195 results for 'court:"USDC Oregon"'.
J. Clarke finds in favor of the church for its complaint alleging that the city violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it forced the church to significantly reduce social services, including meal service, during the Covid-19 pandemic. The city's ordinance violates RLUIPA because it is a land use regulation that inhibits the church's ability to feed the ministry, which is part of the church's religion. The ordinance is not the least restrictive way for the city to exercise its interest.
Court: USDC Oregon, Judge: Clarke, Filed On: March 27, 2024, Case #: 1:22cv156, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Covid-19
J. Simon denies the saw mill owner's motion to dismiss for forum non conveniens the import company owner's complaint the saw mill owner diverted business away from the joint venture shared between the two and refused to disclose profits. Most of the business of the alleged joint venture happened in China, but the saw mill owner should be able to obtain documents located in the country for this lawsuit, especially if the relevant business documents can be scanned and electronically sent to the United States, and it is possible to make witness testimony available either remotely or in-person.
Court: USDC Oregon, Judge: Simon, Filed On: March 27, 2024, Case #: 3:23cv499, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Simon partially dismisses the coach's complaint that the school district and others accused the coach of sexual harassment and fired him to cover up the extramarital affair of another coach. The coach's defamation claim currently fails because it is unclear if it is time barred and the coach does not provide details about the allegedly defamatory statements. The coach can file a second amended complaint if he believes that he can cure the deficiencies.
Court: USDC Oregon, Judge: Simon, Filed On: March 26, 2024, Case #: 3:22cv1923, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Nelson denies summary judgment to the metals company against the hand grind/production grinder's complaint alleging that the metals company improperly denied the grinder's claim for short-term disability benefits under the sponsored plan to treat his liver abscess. There is a genuine issue of material fact about whether the metal company's denial of the grinder's benefits after Dec. 4, 2020, when the plan was set to end even though the grinder made claims and appeals before then, was unreasonable when considering the entire administrative record.
Court: USDC Oregon, Judge: Nelson, Filed On: March 26, 2024, Case #: 3:22cv681, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Russo remands to state court the property owner's state law claims to state court alleging that the city defamed him when it arrested him for a crime he did not commit and published his mugshot before dropping all charges. The property owner's state law claims are best suited for resolution in state court given the length and circumstances of his arrest and detainment, and because the property owner brought the claims under state law against the city and its employees.
Court: USDC Oregon, Judge: Russo, Filed On: March 25, 2024, Case #: 3:21cv1838, NOS: Insurance - Contract, Categories: Property, Defamation, Jurisdiction
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J. Aiken grants the sheriff's motion for sanctions in the the state police trooper's lawsuit alleging that the deputy sheriff and the deputy sheriff sergeant denied him due process when they wrongfully arrested him for driving under the influence. Sanctions are appropriate in this matter, because the state police trooper violated the sheriff's office's discovery requests by not preserving his text messages and emails.
Court: USDC Oregon, Judge: Aiken, Filed On: March 21, 2024, Case #: 6:21cv1622, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Discovery
J. Simon declines to dismiss the fraud claim against one of the company owners from the investor's complaint, which alleges that the company owners induced the investor to put money into the cannabis business while overstating its profitability. The investor alleges sufficient facts showing that one of the company owners concealed facts about the other business that his co-owners operated that used the cannabis business' equipment without the investor's knowledge.
Court: USDC Oregon, Judge: Simon, Filed On: March 20, 2024, Case #: 3:21cv601, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Simon awards the car owner $20,000 in attorney fees and $518 in costs following a default judgment in his favor in his complaint that the car shop did not restore a 1966 Ford Mustang, lied about the restoration status, and returned the vehicle needing significant repairs. The car owner's requested hourly rates are reasonable but not all billed hours are reasonable.
Court: USDC Oregon, Judge: Simon, Filed On: March 20, 2024, Case #: 3:22cv1387, NOS: Other Contract - Contract, Categories: Vehicle, Attorney Fees, Contract
J. Mosman denies the pharmaceutical trade group summary judgment for the commerce clause claim of its complaint alleging that Andrew Stolfi, Director of the Oregon Department of Consumer and Business Services, allowed disclosure laws that unfairly require pharmaceutical manufacturers to hand over trade secrets and threaten to publicize that information if the manufacturers decide to increase their prices. Neither party is entitled to summary judgment on the commerce clause, because neither party can definitely say how House Bill 4005, which is a law providing for “drug-pricing transparency," will effect interstate commerce.
Court: USDC Oregon, Judge: Mosman, Filed On: March 19, 2024, Case #: 6:19cv1996, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Commerce, Government
J. Nelson denies the police officer summary judgment on qualified immunity in the driver's complaint alleging that the police officer used a knee strike on the driver upon pulling him out of his vehicle because the officer thought that the driver had a gun. District courts in the 9th Circuit generally agree that knee strikes are an intermediate level of force at minimum, so the police officer's conduct falls under the prohibition on the use of non-trivial force against passive resistance, and the police officer knew nothing about the driver at the time to warrant any fear that would drive the use of excessive force.
Court: USDC Oregon, Judge: Nelson, Filed On: March 18, 2024, Case #: 3:20cv731, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. McShane denies the fraudulent transfer claim in the Japanese corporation's complaint that the art supply store and others transferred property to hinder, delay or defraud creditors. The Japanese corporation alleges that the loan was part of the fraudulent scheme by the president and shareholder of one of the companies to avoid an adverse judgment by the arbitrator, but the loan and assets were not concealed from the Japanese corporation, so there is not a proven requisite intent to hinder, delay or defraud the Japanese corporation.
Court: USDC Oregon, Judge: McShane, Filed On: March 14, 2024, Case #: 6:21cv1115, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, Contract
J. Beckerman awards the employees $556,800 in attorney and paralegal fees for their class action accusing the used car dealership and others of not paying the employees their owed minimum and overtime wages. The employees argue that they are entitled to $725,100 in attorney fees, but while an hourly rate of $530 for the attorney is reasonable given his experience, unique expertise and the issue presented, the slightly difficult nature of the case is not enough to justify the requested $630 hourly rate.
Court: USDC Oregon, Judge: Beckerman, Filed On: March 12, 2024, Case #: 3:18cv372, NOS: Fair Labor Standards Act - Labor, Categories: Attorney Fees, Labor
J. Simon denies in part the city councilor's motion for summary judgment in his lawsuit alleging that his civil rights were violated when the Columbia 911 Communications District banned him from attending meetings in person after he criticized some of the decisions made by the district's board of directors. There is a factual dispute as to whether the councilor's presence at the meetings was causing harm, and the parties dispute the reason for his ban, so the councilor's First Amendment claim should head to trial. However, the councilor is correct that the board violated the Oregon Revised Statutes when it held public meetings in a virtual-only format on four occasions.
Court: USDC Oregon, Judge: Simon, Filed On: March 12, 2024, Case #: 3:23cv293, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, First Amendment
J. Aiken dismisses the former legislative equity officer's complaint alleging that the state forced him to resign because he reported the former interim legislative equity officer's unlawful practices. The former legislative equity officer claims that the state released a memo to the press describing inaccuracies in his application for the job, but a journalist had sought a public records request for the memo and he was not entitled to a notice of this request.
Court: USDC Oregon, Judge: Aiken, Filed On: March 11, 2024, Case #: 6:22cv604, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
J. Simon partially grants the trustee's motion to dismiss the attorneys' complaint that the trustee fraudulently transferred a parcel of property from Oregon to Virginia to avoid giving the attorneys their due award from an underlying lawsuit in which they represented the trustee. This is an unusual case that makes a pleading amendment at this point appropriate. In the context of Oregon’s Uniform Fraudulent Transfer Act, it is unclear how to judge the interaction between the trustee individually and in their capacity as a trustee when "assets were already held in a revocable trust and then transferred by the trust." The attorneys may file a second amended complaint.
Court: USDC Oregon, Judge: Simon, Filed On: March 11, 2024, Case #: 3:23cv1150, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property
J. Simon grants LegitScript's motion to certify the order for interlocutory appeal regarding PharmacyChecker.com's complaint alleging that LegitScript enacted a conspiracy with the National Association of Boards of Pharmacy, the Alliance for Safe Online Pharmacies and the Center for Safe Internet Pharmacies Ltd. to restrain market competition for online pharmacy verification services and comparative drug pricing information. While LegitScript asks some broad questions for certification, such as “What deprives a plaintiff of antitrust standing?," it sufficiently argues that PharmacyChecker potentially facilitating another unlawful activity might prevent antitrust standing, which could affect other antitrust cases.
Court: USDC Oregon, Judge: Simon, Filed On: March 7, 2024, Case #: 3:22cv252, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Immergut finds in partial favor of the insured in his complaint alleging that the insurance company wrongfully denied his claim for property damage caused by a landslide. The insurance company denied coverage by citing the land-and-earth-movement exception in the insured's homeowner policy. However, the owned property exception does not apply because the City of Portland ambiguously claims that the insured needs to stabilize nearby third-party property to stabilize his own property.
Court: USDC Oregon, Judge: Immergut, Filed On: March 5, 2024, Case #: 3:23cv191, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Insurance, Property
J. Mosman grants the seminar attendee and the former student $376,700 in attorney fees against the doctor's complaint that the former two made and sold Chinese medicine courses that infringe on the doctor's copyrighted pulse diagnosis method. The seminar attendee and the former student are entitled to attorney fees, because the doctor claims that those two infringed on his PowerPoint slides used to teach his technique, but his expert only identified 15 out of 120 slides as substantially similar to the doctor's, and the doctor's claim ultimately tries to protect unprotectable ideas.
Court: USDC Oregon, Judge: Mosman, Filed On: March 4, 2024, Case #: 3:21cv1694, NOS: Copyrights - Property Rights, Categories: Copyright, Experts, Attorney Fees
J. Beckerman finds in favor of the inspectors against the facility resident's complaint that the inspectors' investigation produced a false positive for drugs that caused the Oregon Department of Corrections to wrongly charge the facility resident with various rule violations, including possession and distribution of drugs. Even if one of the inspectors incorrectly interpreted the tests -- which seems to be shown by the Oregon State Crime Lab's follow-up testing -- that is not enough to establish a retaliatory motive or undermine the inspectors' use of the XCAT machine test to verify their results, nor does the facility resident show other evidence to support his claims.
Court: USDC Oregon, Judge: Beckerman, Filed On: March 4, 2024, Case #: 2:20cv866, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Prisoners' Rights
J. Aiken dismisses the students' class action alleging that the Oregon Department of Education misused shortened school day schedules for disabled students between the ages of 3 and 21, and that the misused shortened school days caused these students to “frequently fall behind academically and miss out on critical social opportunities in which they can practice appropriate behaviors.” The students argue that SB 819 leaves them vulnerable to harm to their education and social opportunities, but SB 819 was enacted to protect the students in the ways they identified in this case.
Court: USDC Oregon, Judge: Aiken, Filed On: February 29, 2024, Case #: 6:19cv96, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Education, Class Action
J. Kasubhai grants the software company's motion for attorney fees for remand proceedings relating to its complaint that the adhesive manufacturing company copied the protected design of the software company's patent for its serial number encoder. The adhesive manufacturing company's conduct during litigation makes this case exceptional, so fees are appropriate. The software company is also entitled to prejudgment interest of 9% to the $36 million damages portion of the initial final judgment.
Court: USDC Oregon, Judge: Kasubhai, Filed On: February 27, 2024, Case #: 6:17cv1685, NOS: Patent - Property Rights, Categories: Patent, Damages, Attorney Fees
J. Hernandez dismisses the Patriot Prayer members' complaint that the city shows negative reception to them and other right-leaning groups while giving positive reception to left-leaning groups and Antifa, and that the city selectively prosecuted them for causing a riot that the members claim Antifa members started. The detectives are immune from suit, the false arrest claim is untimely, and the Patriot Prayer members do not adequately plead their other claims.
Court: USDC Oregon, Judge: Hernandez, Filed On: February 26, 2024, Case #: 3:23cv833, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Hernandez grants the city's modified motion to reduce the punitive damages award of the driver's claim that the officer did not have probable cause to arrest him for stealing his own vehicle. The punitive damages award is reduced from $2 million to $650,000 because the driver used improper evidence about the officer's use of force without clarifying how much force he used in other encounters to improperly influence the jury, and the driver does not cite other cases with a similar punitive damages award and comparable facts. The driver is to notify the court on whether or not he will accept remittitur of the punitive damages award or if he will request a new trial on punitive damages within 14 days of this order.
Court: USDC Oregon, Judge: Hernandez, Filed On: February 22, 2024, Case #: 3:22cv721, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Damages, Police Misconduct
[Consolidated.] J. Immergut appoints Dr. Lawrence Lo as lead plaintiff in the investors' class action that the nuclear power company and its current and former executives falsely claimed that they could fulfill large contracts with Utah Associated Municipal Power Systems and Standard Power. Dr. Kevin Liang Li opposes Dr. Lo as lead plaintiff, but Dr. Lo's claims are "reasonably co-extensive with other class members'," and the 9th Circuit does not support Dr. Li's assertion to disqualify Dr. Lo because he did not retain his shares through every corrective disclosure.
Court: USDC Oregon, Judge: Immergut, Filed On: February 22, 2024, Case #: 3:23cv1689, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Civil Procedure, Securities, Class Action
J. Aiken dismisses the respiratory therapist's complaint alleging that the healthcare company placed her on unpaid administrative leave after it granted her a religious exception for the Covid-19 vaccine. The respiratory therapist says that taking the vaccine would violate "the purity of her body," but she does not explain how or what specific religious beliefs taking the vaccine violates.
Court: USDC Oregon, Judge: Aiken, Filed On: February 21, 2024, Case #: 6:23cv12, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Immergut denies summary judgment to the distributor against the lost earning capacity claim of the driver's complaint alleging that its employee caused the head-on car collision that caused the driver's open right femur fracture. The distributor does not prove as a matter of law that the driver's claim should be dismissed, because the driver sufficiently alleges that his work could be impaired because he now experiences a reduced range of motion in his right leg and other lingering injuries.
Court: USDC Oregon, Judge: Immergut, Filed On: February 20, 2024, Case #: 3:22cv902, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Vehicle, Negligence
J. Armistead denies the boyfriend summary judgment against the girlfriend's complaint that the boyfriend did not pay her $400,000 after he broke the infidelity provision of their domestic partner agreement. The agreement does not prohibit the boyfriend from cheating, but the agreement states that the property is divisible if the boyfriend cheats and the relationship dissolves.
Court: USDC Oregon, Judge: Armistead, Filed On: February 16, 2024, Case #: 3:23cv459, NOS: Other Contract - Contract, Categories: Property, Contract
J. Immergut declines to dismiss the executive assistant's complaint that the hospital wrongfully denied her a religious exemption for the Covid-19 vaccine and fired her one month after her request. The hospital argues about the particularities of the executive assistant's religious beliefs, which is not enough to dismiss the complaint, and the hospital does not show that it would have suffered undue hardship if it did accommodate her religious beliefs.
Court: USDC Oregon, Judge: Immergut, Filed On: February 15, 2024, Case #: 3:23cv216, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination