195 results for 'court:"USDC Oregon"'.
J. Immergut grants partial summary judgment to the insured in his complaint that the insurance company wrongfully denied his claim for property damage caused by a landslide, which the insurance company denied by citing the land-and-earth-movement exception in the insured's homeowner policy. The declaration of the insurance company's adjuster is inadmissible hearsay because it presents out-of-court statements as truth, and the owned property exception does not apply because the City of Portland's claims for what the insured needs to do to make his property stable are too ambiguous for exceptions to apply.
Court: USDC Oregon, Judge: Immergut, Filed On: February 12, 2024, Case #: 3:23cv191, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Insurance, Property
J. Kasubhai denies the adhesive manufacturing company's motion for a new trial for the software company's lawsuit alleging that the adhesive manufacturing company copied the protected design of the software company's patent for its serial number encoder, as the patent partially relates to systems for encoded and commissioned wireless radio frequency identification devices. The adhesive manufacturing company claims that a new trial is warranted because the court improperly excluded the opinion of its invalidity expert, but the adhesive manufacturing company does nothing to prove that the court's thorough review of the expert's testimony should not have resulted in his exclusion.
Court: USDC Oregon, Judge: Kasubhai, Filed On: February 9, 2024, Case #: 6:17cv1685, NOS: Patent - Property Rights, Categories: Patent, Experts
J. Nelson dismisses claims for bad faith and wrongful discharge in the Northwest regional sales manager's lawsuit alleging that the energy equipment and solutions company fired him without cause after he complained that the company had a geographically inequitable commissions policy. Nothing in the policy contradicts that the manager was an at-will employee, which means that under Oregon law, the company did not need cause to fire him.
Court: USDC Oregon, Judge: Nelson, Filed On: February 9, 2024, Case #: 3:23cv85, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Nelson dismisses the lecturer's complaint that the university did not approve the lecturer a religious exception to the Covid-19 vaccine mandate, placing her on unpaid leave. The lecturer does not establish that the university or its staff substantially burdened her religious practices or beliefs, and the lecturer does not provide any precedent supporting her argument that a medical exception process would "have a tendency to coerce individuals into acting contrary to their religious beliefs."
Court: USDC Oregon, Judge: Nelson, Filed On: February 8, 2024, Case #: 3:22cv1254, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
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J. Kasubhai denies the adhesive manufacturing company's renewed motion for judgment in the software company's lawsuit alleging that the adhesive manufacturing company copied the protected design of the software company's patent for its serial number encoder, as the patent partially relates to systems for encoded and commissioned wireless radio frequency identification devices. The adhesive manufacturing company claims that Dr. Engels' testimony qualifies for the substantially different evidence exception to the mandate rule, but Dr. Engels' testimony is not materially different because it does not alter the language of the patent.
Court: USDC Oregon, Judge: Kasubhai, Filed On: February 7, 2024, Case #: 6:17cv1685, NOS: Patent - Property Rights, Categories: Patent, Experts
J. McShane declines to dismiss the federal claims in the residential patients' complaint accusing the hospital of revising its rules about handling patient mail and personal property, which prevented the patients from sending or receiving previously allowed packages, including three-dimensional artwork and Native American religious sacraments. The patients plausibly allege that the hospital's employees acted as state officials who implemented a policy that deprived the patients of their rights to free speech and religious freedom.
Court: USDC Oregon, Judge: McShane, Filed On: February 6, 2024, Case #: 6:22cv1982, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, First Amendment
J. Hernandez denies the Argil DX's sole member's motion for summary judgment for the Stored Communication Act and invasion of privacy counterclaims brought by the co-founder of Axeno Consulting, as the sole member accuses the four executives of Axeno of wrongfully using the "Argil DX" trademark. While there is little evidence that the co-founder intended to keep his business emails private from the sole member, which would make the latter accessing them excusable, there is not enough evidence to prove that the sole member had sufficient permission to do so.
Court: USDC Oregon, Judge: Hernandez, Filed On: February 1, 2024, Case #: 3:21cv621, NOS: Trademark - Property Rights, Categories: Evidence, Trademark
J. Immergut grants the government's entry for judgment after remand for its complaint that the account holders did not file reports of Foreign Bank and Financial Accounts for their Canadian bank accounts for 2011, 2012 and 2013 and for their Iranian bank accounts for 2012 and 2013. The account holders propose an alternative exchange rate for this matter because there was a better alternative, but the IRS has full discretion on what method they want to use for accounts and reports.
Court: USDC Oregon, Judge: Immergut, Filed On: February 1, 2024, Case #: 3:20cv1887, NOS: Other - Forfeiture/Penalty, Categories: Debt Collection, Tax
J. Immergut dismisses some of the employees' claims alleging that the university wrongfully rejected their religious exemption to the Covid-19 vaccine requirement. The employees do not clearly establish a First Amendment right under the free exercise clause because three of the cases they cite are inapplicable while the others concern constitutional and statutory provisions other than the free exercise clause. The employees' Title VII claims alleging failure to accommodate and religious discrimination against the university will go forward because the university has not moved for their dismissal.
Court: USDC Oregon, Judge: Immergut, Filed On: January 29, 2024, Case #: 3:23cv1190, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, First Amendment
J. McShane grants the healthcare company summary judgment against the nurse's complaint alleging that it fired her for raising concerns about the nurse staffing shortage during the Covid-19 pandemic. The nurse expressing her concerns to her supervisor about intraorganization conditions is not a disclosure, and the nurse does not present evidence that the healthcare company's legitimate reason to fire her was pre-textual because it is undermined by the timing of the alleged disclosures.
Court: USDC Oregon, Judge: McShane, Filed On: January 25, 2024, Case #: 6:22cv149, NOS: Labor/Management Relations - Labor, Categories: Employment, Covid-19, Labor
J. Nelson grants the environmental management company's motion for a preliminary injunction for its complaint that its former employees misappropriated the company's trade secrets and solicited its employees and customers. The company will likely suffer irreparable harm without a preliminary injunction because the two former employees had access to the company's confidential information and trade secrets, including the company's customer database for multifamily customers, and they could misuse it.
Court: USDC Oregon, Judge: Nelson, Filed On: January 25, 2024, Case #: 3:23cv1004, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract, Injunction
J. Simon denies the county summary judgment against the inmate's claim that the county and others displayed deliberate indifference to his Fourteenth Amendment rights by denying him the high-top shoes he needs for his disability. There is a genuine dispute of material fact on whether the nurse was deliberately indifferent to the inmate's medical needs, because the evidence shows that the inmate's paraplegia required the shoes but he was denied anyway.
Court: USDC Oregon, Judge: Simon, Filed On: January 25, 2024, Case #: 3:20cv338, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Prisoners' Rights
J. Hernandez partially denies Fred Meyer judgment against the employees' class action alleging that Fred Meyer's new payroll system missed their paychecks and made them late or inaccurate. Fred Meyer argues that it cannot be held liable as a matter of law because it did not intend to cause the erroneous paycheck deductions, but it still deliberately issued paychecks knowing that the payroll system was causing these erroneous deductions as Fred Meyer activated the system knowing it was not ready and would cause errors.
Court: USDC Oregon, Judge: Hernandez, Filed On: January 24, 2024, Case #: 3:22cv1800, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Immergut grants the property owner default judgment for his quiet title lawsuit claiming that the investment management corporation did not attempt to collect any loan payments from the property owner to release the trust deed after he filed for bankruptcy, and its representatives denied that there was any record of the loan when the property owner called about paying it off. The property owner sufficiently alleges that his title is superior to that of the investment management corporation, because the investment management corporation does not possess the property and the fact that it holds a line of credit trust deed only means that it has a lien, not a legal or equitable interest, on the property.
Court: USDC Oregon, Judge: Immergut, Filed On: January 18, 2024, Case #: 3:23cv1126, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending
J. Immergut reserves ruling on Nike's motion to compel exhibits consisting of redacted minutes from a meeting among the computer store's board of directors held in August 2018, as well as a 17-page document shared by the computer store's former CEO about another executive. The issue for both exhibits must be resolved through in-camera review, because there is insufficiency regarding the computer store's privilege log entry and there is a lack of evidence of the privileged nature of the cover letter in the 17-page document.
Court: USDC Oregon, Judge: Immergut, Filed On: January 16, 2024, Case #: 3:21cv1556, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Discovery
J. Immergut grants the trust funds $187,800 in damages for their complaint accusing the sand and gravel supplier of not paying full fringe benefit contributions to the trust funds from August to December 2022 and skipping its remittance report in January 2023. The trust funds adequately show that the sand and gravel supplier is liable for their ERISA claim because of its delinquent contributions and the awarded damages equal the amount of unpaid fringe benefits and union dues, interest and liquidated damages.
Court: USDC Oregon, Judge: Immergut, Filed On: January 12, 2024, Case #: 3:23cv1060, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Damages, Labor
J. Aiken grants the delivery driver's corrected motion for conditional certification regarding his class action accusing the Domino's Pizza franchise owner of not reimbursing the delivery drivers for gas and other automobile expenses. The delivery driver achieves conditional certification as a proposed collective for all delivery drivers employed by the franchise owner since Oct. 31, 2019, because the franchise owner's own declaration shows that he had the authority to hire and fire these employees as well as implement policies concerning them.
Court: USDC Oregon, Judge: Aiken, Filed On: January 9, 2024, Case #: 6:22cv1668, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Kasubhai finds in favor of the city against the developer's lawsuit asserting that the city's alternative traffic control plan unreasonably extended the time needed to complete infrastructure construction. The city's conduct did not violate the developer's right to due process, because its decision to revoke its permit for a full road closure in May 2019 was reasonably related to legitimate public safety concerns of emergency service's ability to respond to calls.
Court: USDC Oregon, Judge: Kasubhai, Filed On: January 5, 2024, Case #: 6:21cv809, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Due Process
J. Kasubhai declines to dismiss the recreational boating group's lawsuit seeking to enjoin the Oregon State Marine Board from enforcing Oregon Legislature Senate Bill 1589, which prohibits recreational boaters from certain recreation boating in the Newberg Pool Congested Zone of the Willamette River. The boating group plausibly alleges that the law violates its right to use federally funded facilities to access waterway for specific recreational purposes, because SB 1589 prohibits the recreational boating group from wake surfing and engaging in other recreational boating activities in the Newberg Pool.
Court: USDC Oregon, Judge: Kasubhai, Filed On: January 5, 2024, Case #: 6:23cv333, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Water
J. Simon grants the agricultural chemical company $25,300 in attorney fees and $1,000 in costs following its successful lawsuit asserting that the farm supplies company owes the agricultural chemical company $909,300 for agricultural and turf chemical products provided. The agricultural chemical company requests $27,100 in attorney fees, but while the counsel and paralegals' hourly rates are reasonable, nearly all of the agricultural chemical company's time entries are block-billed and some include purely clerical tasks.
Court: USDC Oregon, Judge: Simon, Filed On: January 4, 2024, Case #: 2:22cv581, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Simon dismisses claims against the jail healthcare company and a registered nurse for allegedly failing to provide a detainee with adequate medical or mental health care, leading to his death by suicide. Decedent's advocate does not sufficiently allege how the healthcare company denied adequate medical services in a way that caused the detainee's death, nor does the advocate show what policies the registered nurse was supposed to implement in this matter.
Court: USDC Oregon, Judge: Simon, Filed On: January 3, 2024, Case #: 3:23cv911, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Wrongful Death
J. Immergut partially grants the software company's motion for a preliminary injunction in its lawsuit asserting that the domain holders sold unauthorized licenses for the software company's hosting automation management software online. An asset freeze is issued against the domain holders for all assets related to infringing domains because they took multiple steps to hide their identities and avoid the software company's scrutiny. However, the software company's motion to freeze all assets is not justifiable as it is indiscriminate and lacks knowledge.
Court: USDC Oregon, Judge: Immergut, Filed On: January 3, 2024, Case #: 3:22cv1963, NOS: Copyrights - Property Rights, Categories: Copyright, Injunction
J. Simon denies the monitoring service's motion for summary judgment against the website's complaint asserting that the monitoring service 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. The monitoring service argues that the website would have suffered the same injury it alleges from enforcement agencies without the service's conduct due to the website's own alleged illegal activity. However, the monitoring service has failed to put forth sufficient evidence of real or threatened law enforcement activity.
Court: USDC Oregon, Judge: Simon, Filed On: January 3, 2024, Case #: 3:22cv252, NOS: Antitrust - Other Suits, Categories: Antitrust, Evidence
J. Aiken denies the government's motion to dismiss the young activists' due process claim asserting that the government knowingly destabilized the Oregon population's climate system by approving of the Jordan Cove Liquified Natural Gas Terminal in Coos Bay, which became the largest source of carbon dioxide emissions in Oregon. The young activists adequately allege infringement of a fundamental right by stating that governmental action substantially damaged the climate system in a way that will cause human deaths and shorten human life spans, and that the Constitution’s protection of right to life includes a life "free from knowing government destruction of their ability to breathe, to drink, or to live."
Court: USDC Oregon, Judge: Aiken, Filed On: December 29, 2023, Case #: 6:15cv1517, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Environment, Due Process
J. Jones dismisses the employee's complaint asserting that he was the victim of sexual harassment in Target's breakroom. The employee does not allege any description of the alleged sexual harassment to qualify as a single event hostile work environment, but if the employee can add facts from the police report and other evidence, he may file an amended complaint.
Court: USDC Oregon, Judge: Jones, Filed On: December 28, 2023, Case #: 3:23cv1301, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Immergut dismisses the hotel and management corporation from the trafficking survivor's complaint accusing them of knowingly benefitting from the sex trafficking committed against her on their premises. The trafficking survivor does not plausibly establish that either the hotel or the management corporation participated in a sex trafficking venture, because she does not allege sufficient facts establishing a tacit agreement between them and her sex trafficker.
Court: USDC Oregon, Judge: Immergut, Filed On: December 20, 2023, Case #: 3:23cv388, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Tort
J. Simon grants the electronics manufacturer's motion for an ex parte temporary restraining order for its lawsuit accusing the business owner of selling models of self-balancing electric skateboards branded as "Floatwheel Adv" and "Floatwheel Adv Pro" that directly infringe on the manufacturer's patents. Without an ex parte temporary restraining order, the electronics manufacturer will suffer immediate and irreparable injury to its market share and consumer goodwill because the business owner will continue to sell the infringing products into the 2023 holiday shopping season.
Court: USDC Oregon, Judge: Simon, Filed On: December 15, 2023, Case #: 3:23cv1742, NOS: Patent - Property Rights, Categories: Patent, Restraining Order