49 results for 'judge:"Winmill"'.
J. Winmill grants a medical equipment manufacturer's motion to dismiss a hospital's allegations that a machine that detects prostate cancer malfunctioned, giving incorrect results for some patients. The hospital seeks to recoup medical expenses it paid for patients whose results were incorrect. The hospital has not shown the existence of any contract terms beyond the agreement to purchase the machine or shown how the company breached the contract. The hospital has not provided facts to allege whether the machine malfunctioned or was defectively installed. The hospital is granted leave to amend.
Court: USDC Idaho, Judge: Winmill, Filed On: October 4, 2023, Case #: 3:22cv382, NOS: Contract Product Liability - Contract, Categories: Negligence, Product Liability, Contract
J. Winmill denies in part a data analytics company's motion to dismiss consumers' allegations that the company's geolocation data could allow a third party to track them “to and from sensitive locations.” The company aggregates and sells "data collected from billions of mobile devices across the world." The class alleges violations of several state statutes. The consumers have standing and have made plausible claims for unjust enrichment and violation of the California Data Access and Fraud Act. The consumers are granted leave to amend their Washington Consumer Protection Act and California’s Unfair Competition Law claims with factual allegations.
Court: USDC Idaho, Judge: Winmill, Filed On: October 2, 2023, Case #: 2:23cv58, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud
J. Winmill grants in part a credit reporting agency's motion to exclude expert testimony regarding an individual's allegations that the agency failed to report that two of her debts were discharged following her Chapter 7 bankruptcy. The experts lack the "knowledge and expertise surrounding the kinds of debts discharged—and exempted from discharge—in Chapter 7 bankruptcies." Neither expert is qualified to opine on the individual's alleged
emotional distress or about harms due to inaccurate credit reporting. One expert is, however, qualified to testify about "the mechanics of credit reporting, credit scoring, and debt-to-income ratios."
Court: USDC Idaho, Judge: Winmill, Filed On: September 28, 2023, Case #: 1:21cv465, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Consumer Law, Experts
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J. Winmill partially grants the defendant insurance company's motion for summary judgment in this lawsuit concerning insurance coverage for the insured party's rental property, which allegedly suffered water damage. The property owner's bad faith claim fails as a matter of law, because the claims were "fairly debatable." The company is also entitled to judgment on his claim for intentional infliction of emotional distress.
Court: USDC Idaho, Judge: Winmill, Filed On: September 21, 2023, Case #: 1:20cv538, NOS: Insurance - Contract, Categories: Insurance, Emotional Distress, Contract
J. Winmill denies an insurance company's motion to dismiss an insured's claim for declaratory relief after the sudden malfunction of the insured's equipment during a project to rehabilitate an existing sewer line. The insurance company denied the insured's claim under the builder’s risk inland marine insurance policy, claiming that the damage caused by the equipment malfunction was not covered. The insurance company's "covered property argument relies on a factual dispute not properly resolved on a motion to dismiss."
Court: USDC Idaho, Judge: Winmill, Filed On: September 1, 2023, Case #: 1:22cv336, NOS: Insurance - Contract, Categories: Insurance
J. Winmill grants a former employee's motion to dismiss claims brought by her former employer in an employment dispute over how much compensation she was entitled to receive after her termination. The employer's suit is dismissed in order to avoid duplicative litigation, as the employer filed suit two days after receiving the employee's notice of intent to file suit. Although the employer filed suit first, "it did so in anticipation of [the employee's] own impending action in Colorado and for the express purpose of choosing its preferred forum."
Court: USDC Idaho, Judge: Winmill, Filed On: September 1, 2023, Case #: 1:23cv177, NOS: Employment - Civil Rights, Categories: Employment
J. Winmill grants investment defendants' motion to dismiss investors' allegations that they were involved in a Ponzi scheme that returned distributions of e-commerce currency at a value far below their investment amount. The court lacks personal jurisdiction, as the investors have not shown that defendants directed their activities at Idaho.
Court: USDC Idaho, Judge: Winmill, Filed On: August 30, 2023, Case #: 1:23cv134, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud
J. Winmill grants the government's motion for summary judgment regarding an environmental group's allegations that a mineral mining exploration project violates the National Environmental Protection Act. The environmental group has not shown that the Environmental Assessment did not contain a “reasonably thorough discussion of the significant aspects of probable environmental consequences.”
Court: USDC Idaho, Judge: Winmill, Filed On: August 4, 2023, Case #: 1:22cv225, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Winmill grants medical providers' motion for preliminary injunction, as it pertains to the attorney general, in seeking an injunction to enjoin the state from enforcing Idaho’s criminal abortion laws as interpreted in the Crane Letter, which seeks to criminalize providers who "refer a woman who crosses state lines to an abortion provider," and denies the state's motion to dismiss the medical providers' claims. The attorney general is not entitled to Eleventh Amendment immunity. The Crane Letter and its interpretation of Idaho’s criminal abortion statute is sufficient to establish standing. The medical providers have established that there is a genuine threat of prosecution. Attorney General Labrador is enjoined from enforcing Idaho’s criminal abortion statute as interpreted in the Crane Letter.
Court: USDC Idaho, Judge: Winmill, Filed On: July 31, 2023, Case #: 1:23cv142, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Winmill denies the inn defendants' dismissal motion in this lawsuit brought by the U.S. Department of Labor alleging that the inn constructively terminated an individual's employment after the individual spoke with a department investigator. The department asserts a retaliation claim under the Fair Labor Standards Act against the inn defendants, as well as an obstruction claim. Their dismissal motion is denied as to both claims, as the current action is not barred by a previous subpoena action.
Court: USDC Idaho, Judge: Winmill, Filed On: July 21, 2023, Case #: 4:22cv398, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Employment Retaliation, Labor
J. Winmill grants the city's motions for judgment on the pleadings regarding a matter where an individual alleged violation of his constitutional rights after he was questioned at length regarding a murder that he eventually confessed to. The individual moved to suppress his confession as a violation of his Miranda rights. The district court granted that motion, finding that law enforcement violated his Miranda right to counsel and coerced the confession. On appeal, the Supreme Court found that the individual's Miranda rights were violated, but his confession was not coerced. "The Fifth Amendment does not directly create a constitutional right to counsel," therefore the court "must follow precedent" and "reluctantly grant defendants’ motions for judgment on the pleadings."
Court: USDC Idaho, Judge: Winmill, Filed On: July 17, 2023, Case #: 2:22cv376, NOS: Other Civil Rights - Civil Rights, Categories: Constitution
J. Winmill denies in part a county's motion for summary judgment regarding an individual's posts on the sheriff's personal Facebook page about an officer-involved shooting death. After the sheriff blocked some of the individual's posts, the individual filed a complaint alleging violation of his First and Fourteenth Amendment rights. The individual did not respond to the county's motion for summary judgment. The sheriff is entitled to qualified immunity on the individual's claims, however the county failed to show that there is no dispute of material fact regarding municipal liability and "did not address the constitutionality of the alleged misconduct."
Court: USDC Idaho, Judge: Winmill, Filed On: July 3, 2023, Case #: 3:22cv230, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Winmill finds that the Bureau of Land Management failed to adequately look at the impact of a new open-pit phosphate mine project on the sage-grouse. Environmental groups challenged the Bureau of Land Management’s Final Environmental Impact Statement and Record of Decision which approved a new open-pit phosphate mine. The Record of Decision is vacated.
Court: USDC Idaho, Judge: Winmill, Filed On: June 2, 2023, Case #: 4:21cv182, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Winmill grants in part cross-motions for sanctions for spoliation of evidence in a product liability suit after an employee was injured when a forklift failed. The workers compensation insurer alleges that the forklift manufacturer did not return a hydraulic cylinder until after discovery had closed and sold the forklift attachment at issue, and the manufacturer alleges that the insurer failed to preserve daily vehicle inspection reports. The forklift manufacturer did spoliate evidence as the forklift attachment is relevant to the claims at issue and the manufacturer's tests and inspections of the attachment are therefore excluded. The insurer had a duty to retain inspection records because they should have known the records would be relevant to the insurer's defenses. The manufacturer is entitled to a permissive adverse inference that the records would have favored the manufacturer's version of events.
Court: USDC Idaho, Judge: Winmill, Filed On: June 2, 2023, Case #: 1:21cv376, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Sanctions, Product Liability
J. Winmill grants in part a company's motion for attorney fees and entry of amended judgment in a contract dispute. The company's "limited success does bear on the reasonableness of its fee request." After reducing the attorney's billed hours in half and deducting travel time, the company is awarded attorney fees and costs of $151,000.
Court: USDC Idaho, Judge: Winmill, Filed On: June 2, 2023, Case #: 1:18cv294, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract