507 results for 'court:"USDC Western District of Washington"'.
J. Tsuchida partially denies dismissal of the company owner's complaint that the hacker conference organizer imposed a lifetime ban on him by falsely accusing him of admitting to repeatedly sexually harassing people. The owner alleges sufficient facts to state claims of defamation related to a transparency report announcing his ban and to an update to DefCon's website referring to the owner's behavior.
Court: USDC Western District of Washington, Judge: Tsuchida, Filed On: March 28, 2024, Case #: 2:23cv1932, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Interference With Contract, Jurisdiction
J. Coughenour denies the former insurance agency leader's motion to dismiss the fraudulent inducement claim in the insurance brokerage firm's complaint alleging that the former leader manipulated non-party Rice Insurance Agency's financial records to make it appear more profitable than it was, incentivizing the insurance brokerage firm to invest more than it should have. The insurance brokerage firm plausibly suggests that the former leader did not intend to honor his promises, as one pre-sale email has the former leader instruct an employee to delay recording commission checks so he could present an "earn out" of over 10 times until after the sale closed.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: March 27, 2024, Case #: 2:23cv1468, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Martinez denies the school district's motion to dismiss a First Amendment claim in the former student's complaint alleging that the school district's assistant principal and vice principal coerced the former student into signing a "safety plan" that prevented him from speaking about sexual hazing by a journalism teacher. The former student sufficiently alleges that he participated in constitutionally protected speech, but it is up to a jury to ultimately decide if the former student's intended speech was constitutionally protected or if it falls under an exception, "such as representing a risk of substantial disruption to the school environment or others."
Court: USDC Western District of Washington, Judge: Martinez, Filed On: March 26, 2024, Case #: 2:22cv1140, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Education, First Amendment
J. Settle finds in favor of the Clorox Company against the salesperson's complaint alleging that Clorox fired him because of his age, sex and race, as Clorox hired a 35-year-old white female to replace the 63-year-old white male salesperson. Clorox establishes that the salesperson was not qualified for the position as he was too reliant on a superior to help him, and he did not think strategically enough to maintain a leadership position. Also, the salesperson does not provide enough evidence that Clorox intended to fire him because of his age, sex or race.
Court: USDC Western District of Washington, Judge: Settle, Filed On: March 26, 2024, Case #: 3:22cv5730, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
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J. King awards the employee $2,000 for his complaint that the dentist and the dental practice did not pay him $4,500 in bonuses for when he worked at the dental practice. A $1,000 bonus falls under Washington’s Wage Rebate Act because the employee accepted the dentist's offer to pay a $1,000 bonus, creating a "real promise" to pay the $1,000. Furthermore, because the dentist willfully failed to pay the bonus, the employee is entitled to recover an extra $1,000.
Court: USDC Western District of Washington, Judge: King, Filed On: March 25, 2024, Case #: 3:20cv6173, NOS: Employment - Civil Rights, Categories: Employment
J. Whitehead denies the injured car passenger's request for a ruling stating that funds received for personal injury protection subrogation from an at-fault party "prior to full compensation" are owed to the insured. The passenger "impermissibly seeks a general proclamation about the rights and duties of insureds and insurers without identifying the specific claim, 'or part of each claim,' on which he seeks summary judgment." He also fails to show that the insurer acted deceptively in its handling of the claim.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 25, 2024, Case #: 2:22cv1720, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Lasnik finds that the Kona coffee farmers and sellers proved that Kroger's Kivu Kona blend coffee products did not comply with a settlement agreement at certain stores, so they are entitled to the gross profits received from the bulk sales of those products.
Because Kroger cured the other alleged breaches within 90 days of the notices, no claims can be brought or damages awarded regarding those alleged breaches.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 25, 2024, Case #: 2:19cv290, NOS: Trademark - Property Rights, Categories: Trademark, Enforcement Of Judgments, Class Action
[Consolidated.] J. Chun grants the patients' motion to remand a putative class action alleging that the cancer research institute's negligence allowed hackers to access patient contact information. The institute is based in Washington and the data breach primarily involved Washington patients. Furthermore, three causes of action in the lawsuit are based on Washington statutes and none of the causes of action involve another state's law. Therefore, the discretionary home-state exception to the Class Action Fairness Act applies.
Court: USDC Western District of Washington, Judge: Chun, Filed On: March 22, 2024, Case #: 2:23cv1893, NOS: All Other Real Property - Real Property, Categories: Privacy, Jurisdiction, Class Action
J. Lasnik grants partial summary judgment to the zoo against the animal law advocacy organization's claim that housing brown bears with cheatgrass “harasses” the bears, which is part of the organization's complaint that the zoo violated the Endangered Species Act by possessing and improperly caring for endangered species. The organization does not identify any evidence that would have someone reasonably conclude that the presence of cheatgrass would disrupt a brown bear's normal behavior patterns if it's in its enclosure, at least beyond the cheatgrass getting stuck in the bear's fur.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 22, 2024, Case #: 3:18cv6025, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Animal Cruelty
J. Estudillo dismisses a complaint alleging that the biotech company laid off the employee, who was 63 years old at the time, after he suffered a workplace injury and returned from leave with light duty restrictions. The employee does not present any facts showing a causal link between his Washington Department of Labor and Industries workers' compensation claim and his termination, nor does he present enough facts showing that the biotech company wanted to fire him because of his age.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 21, 2024, Case #: 3:23cv5863, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Zilly denies the debt collector's motion to dismiss the Washington Consumer Protection Act and Washington Collection Agency Act claims in the lease holder's complaint alleging that the debt collector and its employee tried to report a $33,500 debt that the lease holder did not owe for allegedly breaking an apartment lease. The Washington Supreme Court held that a CPA can proceed with an out-of-state plaintiff like the leaseholder if the defendant engaged "in unfair or deceptive acts that directly or indirectly affect the people of Washington," which applies in this case because the debt collector does business in Washington and affects people in Washington.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: March 19, 2024, Case #: 2:22cv1791, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Cartwright denies the video game developer's summary judgment against the video game company's unjust enrichment claim in his complaint alleging that the company refused to pay the developer royalties for the game "7 Days to Die." The unjust enrichment claim currently survives summary judgment, though the developer can address the summary judgment standard since the company clarifies the legal theory underlying its second counterclaim. Both parties are to submit a supplemental brief addressing if the video company presented enough evidence for unjust enrichment.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: March 19, 2024, Case #: 3:22cv5718, NOS: Other Contract - Contract, Categories: Contract
J. King partially denies the labor union's motion to stop the general contractor from deposing Local 174 officer Rick Hicks in the contractor's complaint alleging that the labor union caused monetary damages when it initiated a strike in five of the general contractor's work sites. The labor union argues that Hicks should not be deposed because he is a “high-ranking officer” with the Local 174 and “has no unique, personal knowledge of any fact material to this case that is not also available from a less intrusive source," but the general contractor is entitled to question Hicks about his June 17, 2022 letter encouraging some drivers not to cross the picket lines.
Court: USDC Western District of Washington, Judge: King, Filed On: March 18, 2024, Case #: 2:22cv1631, NOS: Labor/Management Relations - Labor, Categories: Discovery, Labor / Unions
J. Estudillo dismisses Highmark Homes' complaint that the insurance companies must cover the former for construction defects. The Condominium, Apartment, Townhouse or Tract Housing Coverage Limitation Endorsement exclusion of the policy applies, because it precludes coverage if an insured constructed 25 or more homes in a development, which Highmark did in the Vintage Hills development.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 18, 2024, Case #: 3:21cv5280, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Robart denies the computer hardware manufacturer's motion for a temporary restraining order in its complaint alleging that the IT services company refused to return $6.4 million-worth of Bitcoin after it failed to provide sufficient power and energy to the manufacturer's Bitcoin miners. The manufacturer does not show a likelihood of irreparable harm without a temporary restraining order because the evidence shows that the IT services company already agreed to return the manufacturer's high-powered computers, specifically on a "staggered monthly schedule extending through July of this year."
Court: USDC Western District of Washington, Judge: Robart, Filed On: March 18, 2024, Case #: 2:24cv319, NOS: Other Contract - Contract, Categories: Restraining Order, Contract
J. Estudillo dismisses all but one claim in the consumers' class action accusing Zoom Technologies of selling their personal information without consent. The consumers lack standing to pursue their Wiretap Act and Stored Communications Act claims. Their California Invasion of Privacy Act claim survives because the consumers adequately allege that the interception of their data took place in real time. However, because this is the only remaining claim, the consumers must show cause as to whether this claim meets the Class Action Fairness Act's requirements for this court to maintain jurisdiction.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 15, 2024, Case #: 3:22cv5453, NOS: Other Fraud - Torts - Personal Property, Categories: Communications, Privacy, Class Action
J. Lasnik orders Washington Secretary of State Steve Hobbs to conduct future elections according to a new remedial map, following a dispute over district boundaries that allegedly diluted the Latino community's voting power. The new map "provides Latino voters with an equal opportunity to elect candidates of their choice to the state legislature" and "keeps the vast majority of the lands that are of interest to the Yakama Nation together."
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 15, 2024, Case #: 3:22cv5035, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
J. Martinez mostly declines to dismiss the consumers' complaint alleging that Amazon overcharged them by claiming that it sold them digital content when Amazon was actually only licensing the digital content. The consumers have sufficiently alleged that they were injured by overpaying for a purchase they would not have paid for if they knew they were only purchasing a limited license. Furthermore, Amazon's use of the word "buy" regarding the digital content could be materially misleading to a reasonable consumer.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: March 15, 2024, Case #: 2:22cv401, NOS: All Other Real Property - Real Property, Categories: Fraud, Consumer Law, Contract
J. Chun dismisses with prejudice the consumers' second amended complaint accusing Amazon of putting products by sellers who purchased Amazon fulfillment services higher in searches and featuring them in its "Buy Box" more often than sellers that did not purchase the fulfillment services. The consumers allege that Amazon injured them with anti-competitive behavior because the consumers paid higher prices for products through Amazon's marketplace, but the consumers do not allege that they paid more for their Amazon Prime membership or that they paid more for shipping, so they do not allege that they suffered anti-trust injury in the shipping market.
Court: USDC Western District of Washington, Judge: Chun, Filed On: March 13, 2024, Case #: 2:21cv996, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Zilly awards the consumer $3,900 in damages for his purchase of the ASC service contract and $182 for the Gateway Auto Repair emissions repairs for the consumer's lawsuit accusing the car dealer of selling vehicles with illegally altered emission controls. The consumer proves that he suffered both an “injury” and actual damages under the Consumer Protection Act because the car dealer did not disclose that the vehicle had a tampered turbocharger, tampered airbox and lacked VECI sticker constitute.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: March 13, 2024, Case #: 2:20cv1616, NOS: Other Contract - Contract, Categories: Damages, Consumer Law, Contract
J. Estudillo denies the prison healthcare service's motion to exclude the inmate's expert, Dr. Isabel Hujoel, from testifying in his lawsuit alleging that the county and Nashville healthcare company did not accommodate his celiac disease while he was in custody. Dr. Hujoel is well qualified because she is a gastroenterologist who specializes in celiac disease, and her report focuses on how the inmate suffered “acute injury and distress” due to the lack of a gluten-free diet; she does not testify as to monetary or economic damages.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 11, 2024, Case #: 3:20cv6106, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Experts, Discovery
J. Lin dismisses a contract claim in the water product company's complaint alleging that the oil field equipment supplier did not pay what it owed under a distributor agreement and sold counterfeit versions of the water product company's project after the latter ended the agreement. The water product company terminated the agreement instead of affirming and enforcing it through a damages or relief lawsuit, and because the agreement ended, the oil field equipment supplier did not have a duty of non-competition.
Court: USDC Western District of Washington, Judge: Lin, Filed On: March 11, 2024, Case #: 2:23cv1317, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Property, Contract
J. Friske dismisses the apparel manufacturing and wholesale distribution business's complaint that Nordstrom canceled purchase orders with the business because Nordstrom believed that it violated the forced labor provisions of their agreement in regards to a factory in Southeast Asia. A plain reading of the contract shows that Nordstrom had the power to refuse delivery if it had a reason to believe that the business utilized any involuntary labor, engaged with a sanctioned person or territory, or produced and processed merchandise that violated the contract standards.
Court: USDC Western District of Washington, Judge: Friske, Filed On: March 11, 2024, Case #: 2:23cv1754, NOS: Other Contract - Contract, Categories: Sanctions, Contract, Labor
J. Settle blocks the state of Washington from enforcing most sections of a law aimed at regulating private for-profit immigration detention facilities. HB 1470, which required a slew of rules and regulations for private detention facilities, violates the supremacy clause because it imposed a burden on the Northwest Detention Center that did not apply to any other facility in the state. Only Section 4 of the law, which does not apply to any contract signed before Jan. 1, 2023, remains in place while the rest is blocked by a preliminary injunction.
Court: USDC Western District of Washington, Judge: Settle, Filed On: March 8, 2024, Case #: 3:23cv5626, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Jurisdiction, Injunction
J. Rothstein finds in favor of the social worker against the family's complaint alleging that the state removed the children from the parents' custody by wrongfully representing the parents as violent. The family does not provide any evidence that the social worker was a supervisor or that she personally took any action that deprived them of their rights, so they do not prove that any of her actions led to the neglect or abuse of the children in foster care.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 7, 2024, Case #: 2:21cv1263, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Family Law