75 results for 'judge:"Martinez"'.
J. Martinez grants the user's motion to compel discovery regarding all users' personal information and purchase history related to his class action alleging that the game developer used misleading sale offers and endlessly resetting countdown timers to advertise in-game items such as virtual chips or virtual gold. The user successfully argues that this information is relevant to discovery purposes because the lawsuit is centered around in-app purchases made due to false advertising, and a review of information from potentially harmed users who made purchases after February 2021 is necessary to calculate damages.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: August 2, 2023, Case #: 2:22cv1806, NOS: Other Fraud - Torts - Personal Property, Categories: Damages, Discovery, False Advertising
J. Martinez-Olguin denies the solar cell supplier's motion to dismiss the purchaser's suit against it alleging that it has used the purchaser's trade secrets and solicited other manufacturers to produce solar modules with its solar cells after the shutdown of the purchaser's module-manufacturing business, and partially grants the purchaser's motion for a preliminary injunction. The suppliers are enjoined from using, disclosing or reproducing the purchaser's trade secrets, but a motion to enjoin allegedly defamatory speech regarding the condition of the purchaser's business.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: August 2, 2023, Case #: 3:23cv1181, NOS: Other Contract - Contract, Categories: Trade Secrets, Defamation, Injunction
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J. Martinez grants a company's motion to modify judgment in a takings case where it claims the city unconstitutionally requires a precondition of annexation before providing water and sewer services to land the company is attempting to develop in the city's extraterritorial jurisdiction. Although the trial court's dismissal is upheld, it should be without prejudice, as the claim and requests are not ripe. Affirmed.
Court: Texas Courts of Appeals, Judge: Martinez, Filed On: July 12, 2023, Case #: 04-22-00130-CV , Categories: Property, Zoning
J. Martinez denies the employer's motion for summary judgment on the employee's action for unpaid overtime alleging violations of the Fair Labor Standards Act, Colorado Wage Act and Colorado Minimum Wage Order No. 34. A question of fact exists as to whether the employee's work requires him to engage in interstate commerce such that it triggers individual coverage under the federal Act. The employee alleges that he handled credit card transactions and was required to get supplies for the employer's restaurants from third-party food delivery services, including a national wholesaler.
Court: USDC Colorado, Judge: Martinez, Filed On: June 30, 2023, Case #: 1:21cv3087, NOS: Fair Labor Standards Act - Labor, Categories: Labor
J. Martinez denies the security software company's motion to strike portions of the Swedish corporation's expert's rebuttal declaration, which is related to the Swedish corporation's claim that the software company infringed on its patents. The expert gave his opinions in response to the declaration of the software company's expert witness and the software company chose not to address the Swedish corporation's opinions at the hearing.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: June 21, 2023, Case #: 2:22cv353, NOS: Patent - Property Rights, Categories: Patent, Experts, Discovery
J. Martinez rule on several motions in limine in the mother's lawsuit alleging that the county wrongfully removed her infant and placed the infant into foster care after both tested positive for methadone. The mother's request to exclude unabridged DSHS court reports, caretaker reports and social worker reports from trial is denied, as these documents are relevant and highly probative. However, the county may not refer to any of the mother's objections to discovery requests or discuss any discovery disputes, as these are almost always excluded at trial and the county has not presented an adequate basis for presenting them to the jury.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: June 2, 2023, Case #: 2:20cv1665, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Jury, Discovery
J. Martinez grants discovery requests in a lawsuit alleging wrongful death and other claims brought against private-prison company CoreCivic by representatives of a former inmate. CoreCivic must produce not only a “mortality review” conducted after the inmate’s death but also employment applications of two employees involved in the death, which representatives of the deceased inmate argue may show their “truthfulness,” because CoreCivic has not shown why any of this information should be exempt from discovery despite raising a range of privilege defenses.
Court: USDC New Mexico, Judge: Martinez, Filed On: June 1, 2023, Case #: 1:22cv256, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, Discovery, Prisoners' Rights
J. Martinez upholds the trial court's take-nothing judgment for a company and its driver in a car collision case. The trial court properly limited the testimony of one of the individual's doctors after finding his causation opinion unreliable, and the jury unanimously held the driver was not responsible for the individual's alleged neck and shoulder injuries. Affirmed.
Court: Texas Courts of Appeals, Judge: Martinez, Filed On: May 31, 2023, Case #: 04-21-00420-CV, Categories: Negligence, Experts