140 results for 'court:"USDC Hawaii"'.
J. Kobayashi dismisses a counterclaim against Liberty Mutual over contracting work done at an Oahu prison. The contractors do not sufficiently show that Liberty Mutual fraudulently misrepresented terms of a prior settlement agreement between the parties or that the insurance company did not provide final drawings for allegedly defective work on the prison.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: July 13, 2023, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: Insurance, Contract
J. Seabright grants summary judgment to a Hawaii Police Department officer for false arrest claims brought by an individual he arrested for a sexual assault. The officer had probable cause to arrest the suspect based on the victim’s positive identification and other evidence, as he did not know at the time that the suspect was being monitored via ankle monitor. Although the suspect’s monitor showed that he was miles away, evidence indicated that the ankle monitor had been tampered with, granting the officer probable cause.
Court: USDC Hawaii, Judge: Seabright, Filed On: July 12, 2023, Case #: 1:21cv264, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Watson dismisses the sued dairy companies’ appeal to review a bankruptcy court order calling for the companies to return cattle and other property to the suing dairy company. Immediate review is unnecessary as “there is nothing in the record here demonstrating that review of the March 13 order in the ordinary course of litigation (upon final judgment or decree) would cause irreparable harm.”
Court: USDC Hawaii, Judge: Watson, Filed On: July 11, 2023, Case #: 1:23cv147, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Property
J. Kobayashi partially grants a temporary restraining order and preliminary injunction to firearm owners who claimed a recent law prohibiting firearms from being carried on government property, beaches, banks and bars violated the Second Amendment. State officials were unable to show that there is historical tradition banning carrying firearms in these public places. The gun owners, however, is not likely to succeed on their First Amendment challenge as the law’s stipulation on permission to carry firearms on private property does not regulate their speech.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: July 8, 2023, Case #: 1:23cv265, NOS: Other Civil Rights - Civil Rights, Categories: Firearms, First Amendment, Injunction
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J. Otake dismisses claims against the state and Maui county and its police department alleging that an individual was wrongfully arrested and incarcerated and his son kidnapped and placed into foster care. The state and county agencies have Eleventh Amendment immunity from the claims. Claims against the Maui Police Department and its officers also fail to demonstrate any sufficient allegations of misconduct.
Court: USDC Hawaii, Judge: Otake, Filed On: July 7, 2023, Case #: 1:23cv5, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Police Misconduct
J. Seabright dismisses an amended complaint by a former Republican candidate for governor claiming that Hawaii’s current governor and lieutenant governor were illegally sworn into office while their elections were supposedly still being contested. The former candidate is still unable to state a claim beyond a “generalized grievance.” His former candidacy in the primary elections does not grant him standing to challenge the general election.
Court: USDC Hawaii, Judge: Seabright, Filed On: July 3, 2023, Case #: 1:22cv528, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Elections
J. Otake grants, in part, the rental property seller's motion for summary judgment, ruling that because none of the statements supporting the buyers' fraud claims were made in Hawaii and were related to rental properties located in St. Louis, the buyers have failed to establish jurisdiction. However, because discussions over the purchases took place in Hawaii and documents were presented to the buyers within the court's jurisdiction, the claims for enforcement of promissory notes will proceed.
Court: USDC Hawaii, Judge: Otake, Filed On: June 30, 2023, Case #: 1:22cv309, NOS: Negotiable Instrument - Contract, Categories: Fraud, Real Estate, Jurisdiction
J. Otake grants the planning department's motion to dismiss, ruling the condo complex lacks standing to bring a takings claim on behalf of its members for enforcement of a zoning ban on short-term rentals because such a claim would require individual participation by all of the members of the complex. Although each owner has theoretically suffered the same injury, there is no way to determine damages without individual participation, and because injunctive relief is not allowed in a takings claim, that portion of the suit must be dismissed.
Court: USDC Hawaii, Judge: Otake, Filed On: June 30, 2023, Case #: 1:22cv162, NOS: All Other Real Property - Real Property, Categories: Constitution, Property, Zoning
J. Otake grants the property sellers' motion to dismiss, ruling the buyers' allegations are insufficient to establish the requisite contacts in the state of Hawaii to give this court jurisdiction, as none of the sellers are located in the state and did not offer any forms or contracts to the buyers. Additionally, there is no indication the sellers' claims to be partners with the defendants located in Hawaii ever took place in the state, while there is also no documentation to support the partnership.
Court: USDC Hawaii, Judge: Otake, Filed On: June 30, 2023, Case #: 1:22cv309, NOS: Negotiable Instrument - Contract, Categories: Fraud, Real Estate, Jurisdiction
J. Kobayashi denies attorney fees to the plaintiff communications company and grants the defendant communications company's objection to a lower court's decision to grant the fees. The defendant communications company properly removed the case to federal court and did not cause unreasonable delay to proceedings, so a "discretionary award of attorney fees is not warranted."
Court: USDC Hawaii, Judge: Kobayashi, Filed On: June 29, 2023, Case #: 1:22cv302, NOS: Arbitration - Other Suits, Categories: Arbitration, Attorney Fees
J. Gillmor dismisses negligence and emotion distress claims filed against Honolulu by an individual who was wrongfully convicted and imprisoned for sexual assault. The claims are time-barred, as the conviction occurred nearly two decades ago and the individual had been released from prison for eight years by time of the suit. The wrongfully convicted individual was also unable to specify who exactly from the city acted against him and in what manner.
Court: USDC Hawaii, Judge: Gillmor, Filed On: June 22, 2023, Case #: 1:21cv461, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Negligence
J. Seabright dismisses wrongful foreclosure and real estate fraud claims brought by several individuals against the state, court employees, including two judges, law firms, financial institutions and loan servicers. The complaint does not detail how each played a role in the foreclosure process. The state and court officials are immune to the claims.
Court: USDC Hawaii, Judge: Seabright, Filed On: June 21, 2023, Case #: 1:22cv432, NOS: Other Civil Rights - Civil Rights, Categories: Fraud, Foreclosure
J. Otake partially denies summary judgment to the county in wrongful death complaint against the county and several police officers. In separate case based on the same events that led to a man’s death after police detained him, similar claims of negligence and police misconduct were granted summary judgment but that decision has no bearing on this case and does not preclude the claims in this suit. Although the plaintiffs in both cases are relatives of the decedent, they are not the same relatives and their claims are separate from each other. However, summary judgment is granted as to conspiracy and due process claims due to a lack of sufficient allegations to support the claims.
Court: USDC Hawaii, Judge: Otake, Filed On: June 20, 2023, Case #: 1:20cv202, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, Assault, Police Misconduct
J. Seabright dismisses claims of Environmental Species Act violations against several American Samoan telecommunication companies. Neither the American Samoa residents who brought the complaint nor the telecommunications companies have any significant ties to Hawaii and therefore lack jurisdiction to bring the complaint to the Hawaiian district court. Related motions for temporary restraining orders and for summary judgment are also denied.
Court: USDC Hawaii, Judge: Seabright, Filed On: June 16, 2023, Case #: 1:21cv377, NOS: Environmental Matters - Other Suits, Categories: Environment, Jurisdiction
J. Watson dismisses a former employee of a seafood company’s claims of unpaid wages and injuries sustained on the company’s boat, finding the employee’s contract explicitly states that any lawsuit regarding employment must be be brought in Washington state, regardless of where the employee is hired from. Any possible prejudice against the employee based on delayed payment or out of state travel is made irrelevant by his agreement and subsequent violation of the forum clause of the employment contract.
Court: USDC Hawaii, Judge: Watson, Filed On: June 5, 2023, Case #: 1:23cv4, NOS: Marine - Torts - Personal Injury, Categories: Employment, Maritime, Jurisdiction
J. Seabright partially grants summary judgment to the U.S. Postal Service on several claims of retaliation brought by an employee. The employee could not show that five of the seven alleged retaliatory acts were related to either his filing of a equal employment opportunity complaint or that his supervisors had knowledge that he was affiliated with another employee that filed an complaint. A claim for hostile work environment therefore also is denied.
Court: USDC Hawaii, Judge: Seabright, Filed On: June 2, 2023, Case #: 1:23cv553, NOS: Civil Rights - Habeas Corpus, Categories: Employment Retaliation
J. Kobayashi dismisses a claim of security fraud against several loan brokers and their agent, finding that investments alleged to have been made under coercion are not securities. The private commercial loans in dispute could not have been publicly traded and were not offered to other investors, and therefore cannot be considered securities under the Securities Act.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: May 31, 2023, Case #: 1:22cv344, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Business Practices
J. Mollway denies a motion by the husband of a woman who died during a SCUBA boat tour to make statements made by the captain of the tour to the Coast Guard in a separate administrative action admissible at trial. The captain checking a box on the Coast Guard’s enforcement action does not unambiguously imply admitted liability just due to phrasing used in the “factual allegations” section. Additionally, admission of even a section would require the entire context of the complaint and it has already been ruled by a magistrate judge that the Coast Guard’s administrative action was to be protected from discovery.
Court: USDC Hawaii, Judge: Mollway, Filed On: May 30, 2023, Case #: 1:21cv475, NOS: Marine - Torts - Personal Injury, Categories: Evidence, Wrongful Death, Discovery