195 results for 'court:"USDC Oregon"'.
J. Armistead completely excludes the opinion of the widow's expert, epidemiologist Michael Freeman, from her complaint that the prison healthcare service company and its employees did not give her spouse adequate medical care while he was in custody, resulting in his death three days after he was detained. Freeman asserts that he can rule out alternative causes for the husband's death, but he does not attempt to identify these specific alternative causes, nor does the widow show that Freeman's methods for reaching his conclusions are peer-reviewed or "based on sound science."
Court: USDC Oregon, Judge: Armistead, Filed On: December 15, 2023, Case #: 3:19cv969, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts, Discovery
J. Aiken denies the Republican state senators' motion for a preliminary injunction in their complaint alleging that their absences from a planned walkout were improperly marked as unexcused so that they would be unable to run for reelection due to Measure 113, which blocks lawmakers with 10 or more unexcused absence from running for election. The senators do not prove that using a legislative walkout is a constitutionally protected activity under the First Amendment, and they do not prove that an injunction is in the public interest because Measure 113 is a voter-approved measure intended to curb legislative walkouts.
Court: USDC Oregon, Judge: Aiken, Filed On: December 13, 2023, Case #: 6:23cv1624, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Elections, Injunction
J. Immergut grants the finance company's motion to enforce the settlement agreement arising from the apartment building seeking declaratory judgment that it is not in default under the loan documents after it submitted a request for loan forbearance related to the Covid-19 pandemic and then gave the apartment building a reinstatement offer with more fees attached. The eight essential terms of the settlement are enforceable as of Aug. 18, 2023, because the contingent language makes the parties' original intent to be bound to the agreement clear, and the apartment building does not present any applicable cases that would support its argument that it is not bound to the agreement.
Court: USDC Oregon, Judge: Immergut, Filed On: December 11, 2023, Case #: 3:21cv569, NOS: Other Contract - Contract, Categories: Settlements, Covid-19, Contract
J. Nelson denies partial summary judgment to the farm worker for his complaint accusing the farm of not employing him for two seasons despite his valid contract. There is a genuine issue of material fact as to whether the farm had a legitimate reason to not employ the farm worker, as it contends that he abandoned a job with the farm in 2008 and was thus ineligible for rehire in 2019.
Court: USDC Oregon, Judge: Nelson, Filed On: December 7, 2023, Case #: 3:22cv678, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
J. McShane dismisses the family's federal claims accusing the city's officers of allowing decedent to asphyxiate in their custody, whereupon he permanently lost consciousness and died several months later. There is no evidence that one specific officer saw the seatbelt wrap around decedent's throat and did not intervene, and there is no evidence of inexcusable negligence among the other officers.
Court: USDC Oregon, Judge: McShane, Filed On: December 7, 2023, Case #: 6:21cv142, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
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J. Aiken grants the consumer default judgment on all but the unjust enrichment claim of his lawsuit accusing the research and product development company of selling a supercritical fluid extractor after the delivery date and in an unusable state. Because the consumer establishes that he met his obligations under the agreement and that the company violated its warranty by delivering a defective item late, the consumer and Caldera Group are entitled to $6.9 million in damages.
Court: USDC Oregon, Judge: Aiken, Filed On: December 6, 2023, Case #: 1:22cv1076, NOS: Other Contract - Contract, Categories: Damages, Warranty, Contract
J. Armistead dismisses the housing development company's complaint accusing the city of forcing the company to improve public lands for state and federal use without compensation. Although the company's claims do not meet the criteria to proceed as they are, it can cure these deficiencies by identifying the specific improvement it was required to make that did not conform to the Nollan/Dolan standard. The company must provide a factual basis as to why those specific improvement were not "roughly proportional to the development’s impacts."
Court: USDC Oregon, Judge: Armistead, Filed On: December 4, 2023, Case #: 3:22cv1289, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Property
J. Simon denies the city's motion to dismiss the social justice organization's complaint accusing the City of Portland, Prosper Portland and Legacy Emanuel Hospital and Health Center of wrongfully displacing Black communities in Central Albina from their homes from the 1950s to the 1970s. The city argues that dismissal is justified because the social justice organization lacks standing, but the social justice organization formed to learn about the history of Central Albina and the city's actions allegedly frustrate that mission. Furthermore, its members are made up of survivors or descendants of those who were displaced for an ultimately incomplete project.
Court: USDC Oregon, Judge: Simon, Filed On: December 1, 2023, Case #: 3:22cv1896, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Aiken dismisses the employee's complaint that the school district violated his 14th Amendment rights by putting him on unpaid leave when he refused to comply with Oregon Health Authority's Covid-19 vaccine and mask requirements for all school employees. There is already precedent for courts that upheld Covid-19 vaccination requirements in public education. The employee's decision to not take the vaccine does not qualify as "forced experimentation" as his complaint suggests, and there are no stated facts that could make any amendment valid or sufficient.
Court: USDC Oregon, Judge: Aiken, Filed On: November 30, 2023, Case #: 6:23cv169, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Covid-19
J. Immergut denies the city's motion to dismiss two of the employee's claims in her complaint that the city refused to promote her to a police lieutenant because she filed a harassment complaint based on her race and sexual orientation. The city argues that the employee did not timely serve the city with tort claim notices for claims one and two, but she gave her notice for her first tort claim 180 days after she was denied a promotion and she gave her notice for her second tort claim notice 180 days after her interview with Internal Affairs, both of which were within their respective deadlines.
Court: USDC Oregon, Judge: Immergut, Filed On: November 22, 2023, Case #: 3:21cv1839, NOS: Employment - Civil Rights, Categories: Employment, Tort, Employment Discrimination
J. Nelson grants the railroad company's motion to compel arbitration regarding the employee's complaint alleging that he was fired because he is Black and opposed the company's discriminatory policies. The employee claims that the arbitration clause is unenforceable due to it undermining Utah and Oregon laws against employment discrimination, but the employee does not and cannot identify case law that denies arbitration solely based on federal and state public policies because arbitration is meant to be a forum to resolve employment discrimination claims.
Court: USDC Oregon, Judge: Nelson, Filed On: November 21, 2023, Case #: 3:23cv118, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, Employment Discrimination
J. Simon denies the majority shareholders' motion to dismiss the minority shareholder's complaint that the majority shareholders breached their fiduciary duties to him as a minority shareholder of PPV Inc. The majority shareholders claim that the minority shareholder could have brought up his fiduciary duty claim during a prior bankruptcy proceeding, but the bankruptcy court already concluded that it did not have jurisdiction over that claim, and the majority shareholders do not have an argument for why the bankruptcy court would have jurisdiction.
Court: USDC Oregon, Judge: Simon, Filed On: November 21, 2023, Case #: 3:23cv526, NOS: Stockholders’ Suits - Contract, Categories: Bankruptcy, Fiduciary Duty, Jurisdiction
J. Aiken denies the mortgage lender's motion to dismiss the negative credit reporting claim in the homeowner's class action alleging that the lender accepted the homeowner's loan payments but reported them as late on his credit report. The homeowner sufficiently alleges that he suffered harm when the lender reported disputed past due amounts, because this allegedly false reporting denied the homeowner access to higher credit.
Court: USDC Oregon, Judge: Aiken, Filed On: November 17, 2023, Case #: 6:22cv1922, NOS: Commerce - Other Suits, Categories: Commerce, Class Action
J. Immergut grants the recreational vehicle manufacturing company $14,800 in attorney fees and $8,100 in costs for the family's lawsuit alleging that the company sold them a defective RV. The RV manufacturing company's requested rates for their attorneys and paralegals are reasonable, because the rates the RV manufacturing company seeks are below the average rates for attorneys with the same experience in the same region, while the requested paralegal rates do not exceed that of a first-year associate.
Court: USDC Oregon, Judge: Immergut, Filed On: November 16, 2023, Case #: 3:21cv1123, NOS: Other Contract - Contract, Categories: Warranty, Attorney Fees, Contract
J. Nelson denies the mother a preliminary injunction regarding her lawsuit alleging that Director Fariborz Pakseresht and others violated her First Amendment rights through the Department of Human Services' requirement that prospective adoptive parents use a child's preferred pronouns and accept their sexuality, which she says violates her religious beliefs. The mother claims that the government offers exemptions to this requirement, but she does not provide any examples that it does so for secular applicants that could not or would not support a child's beliefs, nor do these examples "imply that the government grants exemptions for secular reasons."
Court: USDC Oregon, Judge: Nelson, Filed On: November 14, 2023, Case #: 2:23cv474, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Simon grants partial summary judgment to the university against the pharmacy school coordinator's first set of claims under federal and state law for discrimination, retaliation and wrongful termination under her complaint alleging that the university fired her because she took medical leave. The coordinator's does not show a causal link between the September 2018 phone calls, in which the coordinator told the university's general counsel and associate vice president of Human Resources that the coordinator was a victim of sexism, to her termination on Feb 19, 2020.
Court: USDC Oregon, Judge: Simon, Filed On: November 13, 2023, Case #: 3:21cv991, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
J. Clarke denies the city summary judgment on the bar patron's Americans with Disabilities Act claims in his lawsuit alleging that officers wrongfully arrested him for alleged disorderly conduct for throwing pebbles at a bar. The bar patron says he is a paraplegic whose electric wheelchair was dying, so he shouted and threw pebbles at the bar's building to get someone's attention and assistance to a nearby bus stop. The bar patron sufficiently questions whether the city and its officers could have used an ADA accessible taxi as an available alternative to transport him.
Court: USDC Oregon, Judge: Clarke, Filed On: November 9, 2023, Case #: 1:20cv49, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act
J. Simon denies FedEx summary judgment as to the sales representative's age discrimination claim alleging that FedEx fired her because she is 65 years old. The sales representative presents sufficient circumstantial evidence of age discrimination, which includes how FedEx fired her in favor of a 26-year-old candidate and that the regional managing director “often spoke about how FedEx’s pension plans for older employees cost the company a lot of money.”
Court: USDC Oregon, Judge: Simon, Filed On: November 9, 2023, Case #: 3:22cv1217, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
J. Armistead grants the homeowner leave to add a partnership liability claim to his third amended complaint alleging that the construction company did not improve a remodeled home it sold to the homeowner, as the home had numerous improper repairs and defective materials. Although asserted on the barest of facts, the homeowner sufficiently alleges that Roman Chernichenko created a partnership with Valentine Perederyev and the construction company to flip the home for a profit.
Court: USDC Oregon, Judge: Armistead, Filed On: November 9, 2023, Case #: 3:23cv34, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Property
J. Mosman denies the owner of two properties' motion leave to appeal the interlocutory order regarding his complaint that he has a business justification to reject his contract with the real estate agent and others, and that the bankruptcy court erred when it prevented the owner from presenting evidence of a business justification that he did not provide at the initial confirmation hearing. The owner does not sufficiently argue that there is any case law indicating that courts regard the rejection of executory contracts differently under Chapter 11 or Chapter 13 bankruptcy plans, and there is "no substantial ground for difference of opinion" of this appeal because it is not novel or difficult to understand from when it appeared in the bankruptcy court.
Court: USDC Oregon, Judge: Mosman, Filed On: November 9, 2023, Case #: 3:23cv1063, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Evidence
J. Aiken declines to dismiss the general contractor's complaint alleging that the subcontractor wrongfully submitted project revisions that would substantially increase the amount needed to buy the materials. The parties engaged in extended discovery so there is a substantial likelihood that the general contractor and the subcontractor possess information supporting or undermining the former's claims, so the parties are to schedule a telephonic status conference to discuss the next steps to resolve this case.
Court: USDC Oregon, Judge: Aiken, Filed On: November 8, 2023, Case #: 6:22cv1575, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Immergut denies the moving company's motion to set aside the default judgment in favor of the consumer's Carmack claim, which alleges that the moving company required him to sign a blank interstate bill of lading before loading his items into the moving truck, but then refused to release his items unless he paid a higher price than agreed upon. The sole owner and chief executive officer of the moving company admitted in her deposition that she received messages and emails confirming the consumer's lawsuit, and the moving company does not provide a valid reason as to why it did not appear in court.
Court: USDC Oregon, Judge: Immergut, Filed On: November 3, 2023, Case #: 3:22cv1243, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Consumer Law
J. Nelson declines to dismiss the police department officer manager's complaint that the city and its police force fired her after she filed a complaint accusing a police officer of sexual harassment and assault at work. Although the city claims that the officers are not liable for aiding and abetting discriminatory conduct because they acted as agents of the city and thus essentially acted as the city, none of the officers qualify as the primary actor against the office manager, which would preclude them from her claims.
Court: USDC Oregon, Judge: Nelson, Filed On: November 2, 2023, Case #: 3:23cv122, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Simon denies summary judgment to the semiconductor supplier on Apex Micro Manufacturing's negligence claim in the shareholders' lawsuit alleging that that the supplier did not properly inform the shareholders about the export-controlled status of integrated circuits. The supplier had a contractual relationship with Apex in which the former provided the latter with export control information, and the shareholders sufficiently allege their negligence claim because this relationship meant that Apex could not test the semiconductors to see if they were case or temperature related, thus it had to rely on the supplier's datasheets.
Court: USDC Oregon, Judge: Simon, Filed On: November 1, 2023, Case #: 3:19cv86 , NOS: Other Statutory Actions - Other Suits, Categories: Trademark, Contract
J. McShane awards Independent politician Brian Boquist $375,500 in attorney fees and $21,000 in costs for his complaint that Oregon State Senate President Peter Courtney and others stopped him from accessing the capitol building after he made comments following a walkout held by Republican senators in June. Some costs, including those for videotaping depositions, are denied. Most of Boquist's counsel's rates are reasonable when compared to other Oregon lawyers with the same experience, though not all hours are accepted because some of them are duplicative.
Court: USDC Oregon, Judge: McShane, Filed On: October 30, 2023, Case #: 6:19cv1163, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Attorney Fees
J. Immergut denies the father's petition alleging that the mother wrongfully took their 5-year-old and 3-year-old children from Scotland to Oregon in June 2022 in violation of the Hague Convention on the Civil Aspects of International Child Abduction. The children have no meaningful relationship with the father or his family, and the father is being held indefinitely in a psychiatric health facility for killing his own mother.
Court: USDC Oregon, Judge: Immergut, Filed On: October 24, 2023, Case #: 3:23cv850, NOS: Other Statutory Actions - Other Suits, Categories: Family Law
J. Clarke denies summary judgment to the paint manufacturer against the competitor's trade secrets counterclaims. The competitor raises sufficient questions about whether the Wipe New formula is a trade secret as its formula and the use of Durazane was not publicly known when the parties signed the sales agreement, so it is possible that the paint manufacturer misappropriated the formula.
Court: USDC Oregon, Judge: Clarke, Filed On: October 23, 2023, Case #: 1:18cv1655, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Nelson dismisses the homeowner's complaint that the city's officers declared that there were no signs of criminal activity regarding the homeowner's vacant house, only for an individual to then steal items from the house and engage in a fight with the homeowner. The city's officers have qualified immunity against the homeowner's substantive due process claim, because he does not establish that they violated one of the homeowner's constitutional rights by not staying on the premises after they cleared the site, or that it was somehow unlawful for them to miss a basement window that is well hidden by overgrown vegetation.
Court: USDC Oregon, Judge: Nelson, Filed On: October 20, 2023, Case #: 3:21cv771, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Due Process
J. Hernandez dismisses the parents' complaint that the child abuse pediatrician and others wrongfully accused the father of abusing his children, admitted three years later that the original allegations were unfounded, and then took another year to remove the parents' names from a child abuse registry. Of the claims that are not time barred, some are premature and not cognizable, such as the spoliation of evidence claim, or do not apply because the father was never convicted. However, the family can pursue conspiracy claims if they properly add it in an amended complaint.
Court: USDC Oregon, Judge: Hernandez, Filed On: October 20, 2023, Case #: 3:23cv650, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Aiken finds in favor of the woodworking and metalworking machinery company against the carpenter's complaint that the company's half benchtop planer cut off four of the carpenter's fingers when he reached in to dislodge dust from the accompanying dust hood. The carpenter acknowledged in his own deposition that he acted against the planer's warnings when he reached into it while it was running, and he could have simply turned the machine off before reaching in to dislodge the dust.
Court: USDC Oregon, Judge: Aiken, Filed On: October 19, 2023, Case #: 6:22cv1200, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability