69 results for 'judge:"King"'.
J. King finds the district court improperly allowed the Texas residents to seek prospective relief against state employees involved in the state's taking of their unclaimed property. The residents have not demonstrated standing to seek prospective relief and have not met their burden to proceed with constitutional claims under the immunity exception. Reversed.
Court: 5th Circuit, Judge: King , Filed On: November 16, 2023, Case #: 22-50828, Categories: Constitution, Property, Immunity
J. King grants the Deferred Action for Childhood Arrivals (DACA) participant final approval of the class action settlement, attorney fees and costs for his claim that the credit union denied his second auto loan application after accepting his first because his DACA documentation was "not acceptable for financing," and that the credit union wrongfully conducted hard credit pulls that lowered his and other non-citizen residents' credit scores. The settlement will award $759 in damages to each of the 246 settlement class members and provide prospective relief intended for non-citizens who apply for future loans or membership with the credit union, weighs in favor of approval.
Court: USDC Western District of Washington, Judge: King, Filed On: November 9, 2023, Case #: 3:21cv5148, NOS: Other Civil Rights - Civil Rights, Categories: Immigration, Settlements, Class Action
J. King declines to reconsider a discovery order in claims contending employees had not been paid for time spent commuting to and from retail job sites because the court already ruled on the discovery request for global positioning systems stored on the employees' electronic devices, and this motion simply asks the court to reevaluate the same facts and legal arguments.
Court: USDC New Jersey, Judge: King , Filed On: November 7, 2023, Case #: 1:22cv1998, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Employment
J. King finds that the lower court improperly granted the motion to suppress filed by defendant in this case over his unlawful possession of a firearm. The police had reasonable suspicion to pursue defendant when they saw a bulge in his waistband that could be a possible firearm. Reversed.
Court: Pennsylvania Superior Court, Judge: King, Filed On: November 7, 2023, Case #: J-A03035-23, Categories: Evidence, Firearms, Search
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. King grants Starbucks' cross-motion for expedited discovery regarding the employee's lawsuit alleging that Starbucks harassed or fired its employees for engaging in union-organizing activities. Starbucks demonstrates a need for some discovery and some of its requested discovery areas, including the depositions of those who submitted affidavits so Starbucks can explore the basis of their assertions, are reasonable.
Court: USDC Western District of Washington, Judge: King, Filed On: October 27, 2023, Case #: 2:23cv1000, NOS: Other Labor Litigation - Labor, Categories: Discovery, Labor
J. King awards the sales engineer $378,700 in attorney fees and $4,900 in costs for his complaint that the machine industry company laid him off because he extended his medical leave. The sales engineer submits evidence that his counsel's hourly rates are reasonable, and his unsuccessful claims are not excluded because they were based on the same "common core of facts" as his successful claims. However, counsel is not entitled to an upward adjustment of the lodestar amount because their rates "already reflect the expected quality of their work."
Court: USDC Western District of Washington, Judge: King, Filed On: October 23, 2023, Case #: 2:20cv1030, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination, Attorney Fees
J. King finds the lower court correctly denied the defendant a writ of coram nobis relief. The defendant argued that his 1993 conviction was predicated on a charge for shooting a gun at a police officer that no longer is classified as a crime of violence. The defendant failed to show that the charge in question was the only reason for his sentence. Affirmed
Court: 4th Circuit, Judge: King, Filed On: October 20, 2023, Case #: 20-7579, Categories: Firearms, Sentencing
J. King dismisses the relator's complaint that Boeing hid that its subcontractor, GDC Technics, was on the brink of insolvency and actually certified GDC's compliance with all contractual and regulatory requirements when it accepted a contract that the relator's company could have taken. The relator supports his express certification allegation with only a two-sentence footnote, which is not enough to make a convincing argument.
Court: USDC Western District of Washington, Judge: King, Filed On: September 29, 2023, Case #: 2:19cv600, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Government, False Claims
J. King grants the homeowners $1,000 in damages for Fair Debt Collection Practices Act violations and $4,800 in attorney fees for their complaint alleging that the collection agency threatened to file a lawsuit against them for not paying an alleged debt due to a dispute regarding door installation services on their home. The collection agency wrongfully contacted the homeowners on several occasions before 8 a.m., with the number of contact attempts qualifying as harassment.
Court: USDC Western District of Washington, Judge: King, Filed On: September 22, 2023, Case #: 2:21cv227, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Damages, Attorney Fees
J. King denies the students' motion for a preliminary injunction in their lawsuit alleging that Superintendent of Public Instruction Chris Reykdal wrongfully denied the students access to free appropriate public education under the Individuals with Disabilities Education Act because they turned 21. The students do not demonstrate that they will suffer irreparable harm without an injunction, because the students do not present evidence that they will experience the same effects from the end of their special education services as they did when schools suddenly closed due to the Covid-19 pandemic.
Court: USDC Western District of Washington, Judge: King, Filed On: August 31, 2023, Case #: 2:22cv1621, NOS: Education - Civil Rights, Categories: Education, Covid-19, Injunction
J. King finds the lower court improperly determined that the charging document mandate, required by an extradition treaty signed by the U.S. and Lithuania, does not require a charging document analogous to an indictment under American law. The Lithuanian accused of white-collar real estate crimes in his home country was only notified of suspicion by the authorities rather than being delivered a charging document listing the exact charges he faced. Reversed.
Court: 4th Circuit, Judge: King, Filed On: August 24, 2023, Case #: 22-6901, Categories: Immigration, Habeas, Extradition
J. King finds the lower court improperly awarded summary judgment and, therefore, immunity to the police officer who fatally shot the man suffering from a mental breakdown. There is still a genuine dispute of facts over whether the officer acted reasonably in shooting the Spanish-speaking man who could not understand his English commands and ultimately stood still with both his arms frozen in place and both his hands in the air in a universally recognized position of surrender. Reversed.
Court: 4th Circuit, Judge: King, Filed On: August 16, 2023, Case #: 21-2223, Categories: Negligence, Assault, Police Misconduct
J. King grants the trust's motion to stay the insurance company's lawsuit seeking a declaration that it does not have to provide coverage for fire damage to the trust's vessel following a lightning strike, as the insurance company contends that the trust breached the policy's warranty by not properly maintaining the vessel’s fire extinguishing equipment. A stay is warranted in this case, because the insurance company is involved in a similar lawsuit in front of the Supreme Court in which it is using the same defense, and the U.S. Supreme Court's decision in that case will simplify and narrow the issues in this one.
Court: USDC Western District of Washington, Judge: King, Filed On: August 14, 2023, Case #: 2:21cv1241, NOS: Marine - Contract, Categories: Insurance, Maritime, Contract
J. King grants the interlocal cooperative leave to file a second amended complaint, which arises from its first complaint alleging that the insurance company must defend and indemnify the interlocal cooperative in three underlying sexual abuse lawsuits. Filing a second amended complaint will not cause the insurance company undue prejudice because there is no scheduling order and no one has engaged in discovery yet. The interlocal cooperative must file its second amended complaint within seven days of this order.
Court: USDC Western District of Washington, Judge: King, Filed On: August 8, 2023, Case #: 2:21cv874, NOS: Insurance - Contract, Categories: Insurance, Discovery, Contract
J. King orders the Mexican restaurant company to show cause as to why the employee's claim, which alleges that the Mexican restaurant company did not disclose its wage scale or offered benefits, should not be remanded to the King County Superior Court. The Mexican restaurant company's motive of removal does not plausibly allege the required elements of diversity jurisdiction under the Class Action Fairness Act to justify its removal.
Court: USDC Western District of Washington, Judge: King, Filed On: August 7, 2023, Case #: 2:23cv1084, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Jurisdiction, Class Action
J. King finds the lower court properly labeled the defendant a career offender for sentencing purposes. The defendant, convicted of selling drugs, failed to explain why at least four of his seven previous drug-related charges wouldn't count as controlled substance offenses. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: August 1, 2023, Case #: 20-4433, Categories: Drug Offender, Firearms, Sentencing
J. King finds a lower court properly dismissed a prisoner's civil rights claims against a prison system. The prisoner, who is quadriplegic, argued that he is entitled to eat certain foods of his choice. However, the prison system sufficiently presented evidence in court that allowing him to eat whatever he wants would expose jail house employees to criminal proceedings if he choked on food that was not "his prescribed soft diet." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: King, Filed On: July 25, 2023, Case #: CA-2022-2053, Categories: Civil Rights
J. King finds the lower court properly ordered arbitration. The deal struck between the two corporate entities does not fall under the contracts of employment with transportation workers exception thus making the contract's arbitration clause under the Federal Arbitration Act required. Affirmed.
Court: 4th Circuit, Judge: King , Filed On: July 25, 2023, Case #: 22-1748, Categories: Arbitration, Corporations, Contract
J. King finds the board improperly denied the El Salvadorian's request for withholding of removal and Convention Against Torture protection. The El Salvadorian twice fled the country due to gang threats stemming from a confrontation where a gang member attempted to make his cousin a "gang girlfriend" by threatening rape and violence, leading to the man fighting the gang member and being told to leave the country or he will be killed. The board incorrectly determined that being a young male family member of the female cousin does not count as a particular social group for the purpose of persecution. Reversed.
Court: 4th Circuit, Judge: King , Filed On: July 11, 2023, Case #: 22-1463, Categories: Immigration
J. King finds the lower court properly sentenced the defendant as a career offender. The defendant, convicted of selling drugs, argued that his four previous offenses for distributing drugs were attempted offenses and, therefore cannot count toward career offender status under this circuit's decision in United States v. Campbell. However, drug distribution under South Carolina law is a completed offense rather than an attempted offense. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: July 7, 2023, Case #: 20-4433, Categories: Drug Offender, Firearms, Sentencing
J. King finds the district court properly denied defendant’s habeas petition from his state conviction for aggravated sexual assault of a child under the age of six. After the child complained to his mother of pain from defendant’s “[putting] a stick in his bottom,” his pediatrician reported the abuse. Defendant’s argument that expert testimony as to children’s truthfulness, which he says is impermissible, is unconvincing. All evidence supports conviction and it is unlikely that defendant would have been acquitted absent the challenged testimony. Affirmed.
Court: 5th Circuit, Judge: King, Filed On: July 7, 2023, Case #: 21-20579, Categories: Evidence, Sex Offender, Child Victims
J. King finds the lower court properly awarded judgment to the university on a 79-year-old art professor's age-based discrimination claim. The professor failed to show that age discrimination motivated her termination, rather than her unwillingness to develop a digital art skillset and improve her technology skills to meet the demand for graphic design and animation courses. Affirmed.
Court: 4th Circuit, Judge: King , Filed On: July 5, 2023, Case #: 21-2390, Categories: Employment Discrimination
J. King partially grants the insurance agency's motion to dismiss the asset-based lender's claim that the agency improperly calculated the end-of-term value in the lender's insurance policy. It is unclear if the lender based its contract claim on the theory that Endorsement D's prefatory language defines the valuation method, which is part of a previously failed argument.
Court: USDC Western District of Washington, Judge: King, Filed On: July 3, 2023, Case #: 2:21cv756, NOS: Insurance - Contract, Categories: Insurance, Contract
J. King grants the Deferred Action for Childhood Arrivals (DACA) participant's unopposed motion for preliminary approval of class action settlement, which arises from his claim that the credit union denied his second auto loan application after accepting his first because his DACA documentation was "not acceptable for financing," and that the credit union wrongfully conducted hard credit pulls that lowered his and other non-citizen residents' credit scores. The credit union has agreed to change its lending policies so that non-citizens will not be required to show documentation that they can legally remain in the United States through the loan's maturity date, and they will be evaluated for loan eligibility equally to applicants who are U.S. citizens.
Court: USDC Western District of Washington, Judge: King, Filed On: July 3, 2023, Case #: 3:21cv5148, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Settlements, Class Action