507 results for 'court:"USDC Western District of Washington"'.
J. Evanson denies the police officer summary judgment for the family's 14th Amendment claim in their complaint accusing the city's officers of wrongfully and fatally shooting their loved one on Nov. 1, 2020, after they attempted to bring him in for questioning for a domestic violence situation. The city concedes that it is unclear if the police officer is entitled to qualified immunity because the court denied its motion to strike evidence that the family relied on in their opposition.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: April 19, 2024, Case #: 3:22cv5759, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Lin denies the engineering plastics company's motion to vacate the arbitration award in Amazon's favor, arguing that Amazon does not deserve it because the withholding provision of their contract is a penalty provision, not a liquidated damages provision. The arbitrator did not manifestly disregard the law in her decision, because she was fully briefed on the issue, correctly identified the legal standard, and applied the correct standard to the case facts.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 17, 2024, Case #: 2:23cv1693, NOS: Arbitration - Other Suits, Categories: Arbitration, Contract
J. Settle denies the state's motion for reconsideration of the court's prior order denying in part the state's bid for dismissal of a challenge to HB 1470, which requires a slew of rules and regulations for private detention facilities that appear to place a burden on the Northwest Detention Center. The state does not show any manifest error that the court made during its ruling, and it once again does not state the similarities between detention centers and residential treatment facilities that might question the ruling. Also, the preliminary injunction against the Department of Health and the Department of Labor and Industries holds, because both are appointed by and serve the governor.
Court: USDC Western District of Washington, Judge: Settle, Filed On: April 15, 2024, Case #: 3:23cv5626, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Injunction
J. Lin grants Amazon default judgment on all claims but the false advertising claim in its complaint alleging that the sellers sold counterfeit Amazon Fire TV remotes on Amazon's online marketplace. Amazon proves that the sellers violated its trademark by selling counterfeit Amazon Fire TV remotes bearing Amazon's Smile trademark, which is likely to cause confusion among consumers.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 12, 2024, Case #: 2:23cv1060, NOS: Trademark - Property Rights, Categories: Trademark
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J. Lasnik denies Mercedes-Benz summary judgment for an unjust enrichment claim in the consumer's class action alleging that Mercedes-Benz manufactured and sold vehicles with defective brakes. Mercedes-Benz argues that the Washington Products Liability Act preempts the consumer's unjust enrichment claim, but the consumer is seeking to recover economic losses which the WPLA does not preempt, and the consumer plausible infers that the money he paid for the vehicle enriched Mercedes-Benz.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: April 11, 2024, Case #: 2:22cv665, NOS: Contract Product Liability - Contract, Categories: Vehicle, Product Liability, Contract
J. Martinez denies summary judgment to the logistics company for an unjust enrichment claim in the sporting goods company's complaint alleging that the logistics company did not take reasonable precautions to protect the sporting goods company and other customers from a February 2022 cyberattack. The sporting goods company plausibly alleges that the logistics company benefited from charging the sporting goods company for its business when the logistics company shut down following the cyberattack.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: April 11, 2024, Case #: 2:23cv1816, NOS: Other Contract - Contract, Categories: Contract
J. Cartwright denies the video game company summary judgment for the contract claim in the video game developer's complaint alleging that the company refused to pay the developer royalties for the game "7 Days to Die." The video game company argues that the statute of limitations for the video game developer's claim began when the company first paid him on “net profits after expenses," but the contract in question was part of continuing services, so the statute of limitations does not apply.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: April 10, 2024, Case #: 3:22cv5718, NOS: Other Contract - Contract, Categories: Contract
J. King grants the consumer credit reporting agency's motion to compel arbitration in the consumer's complaint that the former refused to delete inaccurate information from his credit files. The arbitrator provision of the parties' contract is clear that the arbitrator has exclusive authority to resolve disputes "relating to...any...term of this agreement," and the consumer credit reporting agency did not waive its right to arbitration when it did not raise an affirmative defense.
Court: USDC Western District of Washington, Judge: King, Filed On: April 8, 2024, Case #: 3:23cv5294, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Contract
J. Martinez awards the shipyard $959,100 in attorney fees and costs after it was awarded $40,000 for its negligence counterclaim against the towing service. The parties' tow agreement clearly and separately provides that the prevailing party may obtain attorney fees. However, certain "write-off" fees are reduced from the shipyard's request for $1.4 million in fees, and a further 20% reduction is appropriate "due to the disproportionality between the fee request and damages awarded at trial."
Court: USDC Western District of Washington, Judge: Martinez, Filed On: April 5, 2024, Case #: 2:20cv416, NOS: Other Contract - Contract, Categories: Negligence, Attorney Fees, Contract
J. Pechman finds in favor of Oppenheimer & Co. for its complaint seeking to prevent the investors from asserting claims against it in a Financial Industry Regulatory Authority (FINRA) arbitration case, as the investors want to recover funds they lost in a private equity fund called Horizon Private Equity III LLC that an Oppenheimer-registered broker allegedly created and operated for a Ponzi scheme. The Oppenheimer & Co. has no obligation to arbitrate any and all claims that the investors asserted in the underlying FINRA arbitration case because the investors do not present any evidence that the registered broker facilitated the purchase through the trust company.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: April 5, 2024, Case #: 2:23cv67, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Securities
J. Pechman dismisses the internet security company's complaint that Microsoft wrongfully used compromised account credential data to check against any login credentials entered into any website, brands and domains even if it it didn't belong to Microsoft. The contract does not have any limitations on how Microsoft could use the data, and the internet security company does not explain what Microsoft Edge web browser and active directory federation service did and how it violated the contract.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: April 2, 2024, Case #: 2:23cv899, NOS: Other Contract - Contract, Categories: Contract
J. Cartwright partially denies the government's motion to dismiss the government-contracted worker's complaint alleging that his excavator slid on the government's forest route, leading to his injuries. The government seeks to dismiss the worker's claims based on the discretionary function exception to the Federal Tort Claims Act, but the worker's claim that the Forest Service allowed logging to begin over the stretch of road where the worker's accident happened despite the contractor pointing out the hazard of an eroded shoulder survives, because that depends on disputed facts that must be resolved at trial.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: April 2, 2024, Case #: 3:22cv5303, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort
J. Robart denies summary judgment to the nutrition supplement company for the contract claim in its complaint alleging that the advertising agency breached the contract by demanding payment for expenses and creative services. The nutrition supplement company does not state which provisions of the contract the advertising agency breached.
Court: USDC Western District of Washington, Judge: Robart, Filed On: April 1, 2024, Case #: 2:22cv1063, NOS: Other Contract - Contract, Categories: Contract
J. King denies Brooks Sports' motion for $1 million in attorney fees for the shoemaker's complaint that Brooks infringed on the shoemaker's patent titled, “Shoe with Cushioning and Speed Enhancement Midsole Components and Method for Construction Thereof.” The counsel's failure to "carry the day" before the Patent Trial and Appeal Board and the shoemaker's failure to obtain and test the accused DNA material does not make this case exceptional, and thus does not justify the request.
Court: USDC Western District of Washington, Judge: King, Filed On: March 31, 2024, Case #: 2:17cv1322, NOS: Patent - Property Rights, Categories: Patent, Attorney Fees
J. King grants the pet products company an injunction regarding its complaint that the store is manufacturing and selling products, including a pet hair remover, that infringe on the pet products company's patent. The pet products company shows that the store infringed on its copyright, and evidence shows that an injunction serves in the public interest as opposed to harming the public interest.
Court: USDC Western District of Washington, Judge: King, Filed On: March 31, 2024, Case #: 2:20cv1768, NOS: Patent - Property Rights, Categories: Copyright, Patent, Injunction
J. King remands to the arbitrator the food company's complaint that it did not breach the collective bargaining agreements by trying to vacate the award in the unions' favor or by filing an unfair labor practice charge with the National Labor Relations Board. The arbitrator should handle this dispute, because the food company does not cite any evidence that the arbitrator "cannot account for the back pay tolling issue when specifying the proper 'formulae' for implementing the 'make whole' remedy and conducting the back pay calculation on remand."
Court: USDC Western District of Washington, Judge: King, Filed On: March 30, 2024, Case #: 2:19cv1736, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Evidence, Labor
J. Whitehead awards the nonprofit organization $359,100 in attorney fees following a consent decree for its complaint that the state government office enacted hatchery programs that affected the threatened Puget Sound steelhead and did not undergo required review, in violation of the Endangered Species Act. The attorneys' requested rates range from $290 per hour to $700 per hour based on the level of experience, which are reasonable.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 30, 2024, Case #: 2:21cv169, NOS: Environmental Matters - Other Suits, Categories: Environment, Attorney Fees
J. Robart grants summary judgment and $874,400 to the trust fund for its complaint that the construction company did not make the required employee benefit contributions. The construction company does not rebut the trust fund's evidence that the former did not make the required contributions when the construction company did not report certain compensable hours for its bargaining unit employees, and that the construction company also overpaid certain contributions during the January 2021 through September 2022 audit period.
Court: USDC Western District of Washington, Judge: Robart, Filed On: March 29, 2024, Case #: 2:22cv799, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa
J. King partially grants the trust funds' motion to compel an audit for their complaint alleging that the glazing work company did not remit reports and fringe benefit contributions to the trust funds for each hour of covered labor performed by its employees. The trust funds sufficiently allege that collective bargaining agreements and trust agreements give them the authority to audit participating employers' payroll records. The glazing work company must submit its payroll and related records to the trusts funds and their auditors, so they can complete an audit in accordance with the CBA and trust agreements.
Court: USDC Western District of Washington, Judge: King, Filed On: March 29, 2024, Case #: 2:22cv1831, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Discovery
J. Whitehead denies summary judgment to the insurance company against the Insurance Fair Conduct Act claim of the insured's complaint alleging that the insurance company refused to pay her $55,000 owed for her underinsured motorist claim. It is unclear if the insurance company's offer was the result of an adequate investigation, because it is still unclear if the insured's injuries are traceable to the accident with the underinsured motorist.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 29, 2024, Case #: 2:23cv216, NOS: Insurance - Contract, Categories: Insurance, Vehicle
J. Whitehead declines to dismiss Amazon's complaint that the research institute refused to refund Amazon after it did not supply the company with the promised disposable medical gloves. Amazon sufficiently alleges that the research institute's employees and officers are its alter egos, that they knowingly made false promises about the disposable medical gloves, and that some misrepresentations happened before Amazon made the purchase.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 29, 2024, Case #: 2:21cv753, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Rothstein declines to dismiss the contract claim of the account holder's complaint alleging that the bank did not properly investigate a $140,000 fraudulent withdrawal. The claim survives because each time the bank allowed a fraudulent transfer was a distinct and separate error instead of a collective single error, and the deposit account agreement requires the bank to investigate any discrepancies a customer brings to its intention and to give the account holder a copy of reviewed investigative documents.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 29, 2024, Case #: 3:23cv5698, NOS: Consumer Credit - Other Suits, Categories: Fraud, Consumer Law, Contract
J. Rothstein denies Boeing summary judgment on the hostile work environment claim in the employee's complaint alleging that Boeing did not properly investigate his complaint against a manager and did not stop its employees from harassing the employee after he filed a workers’ compensation claim for a “brain/mental/stress” injury. The hostile work environment claim is not time barred because a reasonable jury could consider that the incident with the manager is part of an ongoing hostile work environment.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 29, 2024, Case #: 3:22cv5728, NOS: Employment - Civil Rights, Categories: Employment, Jury
J. Chun grants an injunction to one member of the university's Institutional Animal Care and Use Committee (IACUC) against the university, as the member alleges that the university will otherwise give non-party PETA and other animal rights groups records that associate the member with the IACUC. While other IACUC members involved in this case disclosed their identities, the member in this order did not, and he is not obligated to reveal his identity.
Court: USDC Western District of Washington, Judge: Chun, Filed On: March 29, 2024, Case #: 2:24cv170, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction