, the basis for these damages, and the amount of damages for which they are entitled to prejudgment interest, and the legal basis for those damages."
Court: USDC Idaho, Judge: Winmill, Filed On: March 28, 2024, Case #: 2:20cv352, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Winmill dismisses an individual's complaint that she was falsely detained, was extradited from her home and given a no-contact order for her children and that she is a trust beneficiary. The individual "requests restitution for false detainment, the return of her children, and property." She fails to state a state trust law claim, Hague Convention claim, does not support her constitutional claims and cannot bring a civil claim under the Hobbs Act. "It is difficult to ascertain the basis of [the individual's] complaint." She is granted leave to amend.
Court: USDC Idaho, Judge: Winmill, Filed On: March 25, 2024, Case #: 1:24cv93, NOS: All Other Real Property - Real Property, Categories: Civil Rights, Real Estate
J. Winmill grants a seller's motion to compel discovery in a patent dispute involving the sale of a log-siding machine. The seller holds several patents covering the log-siding machine and the log-siding itself and alleges the buyer fabricated a set of discs for use with the machine which violate the seller's patents. The buyer is compelled to produce revenue information which the seller seeks.
Court: USDC Idaho, Judge: Winmill, Filed On: March 19, 2024, Case #: 4:22cv307, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Winmill grants the city's motion for summary judgment and grants the state's motion to dismiss a couple's claims that the husband's Fifth Amendment right to counsel and due process was violated when he was arrested and requested counsel, and officers did not heed his request. The claim is legally barred. Also, the couple "cannot prevail on a negligent infliction of emotional distress claim."
Court: USDC Idaho, Judge: Winmill, Filed On: March 11, 2024, Case #: 2:22cv376, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Winmill denies in part an animal processing plant's motion for summary judgment regarding a family's wrongful death and negligence claims after an employee was killed by a machine unexpectedly starting up while he was cleaning it. A reasonable jury could find that the company "knew or consciously disregarded the risk posed by the cow shovel."
Court: USDC Idaho, Judge: Winmill, Filed On: March 11, 2024, Case #: 1:22cv191, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort
J. Winmill grants the credit reporting agency's motion for reconsideration regarding an individual's allegations of violation of the Fair Credit Reporting Act by allegedly inaccurately reporting debts on her credit report that were previously discharged in bankruptcy. The court's prior memorandum decision and order is modified, granting summary judgment on the individual's willfulness claim. "A jury could not reasonably conclude that Experian willfully violated the FCRA by continuing to report" the individual's account.
Court: USDC Idaho, Judge: Winmill, Filed On: March 4, 2024, Case #: 1:21cv465, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Debt Collection, Consumer Law
J. Winmill grants in part the government's motion for remedies in a property dispute. The government alleges that a couple formed a camping and vacation rental company and put tents, a boat house, a boat ramp, a dock, a gazebo and fencing on government land without permission. The company has not responded to the government's letters asking them to remove the encroachments. The couple and their company were found liable for all claims. The government's request of an order requiring the company to vacate the government's property is granted, but "an injunction requiring the defendants to remove the encroachments within a 30-day period would be oppressive." The company is enjoined from "from trespassing on the subject property, constructing or maintaining encroachments on the subject property, and renting or listing for rent the subject property."
Court: USDC Idaho, Judge: Winmill, Filed On: March 4, 2024, Case #: 2:22cv439, NOS: Torts to Land - Real Property, Categories: Real Estate, Tort, Injunction
J. Winmill denies a company co-owner's motion to dismiss for lack of jurisdiction an employee's allegations of discrimination. The jury found in favor of the employee on her claims against the company. The company president and co-owner claims the employer seeks to hold him "personally liable" and that the employee's claims against him are time-barred. The employee "seeks to impose derivative liability under theories of alter ego and constructive trust" against the co-owner after he drained the company of its assets. The court has personal jurisdiction over the co-owner, and the statute of limitations does not apply here. "Title VII does not shield an individual from liability when a plaintiff satisfies the elements for piercing the corporate veil."
Court: USDC Idaho, Judge: Winmill, Filed On: March 4, 2024, Case #: 4:19cv287, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Winmill grants the SEC's motion for remedies against a crypto investment broker who allegedly lured investors into investing millions of dollars in his crypto investment company through false representations, then misappropriated those funds for his personal use. The broker also offered and sold unregistered securities. The company and broker shall disgorge $5,257,563 in ill-gotten gains plus $127,454 in pre-judgment interest. The court also imposes a civil penalty of $6,899,969, the amount of the broker's gross amount of pecuniary gain.
Court: USDC Idaho, Judge: Winmill, Filed On: March 4, 2024, Case #: 2:21cv103, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Winmill grants the city's motion for partial dismissal of an individual's allegations that an officer slapped his phone to the ground for filming the police with his phone. He was arrested for resisting, delaying, or obstructing a public officer, but alleges that none of the conduct that officers provided to support the arrest actually occurred. The individual alleges violation of his First, Fourth, and Fourteenth Amendment rights. The officer lacked probable cause to arrest the individual for criminal trespass. The individual's Fourteenth Amendment–Failure to Intervene claim continues. However, the individual's other claims are barred by the Idaho Tort Claims Act or because of the individual's failure to comply with the bond requirement. The individual is granted leave to amend.
Court: USDC Idaho, Judge: Winmill, Filed On: January 30, 2024, Case #: 1:23cv275, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Winmill grants officers' motion for judgment on the pleadings regarding an individual's allegations of excessive force when law enforcement officials executed a search warrant on his home. The individual alleges that officers made him sit in direct sun for three hours when it was 95 degrees to answer questions, which caused him dehydration, sunburn and heat exhaustion, and that they repeatedly touched his testicles during a search of his person, which caused him PTSD. The individual has not stated a cognizable Bivens claim.
Court: USDC Idaho, Judge: Winmill, Filed On: January 29, 2024, Case #: 1:21cv47, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Winmill denies the attorney general's emergency motion to stay the preliminary injunction preventing the attorney general and county from enforcing any provision of Idaho’s Vulnerable Child Protection Act during the pendency of the appeal. The Act prohibits gender-affirming medical care for children. The court has determined that the Act is unconstitutional as it discriminates on the basis of sex and transgender status. "The State is not harmed when a federal court enjoins an unconstitutional law."
Court: USDC Idaho, Judge: Winmill, Filed On: January 16, 2024, Case #: 1:23cv269, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Winmill grants the government's motion to dismiss employees' allegations of defamation after they were accused of creating a hostile work environment and harassment of a coworker. The employees resigned after an investigation into the coworker's complaints resulted in notices of removal. The employees who conducted the investigation were acting within the scope of their employment, therefore the United States is substituted as the proper defendant. However, these claims may not be brought against the government under the Federal Tort Claims Act and the court does not have subject matter jurisdiction over the claims.
Court: USDC Idaho, Judge: Winmill, Filed On: January 10, 2024, Case #: 4:23cv356, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Employment, Defamation, Contract
J. Winmill denies the defendant insurance company's request to exclude "highly prejudicial evidence" in this breach of contract and bad faith lawsuit stemming from a fatal car collision. The insurance company argues that "evidence of the underlying accident is far too prejudicial to be outweighed by its limited probative value." However, the motion in limine is too broad "at this stage of litigation."
Court: USDC Idaho, Judge: Winmill, Filed On: January 4, 2024, Case #: 1:21cv498, NOS: Other Contract - Contract, Categories: Insurance, Discovery, Contract
J. Winmill denies a county prosecutor's and attorney general's motion to dismiss a lawsuit challenging the constitutionality of Idaho’s Vulnerable Child Protection Act, which precludes health care professionals from providing medical treatment to transgender children for gender dysphoria. "Idaho’s Vulnerable Child Protection Act violates the Fourteenth Amendment." The individuals' motion for a preliminary injunction is granted, as they have shown a strong likelihood of success on the merits of their claims. "Attorney General Labrador and Ada County Prosecutor Bennetts and their successors in office are enjoined from enforcing any provision of House Bill 71 during the pendency of this litigation."
Court: USDC Idaho, Judge: Winmill, Filed On: December 26, 2023, Case #: 1:23cv269, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Winmill grants in part motions in limine in a matter involving an employee's allegations that she was sexually harassed by her supervisor, and that the company retaliated against her after she complained. The supervisor's prior conviction for sexual battery against a company employee who was a minor is excluded "because its probative value is substantially outweighed by the danger of unfair prejudice," but the court may reconsider this preliminary decision. The employee may present “Me Too” evidence to show that the supervisor's sexual harassment in the workplace was pervasive.
Court: USDC Idaho, Judge: Winmill, Filed On: December 8, 2023, Case #: 4:19cv287, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Winmill grants in part an employee's motion for sanctions in a suit where she alleges that her supervisor sexually harassed her. During litigation, the employer was sanctioned for concealing evidence and misrepresenting facts and later held in contempt for failing to make any effort to pay the employee's award of attorney fees. The employee now alleges discovery misconduct relating to other evidence. The employer's failure to produce the documents prejudiced the employee. The employer is prohibited from contesting the employee's claim that the company had fifteen or more employees, finding "this less drastic remedy is a sufficient sanction."
Court: USDC Idaho, Judge: Winmill, Filed On: December 4, 2023, Case #: 4:19cv287, NOS: Employment - Civil Rights, Categories: Employment, Sanctions, Discovery
J. Winmill denies in part the Idaho Department of Health and Welfare's motion to dismiss a mother's allegations of violations of the Due Process and Equal Protection Clauses of the Fourteenth Amendment and the Idaho Constitution after she was reported for child neglect when she tested positive for THC shortly after giving birth. The mother alleges that her marijuana use was medical, to treat extreme nausea, and that she was not provided with sufficient process before being placed on the Central Registry for ten years. Individuals are not given an opportunity to present evidence or arguments in their favor while the initial determination and administrative review are conducted, which creates "a considerable risk of error." The mother has plausibly pleaded that additional process is due. The mother is granted leave to amend her equal protection and Idaho Constitution claims.
Court: USDC Idaho, Judge: Winmill, Filed On: November 3, 2023, Case #: 1:23cv131, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Winmill grants in part the government's motion for summary judgment in a property dispute with business owners. The government alleges that the couple has erected tepees, tents, a tent pad, a boat house, railings into the water, a hammock, shower, plumbing and electrical equipment and facilities, a boat ramp, dock, gazebo, and fence on property that is owned by the US government without permission. The couple is proceeding pro se, but their business cannot appear without representation, therefore the company has yet to appear. The government has shown that the couple has constructed encroachments on government land, including a fence which restricts access to that land, which they refuse to remove.
Court: USDC Idaho, Judge: Winmill, Filed On: October 4, 2023, Case #: 2:22cv439, NOS: Torts to Land - Real Property, Categories: Real Estate, Tort
J. Winmill grants in part an employee's motion to exclude expert testimony in an employment dispute. The employee alleges that her employer sexually harassed her then retaliated against her for complaining. The Licensed Clinical Professional Counselor shall not be permitted to reference the employee's sexual history, behaviors or activities. However, the expert may testify regarding the employee's own statements about having no "sexual problems" in her medical records. A second counselor who briefly treated the employee "may not offer a causation opinion that is outside the context of her treatment and diagnosis of" the employee.
Court: USDC Idaho, Judge: Winmill, Filed On: October 4, 2023, Case #: 4:19cv287, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation