212 results for 'court:"USDC Nevada"'.
J. Hicks grants the Securities and Exchange Commission's motion for partial summary judgment in its case against a bestselling author and wealth coach that sold oil and gas securities as an unregistered broker. No question of material fact exists that she acted as an investment adviser who failed to disclose conflicts of interest such as her entitlement to compensation for the sales. Claimed exclusions do not exempt the coach and her associates from their fiduciary duties.
Court: USDC Nevada, Judge: Hicks, Filed On: February 16, 2024, Case #: 3:22cv269, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Fiduciary Duty
J. Du grants the school district's motion to dismiss a guardian and minor's constitutional and state law negligence claims regarding alleged hazing, harassment, sexual assault and discrimination by players on a high school baseball team. The parties have not adequately alleged a policy that amounts to deliberate indifference to the minor’s constitutional rights and was the moving force behind any purported violations.
Court: USDC Nevada, Judge: Du , Filed On: February 15, 2024, Case #: 3:23cv229, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Education
J. Hicks grants the school district's motion to dismiss this bullying and discrimination complaint. Though the minor received accommodations at his elementary school, he was choked by a minor aggressor, who also chased him with a pencil, threatening to stab him. A Nevada court issued a protection order, which the guardian says the school failed to enforce. The guardian does not have standing to sue in her individual capacity. She also fails to state claims on her assertions of liability, negligence and discrimination, providing no detail regarding the alleged harassment.
Court: USDC Nevada, Judge: Hicks , Filed On: February 14, 2024, Case #: 3:23cv107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Restraining Order
J. Mahan grants the gaming device supplier's motion for judgment on the pleadings on putative class securities claims filed by a pension plan arising from the supplier's alleged fraudulent inflation of its share prices via misrepresentations and omissions. Certain claims by certain plaintiffs were dismissed for lack of standing, and the class has failed to timely prosecute by filing an amended complaint. No reason has been given for this failure and no attempt to cure the questions of standing have been made.
Court: USDC Nevada, Judge: Mahan , Filed On: February 12, 2024, Case #: 2:20cv1209, NOS: Stockholders’ Suits - Contract, Categories: Fraud, Securities, Class Action
J. Denney grants the brother’s motion to compel his sister to produce messages involving their dispute over the trust. Though the sister’s counsel argued that the messages shared with her son are not relevant, being the alleged breach of the agreement had already occurred, the messages may be relevant to the trust’s claims and defenses, particularly regarding possible additional breaches. The request for the imposition of spoliation sanctions is deferred.
Court: USDC Nevada, Judge: Denney, Filed On: February 7, 2024, Case #: 3:22cv375, NOS: Other Contract - Contract, Categories: Family Law, Trusts, Contract
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J. Mahan grants the insurer's partial motion for summary judgment on a company owner's commercial vehicle collision coverage-related claims. The policy holder is the business, not the owner, and the owner lacks standing.
Court: USDC Nevada, Judge: Mahan , Filed On: February 1, 2024, Case #: 2:22cv879, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Contract
J. Silva grants Pennymac's motion to dismiss this suit attempting to prevent foreclosure on the borrower's property loan. The borrower's complaint, alleging debt collection and consumer credit violations, does not enumerate the causes of action. The debt collection claim regarding this non-judicial foreclosure by a loan servicer does not constitute debt collection.
Court: USDC Nevada, Judge: Silva , Filed On: February 1, 2024, Case #: 2:23cv1020, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, Foreclosure
J. Denney grants the trust beneficiary's motion for leave to amend her second amended answer and counterclaim. The beneficiary did not receive her inheritance of $650,000 from the trust, as she was accused of breaching a non-disparagement clause. After various discovery orders and the court's granting of leaves to amend for each party, the beneficiary has been found to have sufficiently alleged the trustee acted unfaithfully when he allegedly sent disparaging text messages about the beneficiary.
Court: USDC Nevada, Judge: Denney , Filed On: January 31, 2024, Case #: 3:22cv375, NOS: Other Contract - Contract, Categories: Trusts, Wills / Probate, Contract
J. Du denies the former wife's motion for summary judgment on MetLife's interpleader action, which it filed to resolve conflicting claims to the decedent's life insurance benefits asserted by his former wife and his wife at the time of his death. The decedent maintained a basic employee life policy at the time of the divorce, benefits to which the former wife has a right. But the former wife presents no evidence the decedent was enrolled in a supplemental life policy. The former wife has not established the basic and supplemental plans are part of a single policy.
Court: USDC Nevada, Judge: Du , Filed On: January 30, 2024, Case #: 2:22cv894, NOS: Insurance - Contract, Categories: Family Law, Insurance, Wills / Probate
J. Dorsey denies the Air Force realty specialist's motion for summary judgment on his employment discrimination claims. Subject to a 2-year probationary period during which he consistently received sub-par performance evaluations as well as reprimands for unprofessional conduct, the specialist was placed on probation. He then filed an informal racial discrimination complaint and was later fired. The Air Force has shown legitimate, nonretaliatory reasons for the termination. Nothing in the record shows that the Air Force used a personnel duties document for evaluating other realty specialists in the same program, or otherwise deviated from standard practice.
Court: USDC Nevada, Judge: Dorsey, Filed On: January 30, 2024, Case #: 2:20cv2281, NOS: Civil Rights - Habeas Corpus, Categories: Evidence, Employment Discrimination, Military
J. Silva denies the casino's motion for summary judgment on an employment discrimination claim filed by the intellectually disabled job applicant after the casino did not hire her. Though the casino had made a conditional offer pursuant to the applicant's completing job training through her advocacy group, the offer was retracted after the applicant exhibited limited communication skills. Though it is undisputed she had difficulty, because her job coach had previously told the casino the applicant could not perform in a particular position, certain facts remain in dispute.
Court: USDC Nevada, Judge: Silva , Filed On: January 29, 2024, Case #: 2:20cv1516, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Health Care, Jury, Employment Discrimination
J. Du finds in favor of the bank in one of hundreds of cases to quiet title following a foreclosure sale conducted by a homeowners’ association. The property purchaser, an investment company, filed for declaratory judgment after the bank and title trustee indicated an intention to foreclose on a deed of trust encumbering the property. Because the association's agent had a "policy of rejecting... payment for less than the full lien amount," and the bank had knowledge of this, the excused tender doctrine applies. The investment company's arguments involving limitations and laches is unpersuasive.
Court: USDC Nevada, Judge: Du , Filed On: January 23, 2024, Case #: 3:20cv604, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, Foreclosure
J. Navarro grants Fannie Mae's motion to dismiss and expunge the pending suit. The investment company alleges Fannie Mae illegally made a credit bid over the allowable amount at the property foreclosure auction. The court dismissed the investment company's wrongful foreclosure and quiet title claims and, therefore, is not likely to succeed on the merits. The remaining claim involving alleged deed of trust violations is a claim for money damages and does not affect the title or possession of real property.
Court: USDC Nevada, Judge: Navarro , Filed On: January 22, 2024, Case #: 2:22cv1942, NOS: All Other Real Property - Real Property, Categories: Property, Securities, Foreclosure
J. Du denies Reno's motion to dismiss the adult cabaret performers' denial of due process claims. The performers, who are all between the ages of 18 and 21, challenged the city's new minimum age requirements for cabaret performers. Regardless of whether state law preempts the provision, the condition exists in which the city has issued business licenses to adults under 21, but then effectively prohibited them from continuing to perform. Therefore, the performers have suffered a plausible injury in fact.
Court: USDC Nevada, Judge: Du , Filed On: January 22, 2024, Case #: 3:19cv693, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Due Process
J. Dawson grants Fidelity's motion to dismiss this title insurance policy dispute after a lender submitted a title insurance claim, which was denied. Fidelity title group asserts no control over Fidelity title insurance, and the lender has not established jurisdiction over the title group.
Court: USDC Nevada, Judge: Dawson , Filed On: January 19, 2024, Case #: 2:20cv1955, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Hicks grants the school district's motion to dismiss this negligence and civil rights suit. The mother of the high school volleyball player alleges the coach of the team harassed her daughter for leaving another municipal team he also coached. Allegations led to the coach's dismissal from the high school team pending investigation, which led to other students harassing the player. The mother fails to establish any element of standing regarding the alleged breach of duty of care. The complaint does not contain sufficient factual allegations to show any faculty conduct was extreme or outrageous.
Court: USDC Nevada, Judge: Hicks , Filed On: January 18, 2024, Case #: 3:22cv520, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Negligence
J. Navarro grants Ancestry.com's motion to dismiss for lack of jurisdiction a suit filed by Nevada citizens who claim it used their names, images and identities without consent. The citizens’ allegations allow inference the company markets widely, sending email promotions and advertising subscription services without regard to location. The citizens’ injury, that their personal information is impermissibly being used to sell subscriptions, would “follow [them] wherever [they] might... live or travel,” and is not enough to demonstrate the company's actions were aimed at Nevada.
Court: USDC Nevada, Judge: Navarro , Filed On: January 17, 2024, Case #: 2:20cv2292, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Copyright, Tort, Technology
J. Gordon denies the signature canvassers' motion to dismiss the fraud claims. The public education advocacy group says it was defrauded out of more than $2.2 million in a failed signature gathering effort supporting a ballot initiative. The assignee of the advocacy group says the canvassers did not obtain valid signatures at the claimed rate. The canvassers' contacts with the forum were not random, fortuitous, attenuated, or based solely on the advocacy group's location. The claims are assignable, arising out of the canvassers' forum-related activities, and exercise of jurisdiction is reasonable.
Court: USDC Nevada, Judge: Gordon , Filed On: January 17, 2024, Case #: 2:23cv69, NOS: Other Contract - Contract, Categories: Fraud, Jurisdiction, Contract
J. Dorsey denies the criminal defense attorney's motion for class certification on her claims the corrections company recorded privileged calls between herself and incarcerated clients, violating federal and state wiretap acts. Common questions do not predominate over individualized consent and damages inquiries as to the proposed class of more than 2,000 attorneys.
Court: USDC Nevada, Judge: Dorsey , Filed On: January 16, 2024, Case #: 2:18cv1280, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Communications, Class Action
J. Silva grants the condominium's motion to dismiss this landlord-tenant action. The tenant, who alleges issues with housing conditions, improperly evokes the Fair Housing Act and fails to demonstrate federal jurisdiction.
Court: USDC Nevada, Judge: Silva , Filed On: January 5, 2024, Case #: 2:23cv1690, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Landlord Tenant, Jurisdiction
J. Dorsey grants summary judgement to the purchaser of an automobile that the seller later repossessed. The purchaser says the car was repossessed before any default on the financing agreement and filed suit for breach of contract, deceptive trade practices and other claims. The seller failed to appear for more than two years, and the clerk entered default against it. The seller was properly served and has not shown good cause to set aside the judgment.
Court: USDC Nevada, Judge: Dorsey , Filed On: January 3, 2024, Case #: 2:21cv20, NOS: Consumer Credit - Other Suits, Categories: Trade, Consumer Law, Contract
[Amended.] J. Silva grants the Las Vegas Sands' motion to dismiss this putative securities class action. Though the trust sufficiently alleges the Sands made a material misrepresentation when certifying the company’s financial conditions had been disclosed, the loss causation allegations are deficient. The trust fails to allege the stock drops are plausibly the result of the disclosed fraud.
Court: USDC Nevada, Judge: Silva, Filed On: January 2, 2024, Case #: 2:20cv1958, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Mahan finds in favor of the civilian driver in a car collision case based, in part, on the government's concession of $4,300 in damages for the accident, in which she was rear-ended by an Army sergeant. However, the driver fails to show she is entitled to $5 million in damages for spinal cord and brain injuries, as she provided no medical testimony showing a connection between the accident and her neurological injury.
Court: USDC Nevada, Judge: Per curiam, Filed On: December 28, 2023, Case #: 2:19cv248, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, Vehicle, Damages
J. Silva grants the receiver's motion for contempt in a case in which the receiver was appointed shortly after the SEC initiated this action involving allegations of securities violations against the law firm. The attorney representing the ex-wife of the law firm's namesake has disputed meeting with the receiver and has avoided contact. It was found that he had initiated the sale of a vehicle in order to cover expenses and failed to disclose this to the SEC and receiver. Furthermore, the attorney has not offered evidence or arguments to support substantial compliance.
Court: USDC Nevada, Judge: Silva , Filed On: December 28, 2023, Case #: 2:22cv612, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Contempt, Property, Securities
J. Du denies the insured's motions to amend claims for breach of contract, bad faith and unfair claims practices in this insurance coverage dispute. Claims for breach of contractual fair duty to indemnify lacked fair notice to the insurer, and the insured cannot show reputational or indemnity damages were tried by the parties’ express or implied consent. The insurer mostly prevails in this complex ruling as to damages for breach of the contractual duty to defend.
Court: USDC Nevada, Judge: Du , Filed On: December 18, 2023, Case #: 2:17cv2393, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Mahan denies the school district's motion to dismiss the claims of intentional infliction of emotional distress filed by the parent of an autistic 5-year-old. A teacher's assistant allegedly witnessed a teacher abusing the special education student on many occasions, and the teacher allegedly locked the child in a darkened bathroom for singing a nursery rhyme, regularly left students unattended, used corporal punishment and pain-compliance techniques, and modified her classroom door so that it could not be opened by the students.
Court: USDC Nevada, Judge: Mahan , Filed On: December 18, 2023, Case #: 2:23cv564, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Education, Emotional Distress
J. Gordon grants the tool company's motion for summary judgment on a customer's negligence claim, precipitated by a customer's nail-gun injury. The tool company did not design, manufacture, distribute or sell the nail gun, nor did it have part in the formulation of any warnings on the packaging. In a separate order, the court certifies a question to the Nevada Supreme Court regarding whether a trademark licensor is subject to strict products liability.
Court: USDC Nevada, Judge: Gordon , Filed On: December 18, 2023, Case #: 2:22cv938, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Trademark, Product Liability
J. Du denies the petroleum refinery cleaning company's motion for summary judgment on its claims a former employee breached non-disclosure and noncompete agreements by disclosing a proprietary chemical formula and cleaning process. The 5-year duration at issue here places too great a hardship on the employee, invalidating the non-competition clause. The unreasonable provision renders the agreement unenforceable.
Court: USDC Nevada, Judge: Du , Filed On: December 18, 2023, Case #: 3:21cv48, NOS: Other Contract - Contract, Categories: Unfair Competition, Contract