212 results for 'court:"USDC Nevada"'.
J. Traum grants the insurer's motion for summary judgment. The driver's personal insurer brings this claim against the insurer of his company seeking equitable indemnity or subrogation for a payment of uninsured motorist coverage benefits. The driver incurred more than $1 million in injuries while driving for a company insured by the accused insurer. The driver's personal insurer seeks to recover the $250,000 it paid under the policy limit. The insurers had a sufficient relationship to permit equitable relief. The driver's insurer's prompt resolution of claims further supports finding the accused insurer should indemnify.
Court: USDC Nevada, Judge: Traum , Filed On: March 22, 2024, Case #: 2:22cv1133, NOS: Insurance - Contract, Categories: Employment, Insurance, Indemnification
J. Navarro grants the subcontractor's motion for partial summary judgment. The construction company alleges the subcontractor abandoned its contract to construct a temporary phasing facility for the company's renovation of the Air Force base hospital, requiring it to add a second phasing facility. The company's use of the second facility was not reasonably contemplated by the parties at the time of the contract. The use of the second facility does not reasonably arise from the breach itself, as it deviated from what the subcontractor was obligated to provide.
Court: USDC Nevada, Judge: Navarro , Filed On: March 21, 2024, Case #: 2:20cv790, NOS: Miller Act - Contract, Categories: Construction, Contract
J. Jones grants the ex-wife's motion for attorney fees and costs in the amount of $84,000. The extra-marital lover filed this suit against her lover and his ex-wife, alleging they were involved in sex trafficking. The suit was found to be frivolous and an abuse of judicial process because the facts provide no basis to find the ex-wife did anything wrong. All factors were correctly considered, and the accuser's arguments are without merit.
Court: USDC Nevada, Judge: Jones , Filed On: March 20, 2024, Case #: 3:21cv458, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Attorney Fees
J. Jones grants the consumer relationships software manufacturer's motion for re-taxation of costs and $6.8 million in attorney fees. Although summary judgment was granted in favor of the manufacturer in this suit alleging that it infringed certain cyber patents, a subsequently discovered clerical error supports the manufacturer's motion. Also, because the patentee's continuing to litigate after claim construction ended any likelihood of prevailing on the merits, an award of attorney’s fees is warranted.
Court: USDC Nevada, Judge: Jones , Filed On: March 20, 2024, Case #: 3:13cv628, NOS: Patent - Property Rights, Categories: Patent, Attorney Fees, Technology
J. Dorsey awards the litigation support company $217,500 in damages in this trademark infringement suit. The infringing company waived its unenforceable penalty defense because of its failure to raise it in a timely manner, which materially prejudiced the other company's ability to obtain and present evidence. The liquidated-damages provision entitles the company to the award.
Court: USDC Nevada, Judge: Dorsey , Filed On: March 19, 2024, Case #: 2:20cv2035, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Damages
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J. Silva grants AutoZone's motion for summary judgment. After the sales associate filed a complaint against a manager for sexual harassment, the ensuing investigation led to the termination of the manager. The sales associate was invited to return to work, but did not, and his employment was then terminated. Though the associate seeks damages against AutoZone, the facts do not support his hostile work environment claim since the manager was fired.
Court: USDC Nevada, Judge: Silva , Filed On: March 19, 2024, Case #: 2:22cv316, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Retaliation
J. Navarro grants the rolling paper manufacturer's motions for default judgment and permanent injunction on its allegations a competitor misappropriated its packaging design and slogans. The competitor has not filed a response to the allegations, all factors have been considered and default judgment is appropriate. Furthermore, the manufacturer has suffered and will continue to suffer irreparable injury without a permanent injunction.
Court: USDC Nevada, Judge: Navarro , Filed On: March 15, 2024, Case #: 2:22cv1648, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Silva grants the developer's motion to dismiss his former partner's contract claim. The developer made significant purchases of shares of cannabidiol companies on his long-term partner's recommendation, a move that also included discussion of a 50/50 partnership. Though certain meetings were held in Nevada, investments were made in companies headquartered in other states, and the developer has not purposefully conducted business in Nevada or purposefully directed his activities toward Nevada. There is no basis for jurisdiction.
Court: USDC Nevada, Judge: Silva , Filed On: March 14, 2024, Case #: 2:22cv821, NOS: Other Contract - Contract, Categories: Securities, Partnerships, Contract
J. Du finds the bankruptcy court improperly granted a reinsurer's motion for partial summary judgment, denying the debtor discharge from bankruptcy. The court made an adverse credibility determination and overlooked a genuine dispute of material fact in ruling the debtor fraudulently omitted information involving several LLCs from his bankruptcy schedules.
Court: USDC Nevada, Judge: Du, Filed On: March 14, 2024, Case #: 2:23cv688, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Fraud
J. Dorsey denies an injured Brazilian tourist's motion to set aside a judgment entered against him. The tourist and his wife were struck by a Hertz vehicle driven by another customer. The tourist's estimation the car return area's design contributed to the crash overstates the alleged misconduct. He has not shown he could not have discovered the experts’ misrepresentations through pretrial diligence or that these errors merit the drastic remedy sought.
Court: USDC Nevada, Judge: Dorsey , Filed On: March 13, 2024, Case #: 2:18cv1522, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Corporations, Vehicle, Negligence
J. Youchah grants the job applicant's motions for sanctions and for leave to supplement the motion. The applicant says the bank delayed production of documents that would show it did not intend to employ him, only wanting his book of business, and terminating him on the first day of the job. The bank offers no reasonable excuse for its failure to timely produce documents or a witness.
Court: USDC Nevada, Judge: Youchah , Filed On: March 11, 2024, Case #: 2:20cv2285, NOS: Other Contract - Contract, Categories: Employment, Sanctions, Contract
J. Weksler grants the former employee's motion for sanctions. The employee brings claims against AutoZone for sexual discrimination arising from his manager's sexual advances, including taunting the employee with a dildo and masturbating out of range of the store's surveillance cameras. The employee seeks sanctions against AutoZone due to surveillance video showing certain events having been overwritten. Sanctions are appropriate for spoilation, and the court will preclude AutoZone from arguing the video did not corroborate allegations but will allow it to argue it did not show any masturbation.
Court: USDC Nevada, Judge: Weksler , Filed On: March 11, 2024, Case #: 2:22cv316, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Emotional Distress, Employment Discrimination
J. Traum grants the equipment rental company's motion for summary judgment in its employment agreement-related against a former sales rep. The sales rep was hired pursuant to a noncompetition agreement and began communicating with a competitor about job opportunities after having a dispute with his supervisor. After this, the sales rep requested a copy of the agreement to ensure that he was complying with all restrictive covenants and created a 103-page list of customers by taking screenshots of customer information. Sufficient evidence supports the judgment.
Court: USDC Nevada, Judge: Traum , Filed On: March 5, 2024, Case #: 2:21cv2190, NOS: Other Contract - Contract, Categories: Commerce, Evidence, Contract
J. Du grants the ranchers' motion to dismiss a Peruvian work visa worker's allegation the ranch association and member ranches restrained trade for the purpose of wage-fixing. Though the worker has not sufficiently alleged each ranch specifically engaged in an anti-competitive agreement, allegations the association made an unlawful agreement with certain members are plausible. The worker is given leave to amend.
Court: USDC Nevada, Judge: Du, Filed On: March 4, 2024, Case #: 3:22cv249, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, Commerce
J. Baldwin denies Union Pacific's motion to exclude improperly obtained photos. The switchman who was injured after slipping on debris while attempting to board a moving train brings this negligence claim for Union Pacific's alleged failure to provide clear walkways. Though the photos were obtained outside the discovery process, the switchman's attorneys acted in good faith when entering a facility to get them. Inclusion of the photos will not be detrimental to a fair and orderly trial.
Court: USDC Nevada, Judge: Baldwin , Filed On: March 4, 2024, Case #: 3:22cv479, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, Negligence, Premises Liability
J. Gordon grants the Department of Veterans Affairs' motion for summary judgment as to the patient's medical malpractice claim. The patient alleges the VA's medical provider negligently performed non-emergency invasive sinus surgery without his informed consent. The VA's liability under the Federal Tort Claims Act is determined by state law. The surgery was performed in Alabama, and malpractice claims based on alleged surgical negligence are barred by Alabama’s four-year statute of repose. The VA’s motion did not address allegations its provider also negligently failed to diagnose the patient's post-procedure nerve damage and, therefore, that claim remains pending.
Court: USDC Nevada, Judge: Gordon , Filed On: March 1, 2024, Case #: 2:22cv1823, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, Veterans, Medical Malpractice
J. Navarro grants the winery's motion to dismiss stockholders' claims the winery committed securities fraud, which caused the value of its stocks to decline. The new company, just months after going public, disclosed material internal accounting failures and then hired a CFO with public company experience along with more accounting staff. The stockholders make no particularized allegations the winery was intentionally fabricating accountings, knew it was violating accounting principles or was deliberately reckless in not investigating inventory.
Court: USDC Nevada, Judge: Navarro , Filed On: March 1, 2024, Case #: 2:22cv1915, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Accounting Malpractice, Business Practices
J. Dorsey grants the taxi company's motion to dismiss the concert of action claim. The company's driver filed an insurance claim against the other driver's policy after an accident, causing the other driver's rates to go up. The other driver's concert of action claim says the claim was false but fails to identify a scheme the company had with a lawyer it referred to its driver. The only relevant allegations against the company are that its driver “most likely” knew to contact the lawyer from the cab company, which would be familiar with personal injury lawyers.
Court: USDC Nevada, Judge: Dorsey , Filed On: February 29, 2024, Case #: 2:19cv1173, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Insurance, Vehicle
J. Navarro grants State Farm's motion for summary judgment on it action seeking clarification of its duties to defend and indemnify the law firm and lessor of an airplane hangar pursuant to an insurance policy issued for potential liabilities stemming from a state suit filed by the LLC formed by the law firm's principles against the firm. Firm employees, who were directed to move files and personal vehicles from the hangar, moved the plane owned by the LLC without authorization. The plane was damaged and State Farm rejected the LLC's demand for reimbursement. The firm, through its employees, had exclusive control of the plane when the damage occurred, and the contractual care, custody and control exclusion applies.
Court: USDC Nevada, Judge: Navarro , Filed On: February 29, 2024, Case #: 2:22cv1015, NOS: Insurance - Contract, Categories: Insurance, Premises Liability
J. Hicks denies Union Pacific's motion for summary judgment in this personal injury suit. The laborer was placed on light duty after being injured, though he was asked at one point to remove a tire from a backhoe and take it for repairs. Though Union Pacific says it could not have foreseen that the laborer would execute the work without help, the laborer was never trained on backhoe tire removal. This creates the genuine issue of fact that Union Pacific could have reasonably foreseen a potential injury.
Court: USDC Nevada, Judge: Hicks , Filed On: February 29, 2024, Case #: 3:21cv57, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Tort, Premises Liability, Labor
J. Dorsey grants Las Vegas Fire and Rescue's motion for summary judgment on a fire engineer's retaliation and sexual harassment claims after reporting that, during a visit by guests of a coworker, he heard kissing noises in his coworker’s dorm and was shown a 15-second video of “a man’s genitalia eclipsing the sun." The engineer contends his report led to threats made against him, ostracization and losss of opportunities. The facts fall short of establishing any of the claims. Though visitor policy violations occurred, no evidence shows the engineer's briefly overhearing certain things contributed to the injuries alleged.
Court: USDC Nevada, Judge: Dorsey , Filed On: February 29, 2024, Case #: 2:21cv1405, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Employment Retaliation
J. Mahan grants the officer and the life insurance company's motions to dismiss. The law firm negotiated a settlement with the city regarding workers' compensation benefits for the officer's injury, which occurred in the line of duty. The officer also has a claim for long term disability benefits under a policy insured by the company, and the law firm perfected a lien for fees and costs under the retainer agreement constituting 40 percent of total recovery benefits. However, the insurance company is not a contemplated party in the retainer agreement, and the agreement does not permit the firm to collect 40 percent of the long-term disability insurance proceeds.
Court: USDC Nevada, Judge: Mahan , Filed On: February 28, 2024, Case #: 2:23cv1151, NOS: Other Contract - Contract, Categories: Insurance, Contract, Workers' Compensation
J. Du denies, in part, a healthcare network's motion to dismiss the former employee's employment discrimination action. She sufficiently alleges a supervisor subjected her to verbal or physical harassment based on her race; therefore, her claims of a hostile work environment may proceed.
Court: USDC Nevada, Judge: Du, Filed On: February 27, 2024, Case #: 3:21cv352, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Navarro grants the pet product manufacturer's motion to dismiss a competitor's declaratory judgment action asserting it did not infringe upon patents when the manufacturer submitted an Amazon Marketplace infringement claim. Amazon removed the accused products, though it has subsequently confirmed the products are again listed for sale. The covenant not to sue does not extend to any planned selling of new products but focuses only on the accused products. The complaint does not request a declaratory judgment as to anything other than the accused products, and there is no longer an actual controversy.
Court: USDC Nevada, Judge: Navarro , Filed On: February 27, 2024, Case #: 2:23cv483, NOS: Patent - Property Rights, Categories: Commerce, Patent
J. Jones grants the mining company's motion for summary judgement as to the former employee's disability discrimination claims. At the time of his termination, the employee was not disabled under the Americans with Disabilities Act. Though the employee was in a work-related accident prior to his termination, available medical records provided by his doctor indicated he did not suffer a permanent disability.
Court: USDC Nevada, Judge: Jones , Filed On: February 22, 2024, Case #: 3:21cv495, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Health Care, Employment Discrimination, Employment Retaliation
J. Silva denies, in part, the school district's motion for summary judgment on a former teacher's claims of race and gender-based discrimination, in which she says she was denied access to various essentials, including training, license renewal, recognition, and inclusion in staff communications. The school concedes the decision to reassign her was a product of her medical leave, which creates a genuine issue of material fact sufficient to survive summary judgment.
Court: USDC Nevada, Judge: Silva , Filed On: February 21, 2024, Case #: 2:21cv23, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Mahan grants the law firm's motion for summary judgment on a claim for unpaid overtime wages filed by the widower of the late paralegal. The firm paid its paralegals on salary and did not keep detailed records of work schedules. Based on computer login and out records, and a lack of other substantive evidence, the paralegal did not meet her burden of producing sufficient evidence of overtime work to survive summary judgment. The widower's declaration that he observed his wife working at home does not create a factual dispute over whether the firm should have known that she may have worked overtime.
Court: USDC Nevada, Judge: Mahan , Filed On: February 20, 2024, Case #: 2:18cv960, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Evidence, Contract