142 results for 'court:"USDC Idaho"'.
J. Dale grants a bank's motion for summary judgment in a dispute over a business loan. The business defaulted on the loan by failing to make payments, filing to cure the liquidity requirement, and failing to replenish the reserve account minimum balance. The business has not appeared through an attorney within 21 days of withdrawal of their counsel and have not raised any evidence to dispute the material facts.
Court: USDC Idaho, Judge: Dale, Filed On: October 5, 2023, Case #: 1:23cv77, NOS: Other Contract - Contract, Categories: Contract
J. Winmill grants in part the government's motion for summary judgment in a property dispute with business owners. The government alleges that the couple has erected tepees, tents, a tent pad, a boat house, railings into the water, a hammock, shower, plumbing and electrical equipment and facilities, a boat ramp, dock, gazebo, and fence on property that is owned by the US government without permission. The couple is proceeding pro se, but their business cannot appear without representation, therefore the company has yet to appear. The government has shown that the couple has constructed encroachments on government land, including a fence which restricts access to that land, which they refuse to remove.
Court: USDC Idaho, Judge: Winmill, Filed On: October 4, 2023, Case #: 2:22cv439, NOS: Torts to Land - Real Property, Categories: Real Estate, Tort
J. Winmill grants in part an employee's motion to exclude expert testimony in an employment dispute. The employee alleges that her employer sexually harassed her then retaliated against her for complaining. The Licensed Clinical Professional Counselor shall not be permitted to reference the employee's sexual history, behaviors or activities. However, the expert may testify regarding the employee's own statements about having no "sexual problems" in her medical records. A second counselor who briefly treated the employee "may not offer a causation opinion that is outside the context of her treatment and diagnosis of" the employee.
Court: USDC Idaho, Judge: Winmill, Filed On: October 4, 2023, Case #: 4:19cv287, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
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
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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
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. Brailsford denies in part a hospital and health insurance plan's motion to dismiss an insured's allegations of violation of ERISA after the plan denied coverage for injuries that occurred in a motorcycle crash. The claim is subject to judicial review.
Court: USDC Idaho, Judge: Brailsford, Filed On: September 6, 2023, Case #: 1:22cv359, NOS: Insurance - Contract, Categories: Insurance
J. Nye grants a company's motion to stay discovery until the court issues a decision on the company's motion to dismiss an environmental group's allegations that the company mismanages manure in its facility, which has contaminated local waterways in violation of the Clean Water Act. "The Court finds a stay will promote economy of time and effort for itself, for counsel, and for the parties."
Court: USDC Idaho, Judge: Nye, Filed On: September 6, 2023, Case #: 1:23cv239, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Nye grants an individual's motion for default judgment regarding allegations of breach of Bitcoin loan agreements. The borrowers have "failed to formally appear, obtain counsel, or demonstrate a meaningful attempt to defend the suit" which has been ongoing since September 2022.
Court: USDC Idaho, Judge: Nye, Filed On: September 5, 2023, Case #: 2:22cv389, NOS: Other Contract - Contract, Categories: 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. Dale denies the Idaho Department of Health and Welfare's motion to preclude the dissemination of the SIS-A User's Manual to class members. The department is essentially seeking a protective order of the user's manual associated with the budget tool it has been planning to implement for calculating budgets for class members. "By precluding participant access to the User’s Manual upon participants receiving a Budget Notice...the participants will not have the full context of the evidence used to reduce their budgets."
Court: USDC Idaho, Judge: Dale, Filed On: August 23, 2023, Case #: 1:12cv22, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Brailsford denies in part the government's motion to dismiss a disabled veteran's challenge of the VA's four orders of behavioral restrictions that were issued against the veteran for "disruptive behavior" against VA staff. The veteran's claims regarding three of the orders of behavioral restrictions are dismissed as moot, as they were superseded by the more restrictive fourth order of behavioral restrictions. The veteran's claim that the remaining order of behavioral restrictions is unenforceable because it violates his constitutional rights and his claim that the VA's "use of the phrase 'disruptive behavior' is unconstitutionally vague, overly broad, and ambiguous" continue.
Court: USDC Idaho, Judge: Brailsford, Filed On: August 22, 2023, Case #: 1:22cv327, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Dale denies a company's counter-claim for summary judgment in a dispute with a buyer that purchased its assets. The buyer seeks indemnity for the company's alleged misrepresentations and breach of warranties regarding its assets, accounts receivables and liabilities under the Asset Purchase Agreement. Delaware law and the Asset Purchase Agreement allow the buyer to seek indemnification for any damages caused by the breach of the Asset Purchase Agreement provisions.
Court: USDC Idaho, Judge: Dale, Filed On: August 14, 2023, Case #: 1:18cv35, NOS: Other Contract - Contract, Categories: Contract
J. Brailsford grants the county's motion for summary judgment regarding an individual's allegations of violation of his Eighth Amendment rights. The individual alleges that he was sexually assaulted while he was an inmate in the county jail, by other inmates who had been reported for a prevous sexual assault. The individual alleges that the county, sheriff's office, and employees with supervisory authority failed to take action after the inmates were reported. The individual has not shown that officers were indifferent to the report, as they allege they investigated and found the report to be unsubstantiated. The individual has not shown that the county defendants acted with "malice or intent."
Court: USDC Idaho, Judge: Brailsford, Filed On: August 11, 2023, Case #: 4:21cv432, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Patricco grants a professor's motion to dismiss an individual's counterclaims in a defamation suit stemming from the murder of four university students. The individual has posted over 100 sensational videos claiming that the professor orchestrated the murders, but the professor alleges that she never met the students and was not involved in any way. The individual brings defamation, malicious prosecution and intentional infliction of emotional distress counterclaims, alleging that the professor seeks to silence her "clairvoyant insight." The individual has offered no corroboration for her claims, "cannot use discovery as a fishing expedition to find facts that might validate her counterclaims," and has not presented a factual account that would allow the court to infer the existence of plausible claims against the professor.
Court: USDC Idaho, Judge: Patricco, Filed On: August 8, 2023, Case #: 3:22cv521, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Nye denies in part a county's motion for summary judgment regarding an individual's allegations of excessive force regarding an incident where she called police to do a welfare check on her estranged husband, who ordered the officer off of his property with a gun. Police returned to serve an arrest warrant on the husband, who was shot and killed during the incident. It is for the jury to determine whether or not the husband was holding a gun in a threatening way when he was shot by officers.
Court: USDC Idaho, Judge: Nye, Filed On: August 7, 2023, Case #: 2:18cv244, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Nye denies a custom-built boat and trailer company's motion to dismiss a customer's allegations that the company did not deliver the jetboat he purchased on time. The customer further alleges that a bank would pay the company a kickback for referring customers to the bank for financing their boat purchases. The company failed to obey the court's order to appoint new counsel, and has not appeared or motioned before the court in nearly seven years, therefore its motion to dismiss is denied.
Court: USDC Idaho, Judge: Nye, Filed On: August 7, 2023, Case #: 1:15cv314, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Racketeering
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. Nye denies in part a title insurance company's motion for summary judgment and grants in part insureds' cross-motion for summary judgment in an insurance policy dispute. The insurance company argues that it has fulfilled all demands when it issued payment to the insureds to reimburse them for legal fees accrued in an underlying matter. The insureds contend the damages paid were insufficient. A material dispute exists regarding
the amount of legal fees owed
Court: USDC Idaho, Judge: Nye, Filed On: July 31, 2023, Case #: 4:19cv112, NOS: Insurance - Contract, Categories: Insurance, Real Estate
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