69 results for 'court:"USDC Eastern District of Washington"'.
J. Rice grants the homeowners' motion to remand their case to the Spokane County Superior Court, as their lawsuit accuses the interstate insurance exchange of wrongfully denying full coverage for the homeowners' claim for damage caused by sewage water flooding the entire lower level of their home. The interstate insurance exchange's office is located in Texas, but because it is an interstate insurance exchange structured as an unincorporated association, its diversity is not complete. The homeowners residence in Washington state helps justify remanding their case to the Spokane County Superior Court.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: December 19, 2023, Case #: 2:23cv294, NOS: Insurance - Contract, Categories: Insurance, Property, Jurisdiction
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J. Rice finds in favor of UPS against the package delivery driver's complaint that the company did not accommodate need for light work after he suffered a workplace injury and removed him from temporary alternative work after he filed an underlying class action employment lawsuit. The driver does not offer any information beyond speculation that UPS or its decision maker knew about the lawsuit before they took him off temporary alternative work, so the driver does not show that UPS and its managers made adverse employment decisions against him.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: November 20, 2023, Case #: 2:21cv162, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination
J. Rice dismisses the registered nurse's complaint that the healthcare company did not provide meal breaks, did not pay all overtime wages and excluded higher Covid-19 pay rate into overtime pay rate calculation while she worked for Renal Care Group. The registered nurse does not sufficiently allege facts under the regulatory factor that the healthcare company was a joint employer, because she does not show that the healthcare company had the power to hire, fire, supervise or otherwise control her work and pay.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: October 26, 2023, Case #: 2:23cv180, NOS: Other Labor Litigation - Labor, Categories: Covid-19, Class Action, Labor
J. Rice denies Chairperson of the Washington Liquor and Cannabis Commission David Postman's motion to dismiss the small distillery's complaint that Postman and Attorney General of Washington Bob Ferguson allowed in-state distilleries to sell and ship distilled products directly to customers, violating the commerce clause by allowing in-state distillers to self-distribute directly to sales licensees while prohibiting out-of-state distilleries from doing the same. The decision is stayed because while the Fourth, Sixth and Eight Circuit Courts allowed three-tier systems to support Postman's position, the small distillery points to how First, Seventh, and Eleventh Circuits reached opposing views, and Postman does not sufficiently show that the small distillery fails to state a plausible claim of relief.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: October 24, 2023, Case #: 1:23cv3093, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Government
J. Rice grants the not-for-profit Catholic healthcare system's motion for a protective order regarding the patient's complaint that the former's treating physician performed unnecessary surgery that damaged the patient's lower spine. Because the patient and the not-for-profit Catholic health care system cannot agree on specific days when Dr. Yam will be deposed, Dr. Yam and his counsel will work with the parties to schedule his deposition before or on Nov. 3, 2023, an achievable date considering Dr. Yam and his counsel have been on notice for a deposition since April 2023 and they have tried to work out a date since October 2023.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: October 19, 2023, Case #: 4:21cv5042, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Discovery, Medical Malpractice
J. Rice dismisses the female student's complaint that the university did not timely investigate a sexual assault complaint against a male student, which allowed him to sexually assault the female student multiple times and then rape her in her dorm room after she ended their relationship. While it was unacceptable for the university to take 10 months to investigate the prior sexual assault claim against the male student, there is not sufficient evidence that the university displayed deliberate indifference or that the university ignored the male student's conduct.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: October 18, 2023, Case #: 2:22cv69, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Evidence
J. Dimke denies default judgment to the Belgian ice cream producer for its complaint alleging that the manufacturing company used a wrongfully obtained patent on ice-molds and related products, which caused non-party Amazon to remove the Belgian ice cream producer's "Combo Mold" product from its listings because of reports that the Belgian ice cream producer infringed on its own product. Although the Belgian ice cream producer had difficulties in serving process to the manufacturing company, it should have served all four email addresses contained in the court's previous authorization.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: September 28, 2023, Case #: 2:22cv29, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Dimke denies judgement as a matter of law to the prison healthcare services company against the sole-surviving child's complaint alleging that the former did not give her mother adequate medical care while she was in Spokane County's jail for drug possession, resulting in her death. The prison healthcare services company claims that the nurse, not the company, is ultimately responsible for denying the decedent healthcare, but the nurse believed that the decedent required monitoring for medical issues and thus sent the decedent to medical watch as part of the prison healthcare services company's unofficial custom.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: September 27, 2023, Case #: 2:20cv410, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Rice denies the underinsured motorist insurance provider summary judgment against the insured's Consumer Protection Act claim regarding her hiring an insurance expert to evaluate the UIM insurance provider's conduct following her insurance claim for multiple injuries sustained in a car collision. It is unclear if the insurance expert's evaluation of the UIM insurance provider's alleged insurance malpractice related to the investigation is indeed separate from the instigation of the insured's CPA claim, so summary judgment is not appropriate at this time.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: September 25, 2023, Case #: 2:22cv177, NOS: Insurance - Contract, Categories: Insurance, Consumer Law, Experts
J. Rice finds in favor of the city against the minerals company's claim that the former violated the latter's right to due process when it authorized activities to surface owners on the land where the company owns mineral interests. The company does not present sufficient evidence to establish its per se physical taking claim, because the individual landowners and the city made surface-level improvements to the land, which is not the same as running underground interferences.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: September 19, 2023, Case #: 4:22cv5055, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Due Process
J. Rice grants the insurance company partial summary judgment on the insured's Insurance Fair Conduct Act claims in her complaint alleging that the insurance company must pay for her ongoing treatment for nerve injuries she sustained in an accident with an at-fault, underinsured motorist. The insurance company never claimed or indicated that it thought that the insured's claim was worth more than the $175,000 that the insurance company offered, which is not an insignificant sum of money.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: September 18, 2023, Case #: 2:22cv177, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Dimke dismisses the Christian nonprofit's lawsuit alleging that the state of Washington wrongfully enforces the Washington Law Against Discrimination in a way that narrows the religious exemption, which could allow job applicants to sue the Christian nonprofit for refusing to hire them on the basis of their sexual orientation. Although the nonprofit has sufficiently pled that it has a concrete plan to violate the law, it has failed to prove a credible threat of prosecution by the Washington State Human Rights Commission or the Washington State Attorney General.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: September 1, 2023, Case #: 1:23cv3027, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Lgbtq
J. Dimke denies judgment as a matter of law to the nursing student after a jury found in favor of the university for the student's claim that he was discriminated against for checking himself into a mental health facility, where he stated that he had homicidal ideations. It was reasonable for the jury to determine that the student's homicidal ideations "constituted a serious and credible threat to maim or kill instructors and thereby negated his status as a qualified individual" under the Americans with Disabilities Act.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: August 30, 2023, Case #: 4:18cv5089, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Education
J. Rice denies the university summary judgment regarding the student's assault and battery claims, which arises from her lawsuit alleging that her boyfriend raped her in her dorm room at the university. It is currently unclear if this claim is time-barred as there is a dispute on whether the Woodinville address of the boyfriend's father, where notice was served, qualified as the boyfriend's address, and thus if that caused an unreasonable delay for litigation.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: August 8, 2023, Case #: 2:22cv69, NOS: Education - Civil Rights, Categories: Civil Procedure, Education, Assault
J. Rice issues an injunction against the wholesaler, which arises from the government's claim that the wholesaler transferred TMA, a regulated substance, from railcars to trucks without conducting a hazard assessment, conducting training, or compiling safety information. Among other stipulations, the wholesaler must submit a complete compilation of process safety information, including information pertaining to hazards, to the U.S. Environmental Protection Agency.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: August 1, 2023, Case #: 2:21cv262, NOS: Environmental Matters - Other Suits, Categories: Environment, Agency, Injunction
J. Rice grants the farm workers leave to file a third amended complaint for the unresolved claims affected by the 2022 final rule of the U.S. Department of Labor's prevailing wage finding methodologies, as their lawsuit claims that the agency made policy changes that drastically lowered the minimum wage of farmworkers in the H-2A temporary agricultural visa system. The farm workers contend that the agency is not prejudiced by a third amended complaint that includes already known facts, and the government department does not object to challenges to discrete aspects of its new prevailing wage finding methodology.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: July 27, 2023, Case #: 1:20cv3241, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Government, Labor
J. Rice grants FedEx's motion to compel arbitration regarding the business owner's claim that FedEx's station manager made racially derogatory comments about people of color, including the business owner, and that FedEx did not provide loading assistance to the business and its drivers, which caused packages to not arrive on time. The Transportation Worker Exemption does not apply to the business or its owner because the original contract was signed between two corporate entities, FedEx and the business. Neither the business nor its owner qualifies as a worker.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: July 19, 2023, Case #: 2:23cv95, NOS: Other Civil Rights - Civil Rights, Categories: Arbitration, Civil Rights, Contract