141 results for 'court:"USDC Idaho"'.
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. Patricco denies the state's motion for certification of interlocutory appeal and stay pending appeal in a matter in which transgender women "challenge Idaho Medicaid’s allegedly discriminatory policies that deny transgender individuals essential and sometimes life-saving healthcare" and allege that "cisgender individuals receive coverage for the same or similar health care as a matter of course." The state has not shown substantial grounds for a difference of opinion regarding the controlling question of law. A stay of the case is not warranted. The state's motion for leave to file supplemental authority is granted.
Court: USDC Idaho, Judge: Patricco, Filed On: March 8, 2024, Case #: 1:22cv409, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Patricco denies in part a debt collector's motion to dismiss a couple's Fair Debt Collection Practices Act claims stemming from the debt collector allegedly making dozens of harassing phone calls, including to the couple's places of employment, to collect on a home renovation loan despite the couple informing them that they were represented by counsel and were disputing the debt. The Fair Debt Collection Practices Act claims may proceed through discovery.
Court: USDC Idaho, Judge: Patricco, Filed On: March 4, 2024, Case #: 1:23cv44, NOS: Consumer Credit - Other Suits, Categories: Debt Collection
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
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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. Brailsford denies the city's motion for protective order and grants in part an employee's motion to compel the production of documents in an employment dispute. The employee alleges that she was fired after requesting accommodations of working from home while recovering from her long-haul Covid-19 symptoms. The city should produce a privilege log listing documents individually, " describing the document with sufficient particularly to show a privilege applies." The employee will be permitted to reopen certain dispositions and the city will bear the expense. There is no evidence that the employee willfully withheld a spreadsheet and emails.
Court: USDC Idaho, Judge: Brailsford, Filed On: February 27, 2024, Case #: 4:22cv180, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Discovery, Employment Discrimination
J. Nye denies in part the government's motion to dismiss environmental groups' claims that a logging project intended to "increase the resilience of the forests in the project area to insects, diseases, drought, and the undesirable effects from wildfires" violates the National Environmental Policy Act. Portions of the previous objection potentially raise similar enough arguments regarding the groups' claim involving the project’s threat to old-growth bird habitats to put the government on notice of the claim. The groups' claim that the government failed "to analyze or disclose whether the Project trends towards the forest plan’s desired conditions" continues.
Court: USDC Idaho, Judge: Nye, Filed On: February 22, 2024, Case #: 2:23cv290, NOS: Other Statutory Actions - Other Suits, Categories: Environment
J. Nye denies a mother's motion to dismiss a youth hockey coach's allegations of defamation after she posted accusations that he'd engaged in sexual misconduct involving minors. The coach alleges that she did so in retaliation for him reducing her sons' playing time on the team, and that the posts led to him losing his coaching job. The coach sent her a cease and desist letter, but she continued posting allegations. The mother disputes whether the court has subject matter jurisdiction and claims the coach has not sufficiently documented his economic losses. "A jury could easily award [the coach] more than $75,000.00 in presumed damages" and the mother has not provided facts to support her claim that the coach's non-economic damages is $250,000 solely to meet the amount in controversy requirement.
Court: USDC Idaho, Judge: Nye, Filed On: February 22, 2024, Case #: 2:22cv529, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Nye grants one company's motion to compel and another's motion to modify the scheduling order in a contract dispute. There is good cause for granting a 120-day extension to all remaining scheduling order deadlines "with the expectation that further discovery will be limited in scope to resolve the issues of the additional material." The motion to compel is not procedurally deficient and is granted, but the deposition will be conducted remotely with a limited scope, and each deposition is not to exceed one hour.
Court: USDC Idaho, Judge: Nye, Filed On: February 14, 2024, Case #: 2:22cv399, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Dale grants in part a company's motion in limine in a contract dispute. Counsel will be prohibited from requesting documents or information that may be contained in testifying witness' records in the presence of the jury. The parties are prohibited from referring to offers of settlement. "Both parties should refrain from using the Golden rule argument to inflame the jury." Neither party shall refer to themselves as "victims."
Court: USDC Idaho, Judge: Dale, Filed On: February 12, 2024, Case #: 2:23cv208, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Contract
J. Grasham denies in part the government's motion to dismiss a dispute over ninety-three rights-of-way that cross public lands. The county seeks to validate that the rights-of-way are public roads. The government seeks to dismiss for lack of subject matter jurisdiction. The county has shown a disputed title as to nine roads under the Quiet Title Act.
Court: USDC Idaho, Judge: Grasham, Filed On: February 9, 2024, Case #: 1:21cv70, NOS: All Other Real Property - Real Property, Categories: Real Estate
J. Nye grants the Department of Energy's motion to dismiss the county's suit regarding nuclear materials stored at the Idaho National Laboratory. The county alleges that the DOE "should have determined the social and economic impacts as required." The county "has not met its burden of establishing standing...because it has not articulated an actual or concrete injury it has suffered." Additionally, "a six-year statute of limitations applies to actions brought pursuant to the APA," therefore many of the county's claims are time-barred.
Court: USDC Idaho, Judge: Nye, Filed On: February 1, 2024, Case #: 4:23cv93, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law
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. Brailsford grants in part an employer's motion to strike expert testimony regarding an employee's allegations of gender discrimination. The employee alleges that her employer abruptly removed her from a lucrative account because the client refused to work with her because she's a woman. The expert in company management and procedures in the employee's field cannot opine on discrimination
Court: USDC Idaho, Judge: Brailsford, Filed On: January 29, 2024, Case #: 1:21cv31, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Nye grants a firearm machinery company's motion to reduce undertaking in a contract dispute over products it manufactured and shipped to a firearm manufacturer and seller. The machinery company seeks damages for both shipped and unshipped manufactured products. The machinery company's application for prejudgment writ of attachment stands. The manufacturer has stipulated to and posted an undertaking to stay the writ. The funds will not be dispersed until the matter is resolved. The undertaking is reduced to reflect the reduction of damages that the machinery company seeks.
Court: USDC Idaho, Judge: Nye, Filed On: January 29, 2024, Case #: 2:22cv399, NOS: Other Contract - Contract, Categories: Contract
J. Nye grants an animal hospital and the police department's motions for summary judgment regarding an individual's allegations of libel/slander and civil rights violations after the animal hospital called police, concerned that she was "on some sort of substance" and attempting to drive. She was found sitting in her running car and arrested for driving under the influence despite explaining that she was suffering from a traumatic brain injury. When no alcohol or drugs were found in her system, she was released. The symptoms the animal hospital reported to the police: pinpoint pupils, slurred speech and swaying, were true, and therefore not defamation. Probable cause existed to support the arrest, including the fact that the individual could not complete simple tests of coordination.
Court: USDC Idaho, Judge: Nye, Filed On: January 25, 2024, Case #: 2:22cv185, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Nye grants in part a family's motion for partial summary judgment, denies a detective's motion for summary judgment, and grants a social worker's motion for summary judgment following a neighbor's report to the Idaho Department of Health and Welfare about a child's injury, which led to the removal of the children from the home due to the dirty state of the home. The detective "violated the [parents’] Fourth and Fourteenth Amendments by removing the children without a warrant." The parents "may also claim damages for the constitutional violations arising from the post-hearing forensic medical exams" of the children, which were done without the parents' consent. The detective is not protected by qualified immunity. The social worker "did not play an integral role in the warrantless removal of the children from the home."
Court: USDC Idaho, Judge: Nye, Filed On: January 23, 2024, Case #: 1:19cv308, 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. Nye grants a college's motion for summary judgment regarding an instructor's allegations of constructive discharge and violation of the covenant of good faith and fair dealing. The instructor submitted a letter stating concerns that several dental hygiene students had failed their board exams and that another was passed without knowing how to properly give injections. The college's investigation determined that the instructor had not shown any policy violations or shown evidence of retaliation when his supervisor enforced policy or gave him a different course to teach prior to filing his letter of concern.
Court: USDC Idaho, Judge: Nye, Filed On: January 16, 2024, Case #: 1:22cv62, NOS: Other Labor Litigation - Labor, Categories: Employment, Employment Discrimination
J. Brailsford denies the county's motion to dismiss a cell phone tower building and management company's challenge of a denial of its conditional use permit application to construct a cellphone tower. The tower company claims that the tower is needed to address a gap in cellular coverage. The county has not provided evidence to support its claim that the company failed to state a claim for relief
Court: USDC Idaho, Judge: Brailsford, Filed On: January 11, 2024, Case #: 1:23cv127, NOS: Other Statutory Actions - Other Suits, Categories: Communications
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. Patricco denies an environmental group's renewed motion for summary judgment and grants the government's motion for summary judgment regarding a decision memo authorizing a project "designed to reduce the risk or extent of insect or disease infestation and reduce the current and future risk of catastrophic wildfire to people, public and private lands, and infrastructure." The group did not sufficiently put the United States Forest Service on notice of the wildland-urban interface issue and "waived its challenge to the USFS’s use of HFRA’s insect and disease categorical exclusion."
Court: USDC Idaho, Judge: Patricco, Filed On: January 10, 2024, Case #: 2:19cv332, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Brailsford grants the government's motion to compel and for sanctions in a discovery dispute. The government issued a hold on a couple's passports over a delinquent federal income tax liability. The couple initiated a suit seeking to invalidate the IRS’s delinquent tax certification. The government counterclaimed for a monetary judgment against the couple for their unpaid income taxes. The couple dismissed their complaint, leaving the countersuit as the only remaining claim. The couple does not dispute that the information the government seeks is discoverable. The couple is ordered to clarify their answers to interrogatories within 30 days. The government's request for documents in the possession of the couple's former CPA is granted. Because the motion to compel is granted in full, the motion for sanctions is granted.
Court: USDC Idaho, Judge: Brailsford, Filed On: January 8, 2024, Case #: 2:22cv203, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Sanctions, Tax
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