140 results for 'court:"USDC Hawaii"'.
J. Seabright partially dismisses parts of a wrongful termination suit against the orchestra and the musicians’ union by a former flutist with the orchestra, which fired her after she did not get a Covid-19 vaccine. The flutist’s claim that the union aided and abetted the firing is preempted by labor laws. In claims against the orchestra, claims related to religious and disability accommodations are not dismissed, as the orchestra did not engage in an interactive process with the flutist who attempted to bring evidence of her religious beliefs and documented sensitivity to vaccines to the orchestra before her firing. Retaliation claims do partially survive though, as the flutist was subject to adverse action without even going through the interactive process.
Court: USDC Hawaii, Judge: Seabright, Filed On: March 29, 2024, Case #: 1:23cv415, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination, Employment Retaliation
J. Smith dismisses claims by a mother who says her daughter was wrongfully removed from her care by the Hawaii County police officers and the state’s human services department. The actions of each of the state agencies and the individual members of those agencies stemmed from reasonable belief that the child should be removed, and the mother could not provide evidence that showed otherwise.
Court: USDC Hawaii, Judge: Smith, Filed On: March 29, 2024, Case #: 1:24cv104, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Agency, Police Misconduct
J. Kobayashi partially dismisses part of a group of military families’ claims of negligence against the government for their mishandling of the Red Hill petroleum fuel leak. The part of the families’ claims accusing the Navy of failing to warn fall under a misrepresentation exception and is therefore barred. Claims about the Navy’s failure to remediate and failure to test the families’ homes also do not state factual evidence, though those claims may be amended.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 28, 2024, Case #: 1:23cv457, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Water, Negligence
J. Seabright refused to completely dismiss an employment suit against the Hawaii Symphony Orchestra by its former bassist, who said his termination based on his refusal to get a Covid-19 vaccination constituted religious discrimination. The orchestra did not show how an interactive process for the bassist’s religious exemption would have caused undue hardship or that placing the musician on leave was an adverse action. Further, allowing the bassist to play while being tested and masked would have fallen under the mayor’s pandemic proclamation exception, especially since he plays an instrument that would not require removal of a mask. Part of a retaliation claim is dismissed though as the bassist does not show being placed on leave was solely due to his refusal to vaccinate.
Court: USDC Hawaii, Judge: Seabright, Filed On: March 28, 2024, Case #: 1:23cv395, NOS: Civil Rights - Habeas Corpus, Categories: Covid-19, Employment Discrimination
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J. Smith partially denies summary judgment to a boat captain who slipped and fell on a whale watching tour boat. There is a genuine dispute of material fact if there was an unseaworthy, worn non-slip strip and fuel leak in the room where he slipped, or if this was an uncommon condition of the room. The tour company is granted partial summary judgment as to the injury to the captain’s left leg, but not to injury to his right knee. The tour company’s obligation to the health of his left leg has reached maximum medical cure, but questions remain as to whether the right knee’s condition is connected to the original injury.
Court: USDC Hawaii, Judge: Smith, Filed On: March 22, 2024, Case #: 1:22cv442, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Employment, Tort
J. Kobayashi partially denies dismissal on part of a claim against the government by military families regarding the military’s handling of the Red Hill fuel leak and subsequent water crisis. The government must face part of a negligence claim that accuses the government of not following protocols for flushing the fuel contamination from the families’ homes, as the government did not establish how following the protocols may have implicated other policy concerns. On the other hand, because the government did show how its failure to remediate constituted a discretionary decision under an exception under the Federal Torts Claims Act, that tort claim is dismissed with prejudice.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 21, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort, Negligence
J. Kobayashi dismisses a complaint by a formerly jailed man against public defenders who he says did not verify his identity when he was wrongfully arrested and detained for several years on a warrant issued for a different name. The public defenders have 11th Amendment immunity. Additionally, the decision to call for a competency evaluation on the man, rather than investigate his claims of mistaken identity, was not an act of disability discrimination or legal malpractice because the man could not show the public defenders were motivated by malice. The decision is protected by conditional privilege and counts as an exercise of government discretion, as making that decision would have required the public defenders to also question the police and correctional facilities’ records.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 15, 2024, Case #: 1:21cv456, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Legal Malpractice
J. Kobayashi dismisses a complaint by a formerly jailed man against a state doctor who he says did not verify his identity when he was wrongfully arrested and detained for several years on a warrant issued for a different name. Although the doctor could have checked hospital records years before — when the man had expressed he was not the same person from the warrant — and contributed to his release, the doctor has qualified immunity as she was not a detective or police officer immediately involved with investigating his case.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 15, 2024, Case #: 1:21cv456, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Seabright partially denies summary judgment to the university in a dispute with its women’s softball head coach, who claims the school refused to pay her the full salary for head coaches, despite paying male coaches more. The coach established that she and the male coaches, including her predecessor, were similarly experienced and were classified as part-time, just as she was, despite the university claiming her lower pay was based on the job status. The coach’s retaliation claims, however, meet the burden for summary judgment as there is no evidence that she suffered negative consequences for reported the pay gap, as was even promoted to head coach after the initial complaints.
Court: USDC Hawaii, Judge: Seabright, Filed On: March 13, 2024, Case #: 1:22cv400, NOS: Employment - Civil Rights, Categories: Education, Evidence, Employment Discrimination
J. Kobayashi remands an individual’s tobacco-related product liability case against a cigarette manufacturer to Hawaii state court. The individual did not act in bad faith when she settled with other defendants close to the trial date in the case to prevent the case from being removed. Those defendants included other cigarette manufacturers and only occurred after many settlement discussions, not just with tobacco retailers. However, the individual is denied a request for the attorney fees related to the removal to federal court as the removal was reasonable, given that there were some bad faith factors.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 11, 2024, Case #: 1:24cv87, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Settlements, Product Liability
J. Kobayashi grants remand for couple to take their tobacco-related product liability case against a cigarette manufacturer back to Hawaii state court. The couple did not act in bad faith when it settled with other defendants close to the trial date in the case to prevent the case from being removed. Those defendants included other cigarette manufacturers and only occurred after many settlement discussions, not just with tobacco retailers. However, the couple is denied a request for the attorney fees related to the removal to federal court, as the removal was reasonable given that there were some bad faith factors.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 11, 2024, Case #: 1:24cv86, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Settlements, Product Liability
J. Mollway taxes a religious organization $18,568 in its decadelong dispute with Maui over its construction of a church. The taxable costs are proper because the county attempted to meet and confer with the church, despite the church’s refusal. The costs properly encompass fees for witnesses, trial exhibits and depositions.
Court: USDC Hawaii, Judge: Mollway, Filed On: March 8, 2024, Case #: 1:14cv535, NOS: Other Civil Rights - Civil Rights, Categories: Government, Tax, Zoning
J. Mollway declines to extend the discovery deadline so the family of a woman who died on a diving excursion may conduct discovery and take preservation depositions of an expert who may be unable to make a physical appearance at trial. The magistrate judge properly denied the request to allow the deposition, as the family did not present a reason for not meeting the deadline.
Court: USDC Hawaii, Judge: Mollway, Filed On: March 8, 2024, Case #: 1:21cv475, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Wrongful Death, Discovery
J. Kobayashi partially dismisses claims of free speech violations, malicious prosecution and negligent supervision against the county and its police officers brought by a man who says officers wrongfully arrested him after he called 911 on a group of tourists. The caller could not show that his free speech was restricted by any policy of the county or the police department. Similarly, he does not show they deliberately allowed him to be arrested.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 6, 2024, Case #: 1:22cv269, NOS: Other Civil Rights - Civil Rights, Categories: First Amendment, Police Misconduct
J. Gillmor rules on several motions in limine in a wrongful death case where a mother and her infant child were killed when their home’s water heater exploded. For example, the water heater manufacturers’ request to split the trial between liability and damages is granted, as evidence toward each is not reliant on the other and bifurcation would expedite the proceedings. Evidence about the possible ignition and status of power in the neighborhood may be presented. An explosions expert’s testimony is not precluded, but his current computer animations of the explosion are excluded because they do not reflect the water heater, and the closet it was in, as they were on the day of the incident.
Court: USDC Hawaii, Judge: Gillmor, Filed On: February 21, 2024, Case #: 1:21cv254, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Tort, Product Liability
J. Watson partially dismisses a school janitor’s claims that the Hawaii education department refused to hire him on a full time basis because he is Black. The department and the individual school staff have sovereign immunity on liability claims. Claims against some of the school staff regarding aiding and abetting discrimination may proceed, as the janitor showed they were directly involved in the decision not to hire him.
Court: USDC Hawaii, Judge: Watson, Filed On: February 16, 2024, Case #: 1:22cv294, NOS: Employment - Civil Rights, Categories: Education, Immunity, Employment Discrimination
J. Kobayashi partially dismisses a negligence claim regarding a jet fuel leak at the Navy’s Red Hill Facility that compromised military families’ drinking water. The Navy testing water samples for carbons, but not specifically jet fuels due to on-island laboratory capabilities, was discretionary and a legitimate policy consideration, granting the military sovereign immunity from a portion of the families’ negligence claims. A remediation claim requires more briefing before a ruling.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: February 14, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort, Negligence
J. Watson denies a temporary restraining order and injunction to a man claiming the government has been spying on him with planes, but only partially grants the government dismissal on the self-representing plaintiff’s unreasonable search claims. The man does not provide evidence that these planes he says are surveilling him belong to the military or FBI, disfavoring a temporary restraining order, but the remote possibility that the government is responsible means the complaint is not totally implausible.
Court: USDC Hawaii, Judge: Watson, Filed On: February 14, 2024, Case #: 1:23cv329, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government
[Consolidated.] J. Gillmor rules on several consolidated motions in limine in a case involving fatal helicopter crash. Motions to exclude documents like the helicopter company’s liability waivers and night-flying policy are denied due to their relevance to the case. A request for spoliation sanctions regarding radar information that was initially deleted and then later reconstructed is denied, though the issue of admissibility will be determined at trial.
Court: USDC Hawaii, Judge: Gillmor, Filed On: February 13, 2024, Case #: 1:20cv265, NOS: Airplane - Torts - Personal Injury, Categories: Government, Wrongful Death, Aviation
[Consolidated.] J. Gillmor rules on several consolidated motions in limine in a case involving fatal helicopter crash. Motions to exclude documents like the helicopter company’s liability waivers and night-flying policy are denied due to their relevance to the case. A request for spoliation sanctions regarding radar information that was initially deleted and then later reconstructed is denied, though admissibility will be ruled on at trial.
Court: USDC Hawaii, Judge: Gillmor, Filed On: February 13, 2024, Case #: 1:20cv266, NOS: Airplane - Torts - Personal Injury, Categories: Government, Wrongful Death, Aviation
J. Mollway grants summary judgment to Hawaii and its land use commission, determining that its conversion of a parcel of land back to agricultural from urban use did not constitute a taking from the land developer, who did not build affordable housing on the land as it had promised for decades. The developer has no standing as it had transferred its interest in the property.
Court: USDC Hawaii, Judge: Mollway, Filed On: February 12, 2024, Case #: 1:17cv113, NOS: All Other Real Property - Real Property, Categories: Property, Real Estate, Zoning
J. Mollway rules on several motions in limine in a lawsuit over the state reverting a property from urban to agricultural use and preventing a developer from using it. For example, several motions related to evidence of the developer’s contractual damages are granted as they are irrelevant to its taking claims. Motions and evidence that remains include information about the reverting order and testimony about the property value.
Court: USDC Hawaii, Judge: Mollway, Filed On: February 6, 2024, Case #: 1:17cv113, NOS: All Other Real Property - Real Property, Categories: Government, Property, Zoning
J. Kobayashi partially dismisses an asylee’s claims that the city discriminated against him in denying his applications to renew his Hawaii driver’s license, finding that there was no connection between his national origin and the denial. The asylee’s asylum application was pending when he also attempted to renew the driver’s license, leading to the denial, which was based more on federal regulations than discrimination. The city did offer him a limited purpose license, so he was not completely denied access to identification.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: February 5, 2024, Case #: 1:23cv429, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Licensing
J. Seabright quashes a subpoena to the communications companies issued to discover the IP addresses of those filesharing and distributing a studio’s copyrighted films. The communications companies were used only as a “conduit” for the distribution and therefore falls under a safe harbor provision that renders the subpoena invalid. Just because the companies assigned an IP address to the distributors does not mean that they provided links or referrals to the copyrighted material.
Court: USDC Hawaii, Judge: Seabright, Filed On: January 30, 2024, Case #: 1:23cv426, NOS: Copyrights - Property Rights, Categories: Copyright
J. Kobayashi partially dismisses wrongful termination and disability discrimination claims from a former employee of the car rental company after he had a leg surgery that affected his ability to stand and walk during recovery. The rental company began the firing process before the employee filed a complaint with the EEOC, and is therefore not retaliation. Claims for lack of reasonable accommodation for parking are also dismissed as submissions for the accommodation were not submitted with adequate notice. However, similar accommodation claims for appropriate seating are not dismissed as the company was given notice for those requests. The company did also retaliate in other ways beyond termination, mainly through managers that harassed the employee about taking time off for medical appointments.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: January 29, 2024, Case #: 1:22cv246, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Kobayashi denies the lab judgment that a jury entered a wrong damages verdict unsupported by evidence in the contract between the lab and a former employee. The jury in fact correctly determined that the lab violated the employment contract by altering his compensation amounts. The employee presented sufficient evidence comparing past compensation and evidence that the experience had been emotionally traumatizing. The lab is denied a new trial as there is no evidence of clear error.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: January 22, 2024, Case #: 1:19cv310, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Employment, Evidence, Jury
J. Mollway finds that a driver is partially liable for a moped driver’s damages after the two were involved in an accident that resulted in the moped driver’s injuries. The two drivers crossed paths as the car driver made an intersection turn onto the moped driver’s lane. It is unclear whether the the vehicles physically collided but the car driver is responsible for a negligent turn that the moped driver had to swerve to avoid. The car driver is liable for only 60% of the damages given comparative negligence due to evidence the moped driver was speeding at the time.
Court: USDC Hawaii, Judge: Mollway, Filed On: January 19, 2024, Case #: 1:22cv299, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Damages, Negligence
J. Mollway dismisses injunctive and declaratory relief for a mother and grandmother who say their children were wrongfully removed from their care while the mother was incarcerated. Custody of the children remains pending in state family court, and nothing prevents the mother and grandmother from bringing their claims in that court, precluding the federal court’s involvement. Claims for damages, however, are stayed pending the state court proceedings.
Court: USDC Hawaii, Judge: Mollway, Filed On: January 19, 2024, Case #: 1:23cv578, NOS: Civil Rights - Habeas Corpus, Categories: Family Law, Jurisdiction