507 results for 'court:"USDC Western District of Washington"'.
J. Estudillo sets definitions to terms in the software company's complaint alleging that Amazon infringed on 10 of the former's patents. The term "output manager software" and the disputed function terms are not subject to additional construction, because the software company identifies output manager software that can perform the functions identified in the disputed claim limitation, and thus an ordinary person could understand that output manager software has a sufficiently definite meaning as the name for structure.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 5, 2024, Case #: 2:21cv1055, NOS: Patent - Property Rights, Categories: Patent
J. Cartwright grants the travel bag company statutory damages that are three times the aggregate sales of the counterfeit products that each of the sellers made by selling those unauthorized products on Amazon. The travel bag company shows that it owns the trademark associated with childcare travel accessories at issue and that the sellers advertised and sold the counterfeit products that confused customers into believing that they were buying genuine products.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: March 4, 2024, Case #: 2:20cv1215, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Rothstein denies the Child Protective Services investigator summary judgment on a negligent investigation claim in the family's complaint alleging that the state removed the children from the parents' custody by wrongfully representing the parents as violent. The family claims that the CPS investigator did not meet with the father and did not conduct domestic violence screening. Deciding the reasonability of her investigation is better left for a jury to decide.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 4, 2024, Case #: 2:21cv1263, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Family Law, Jury
J. Jones grants a former employee’s motion for a protective order in this employment dispute brought against the city and its light department regarding religious discrimination. The employee alleges she was fired after her supervisor refused to accommodate religious exemption requests for the state’s Covid-19 vaccine requirement. The city then requested school records of the employee’s minor child, and she argues the records are beyond the scope of litigation and the minor child’s privacy should be protected. Therefore, the parties shall redact the child’s name and birthdate and use initials only. The court grants the city’s motion to compel for the former employee to answer each deficient interrogatory and request for production.
Court: USDC Western District of Washington, Judge: Jones, Filed On: March 1, 2024, Case #: 2:22cv1668, NOS: Employment - Civil Rights, Categories: Privacy, Discovery, Employment Discrimination
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J. Christel grants a software builder’s motion for partial summary judgment copyright claims brought by the owner of a managing and aligning chart that was allegedly copied without permission. The evidence shows that the aligning chart was not similar to the owner’s chart, but there is an issue of material fact regarding the owner has a valid copyright regarding the managing chart. Therefore, the owner’s motion for summary judgment is denied.
Court: USDC Western District of Washington, Judge: Christel, Filed On: March 1, 2024, Case #: 2:19cv1458, NOS: Copyrights - Property Rights, Categories: Copyright
J. Peachman grants the school district’s counter-claim motion for summary judgment in this case brought by the parents of a minor child. The parent alleged that the school failed to provide a free appropriate public education, failed to address all of his disabilities and develop an education plan to help the child succeed academically. The court reverses an administrative law judge decision in awarding reimbursement to the parents for private placement and other cost.
Court: USDC Western District of Washington, Judge: Peachman, Filed On: March 1, 2024, Case #: 2:23cv191, NOS: Education - Civil Rights, Categories: Ada / Rehabilitation Act, Education
J. Lin grants, in part, default judgment in this fraud and negligent misrepresentation claims brought by the SEC against promoters of a cryptocurrency, finding one of the promoters violated the Securities Exchange Act. Therefore, he is permanently restrained and enjoined from any further violations, and he is liable for disgorgement. The SEC’s request for prejudgment interest is denied, but it may enforce the judgement for disgorgement and civil penalties.
Court: USDC Western District of Washington, Judge: Lin, Filed On: March 1, 2024, Case #: 2:22cv1009, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Enforcement Of Judgments
J. Settle grants the insurance company summary judgment against bad faith, Insurance Fair Conduct Act and Washington Consumer Act claims in the nonprofit corporation's complaint that the insurance company wrongfully refused to defend the nonprofit in an underlying lawsuit. The insurance company has no duty to defend the nonprofit because the potential of a warrant of abatement and the cost of permits to continue using the property as a shooting range do not qualify as damages under the insurance policies.
Court: USDC Western District of Washington, Judge: Settle, Filed On: February 29, 2024, Case #: 3:11cv5021, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract
J. Pechman declines to dismiss the non-Washington class members from the consumers' class action accusing the health insurance provider of violating the Telephone Consumer Protection Act by using an artificial pre-recorded voice to call cell phones without prior consent. The healthcare insurance provider argues that this court does not have personal jurisdiction over the non-Washington class members' claims, but the Supreme Court already decided that a court can exercise jurisdiction over absent class action plaintiffs because mass actions generally do not and cannot meet all the requirements under Federal Rule of Civil Procedure 23.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 29, 2024, Case #: 2:19cv175, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Jurisdiction, Class Action
J. King dismisses the homeowners' complaint alleging that the bank is not allowed to sell their home because the homeowners never signed the loan securing note and thus the later foreclosure sale on their property was “bogus.” The homeowners already raised this claim in prior litigation, which was rejected, and they claim that their debt was forgiven in 2006 despite there being no evidence of that.
Court: USDC Western District of Washington, Judge: King, Filed On: February 28, 2024, Case #: 2:23cv1801, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, Foreclosure
J. Rothstein dismisses the property manager's complaint alleging that the insurance company wrongfully denied the property manager's damage claim regarding Covid-19 infesting the Washington State Convention Center. The property manager is not entitled to coverage because the Washington Supreme Court already concluded that a loss of functionality only occurs when the property is physically affected, not when the property manager could not conduct normal business.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: February 27, 2024, Case #: 2:23cv1386, NOS: Insurance - Contract, Categories: Insurance, Property, Covid-19
J. Whitehead dismisses the pharmaceutical company's attempt to vacate, modify or correct the $310,000 arbitration award in the former employee's favor after the pharmaceutical company fired her without notice. This court does not have jurisdiction over the former employee because she is a Minnesota citizen who had Minneapolis listed as her primary location and who did not have “continuous and systematic” contacts with Washington during her employment.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: February 27, 2024, Case #: 2:23cv700, NOS: Other Contract - Contract, Categories: Arbitration, Jurisdiction, Contract
J. Robart grants the widower's motion for sanctions in his complaint alleging that the advertising agency and the radio program host used the copyrighted works of the widower's deceased wife, who was an author and media personality, without permission. The radio program host did not answer the widower's discovery requests for 11 months, and their counsel only said that the radio program host simply missed the electronic service, which is not an adequate response.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 26, 2024, Case #: 3:22cv5238, NOS: Copyrights - Property Rights, Categories: Copyright, Sanctions, Discovery
J. Martinez declines to dismiss the claims under Oregon’s Unlawful Trade Practices Act and California’s Unfair Competition Law in the consumers' class action claiming that Amazon prevented them from unsubscribing from Audible and other Amazon services with overly complex cancellation procedures and by not explaining the terms of its automatic renewal programs. The consumers prove their prime facie case because the states' automatic renewal laws require businesses to give consumers a “timely, and easy to-use-mechanism for cancellation” in the acknowledgements, and the consumers show multiple instances where they struggled to cancel their subscriptions either by phone or online.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: February 26, 2024, Case #: 2:22cv910, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Lin awards Dutch Blitz Acquisition $193,200 in statutory damages in its and Amazon's complaint that the sellers sold counterfeits of Dutch Blitz's products on Amazon's website. The award is appropriate, because the sellers intentionally sold counterfeit versions of Dutch Blitz's products and misused its trademarks, thus depriving Dutch Blitz of sales and causing customer confusion.
Court: USDC Western District of Washington, Judge: Lin, Filed On: February 26, 2024, Case #: 2:21cv159, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Robart declines to dismiss the Washington Consumer Protection Act claim in the timeshare owners' class action alleging that Happy Hour Media Group did not truly assist them in "exiting" their timeshare obligations in various resort properties. False advertising can be an unfair or deceptive practice under the WCPA, and the timeshare owners sufficiently allege that Happy Hour knowingly provided false information when promoting Reed Hein & Associates, because Happy Hour “drafted advertising and marketing content used by” Reed Hein and Lampo Group.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 23, 2024, Case #: 2:23cv630, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
[Consolidated.] J. Whitehead grants the customer's motion to appoint interim class counsel for her claim that Amazon charged its customers for their returned items in violation of its own refund terms and exchange policies. The law firms Terrell Marshall Law Group, George Feldman McDonald, Quinn Emanuel Urquhart & Sullivan and Zigler Law Group will become the interim co-lead counsel, because all of them have extensive experience with consumer class actions, including against Amazon, and there is no suggestion that either team would not devote all necessary resources to fully pursue this case on behalf of their clients.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: February 22, 2024, Case #: 2:23cv1372, NOS: Other Contract - Contract, Categories: Class Action, Contract
J. Pechman grants the customers' unopposed renewed motion for preliminary approval of a $2.45 million settlement for their class action accusing the consumer debt collector of not taking adequate measures to protect the customers' sensitive data from a data breach. Class members may seek up to $1,500 for ordinary out-of-pocket expenses related to the data breach or up to $10,000 for extraordinary expenses.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 20, 2024, Case #: 2:22cv1558, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Settlements, Privacy, Class Action
J. Estudillo remands the hourly employee's class action alleging that the healthcare company did not provide meal and rest periods, did not pay overtime and withheld wages. The healthcare company does not present enough evidence to prove that the employee claims that it violated Washington law 60% of the time. A 20% violation rate is more reasonable in this case based on the evidence presented, including the fact that the employee uses phrases like "at times," which implies that the alleged illegal practices did not happen consistently. Based on this 20% rate, the potential damages do not meet the $75,000 jurisdictional minimum.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: February 20, 2024, Case #: 3:23cv5892, NOS: Other Labor Litigation - Labor, Categories: Employment, Jurisdiction, Class Action
J. Coughenour grants partial summary judgment to the tribe for its complaint that the electric utility company and others illegally took endangered fish as part of their electron hydroelectric project on the Puyallup River. The electric utility company's rock dam is an unpermitted take because it accelerates water which attracts upstream migrating endangered fish to the structure and away from the purpose-built fish ladder. The electric utility company and others are to apply for the necessary permits within 10 days of this order, and they are to remove a sufficient portion of the rock dam during the summer of 2024 in-water work season for the volitional upstream fish passage by Sep. 15, 2024.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: February 16, 2024, Case #: 2:20cv1864, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Pechman denies Nationstar Mortgage's motion for summary judgment against the consumer's complaint that it did not remove inaccurate information about delinquent payments due on a loan in the consumer's credit report, which are solely his ex-wife's responsibility. The consumer sufficiently alleges that Nationstar owed him a duty to make a more accurate report acknowledging that his ex-wife was entirely responsible for repaying the loan.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 15, 2024, Case #: 3:22cv5840, NOS: Consumer Credit - Other Suits, Categories: Consumer Law