212 results for 'court:"USDC Nevada"'.
J. Boulware grants JP Morgan’s post-remand motion for summary judgment. JP Morgan was assigned the deed of trust to a property which had been foreclosed-upon and sold to the trust, four years after the sale. The trust had knowledge of a failure to provide notice of sale in the foreclosure sale and that exercising reasonable care would have put it on notice. Establishing constructive notice is sufficient for purposes of defeating a claim to be a bona fide purchaser.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:16cv2276, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Property, Foreclosure
J. Boulware grants the female romantic partner’s motion for default judgment in this fraudulent misrepresentation case arising from the male partner’s unwillingness to commit more time to the relationship. When the male partner expressed concern about losing money from not working, he stated he would hire the woman to work for his company. She then allegedly agreed to travel from Nevada to Dubai to meet the man at his request. No such employment existed, and the female has submitted credible evidence as to the items that the jewelry appraiser could use in his appraisal of gifts she received. Other evidence proves that there was a loss of income due to the female partner’s travels.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:14cv979, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Fraud, Contract
J. Boulware grants the employees’ motion for summary judgment in this employment discrimination action brought by the white, gay senior citizens who were not hired for positions in hospital nutrition services, for which they had experience and education. Though sex discrimination and ADA claims fail, they have shown that they were qualified for the jobs to which they applied. There is no dispute that they suffered an adverse employment action.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:21cv8, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment Discrimination
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Navarro grants the developer’s motion for summary judgment in this contract dispute over income distribution regarding the company’s ceasing of provision of medical services to the Navajo Nation. The breach of contract claim is based on actions taken to prevent payment from reaching the company in the first place, which disrupted the operating agreement, and therefore were a breach of obligations. Being the payment never reached the company, the agreement was never in play and no contract was breached.
Court: USDC Nevada, Judge: Navarro, Filed On: September 30, 2023, Case #: 2:18cv1622, NOS: Other Contract - Contract, Categories: Business Expectancy, Contract
J. Boulware denies MGM’s motion for summary judgment in this disability discrimination suit brought by the former spotlight operator for the Cirque du Soleil show. That the employee later received a reasonable accommodation for a preferable job is unrelated to whether his protected rights were violated in the first proceeding. A distinct and palpable injury has been properly asserted.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:20cv995, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Employment Discrimination
J. Boulware denies the credit reporting agency’s motion to dismiss this suit brought by the auto loan borrower who missed an auto-pay payment due to a clerical error with General Motors’ financial company. The agency did not conduct an investigation when the borrower reported the issue, but only forwarded an automated dispute to GM. “Many courts ... have concluded that where [an agency] is ... on notice that information received from a creditor may be suspect, it is unreasonable ... to simply verify the creditors’ information through the... [dispute verification] process without additional investigation.”
Court: USDC Nevada, Judge: Boulware, Filed On: September 29, 2023, Case #: 2:22cv1309, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Banking / Lending
J. Mahan grants the turf company’s motion for summary judgment in this trademark infringement suit brought by the landscaping company. The landscaping company’s registration of “U.S. Turf” is an unprotectable geographic description, and the company has provided insufficient evidence of secondary meaning.
Court: USDC Nevada, Judge: Mahan, Filed On: September 29, 2023, Case #: 2:21cv1749, NOS: Trademark - Property Rights, Categories: Trademark
J. Navarro denies the insurance company’s motion for summary judgment in this suit arising from its failure to indemnify the successor in interest for the title company which served as the escrow agent for construction loans attached to a deed which the borrower never reconveyed due to the title company’s clerical error. The successor in interest has raised a dispute of material fact. Certain exhibits demonstrate that the insurance company had acted in bad faith by not engaging in settlement offers over a period of years.
Court: USDC Nevada, Judge: Navarro, Filed On: September 29, 2023, Case #: 2:18cv1823, NOS: Insurance - Contract, Categories: Evidence, Insurance, Banking / Lending
J. Mahan grants a YouTube investment educator’s motion for summary judgment in this trademark infringement and defamation suit brought by a YouTube investment advisor. The advisor alleges that an interviewee of the educator lied about the advisor’s education, accused him of money laundering and drug dealing, alleged that he had framed the interviewee and said he was involved in the death of a woman who was the alleged victim in the interviewee’s arrest. The educator did not speak about the advisor’s real estate portfolio when the interviewee raised the issue, and the advisor fails to identify any timestamp in any video in which the educator advertised his own services, and so the educator’s speech was not an advertisement or commercial speech. The educator, having extensive information about the advisor’s character, did not act with reckless disregard or malice.
Court: USDC Nevada, Judge: Mahan, Filed On: September 29, 2023, Case #: 2:21cv1173, NOS: Other Statutory Actions - Other Suits, Categories: Trademark, Defamation
J. Dorsey denies Travelers’ motion for attorney fees in the insurance dispute arising from a claim for water damage to a rooftop swimming pool under renovation. Travelers requested over $2 million in fees after the dispute was finally settled by a timelapse video showing that a tarp was not in place over the pool after the hotel owner had claimed that all precautions were taken. Both parties committed errors during discovery. Travelers has not proven entitlement to sanctions. The judge refers to the case as “bungled,” and “a colossal waste of resources.”
Court: USDC Nevada, Judge: Dorsey, Filed On: September 29, 2023, Case #: 2:16cv2933, NOS: Insurance - Contract, Categories: Insurance, Sanctions, Discovery
J. Hicks grants the mining company’s motion for summary judgment in this employment discrimination suit. The former employee was fired for failing to follow safety protocols and bypassing equipment safety features, which resulted in the partial amputation of his finger. He was not hired thereafter by a subcontractor which contracted with the mining company after giving his resume to someone associated with the subcontractor. This person never submitted the resume. The former employee failed to demonstrate the existence of a prospective contractual relationship between himself and the subcontractor. There are no genuine issues of material fact.
Court: USDC Nevada, Judge: Hicks, Filed On: September 29, 2023, Case #: 3:20cv34, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination, Contract
J. Hicks grants the community college administrators' motion to dismiss this civil rights complaint brought by a professor alleging that the administrators sought to discipline, retaliate and punish him after he voiced concerns about the lowering of curriculum standards and the deterioration of shared governance. The administrators are shielded by qualified immunity because the professor has failed to allege a constitutional violation of the Equal Protection Clause.
Court: USDC Nevada, Judge: Hicks , Filed On: September 27, 2023, Case #: 3:22cv45, NOS: Other Civil Rights - Civil Rights, Categories: Education, Immunity, Equal Protection
J. Navarro makes findings of fact and conclusions of law as to this federal tort claims act arising from a construction-zone accident between the driver of an RV and a semi-truck driver working for the FAA. The RV driver has not cast sufficient doubt on the truck driver's credibility or his version of events. The RV driver did not elicit sufficient testimony at trial supporting his and a corroborating witness's version of events, or that the truck driver failed to maintain his lane. And so, the RV driver has failed to meet his burden to show the United States breached a duty of care.
Court: USDC Nevada, Judge: Navarro , Filed On: September 26, 2023, Case #: 2:20cv1584, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Negligence
J. Dorsey finds in favor of the Ultimate Fighting Championship in fighter Mark Hunt's lawsuit alleging that the UFC booked him in a fight against Brock Lesnar despite knowing that Lesnar was using performance-enhancing drugs. Hunt fails to provide evidence to show that the UFC intentionally encouraged Lesnar to use prohibited substances or that it knew he was using performance-enhancing drugs. "Each of Hunt's fraud theories requires far too many inferential leaps and ignores too much contrary evidence for a reasonable jury to find in his favor."
Court: USDC Nevada, Judge: Dorsey , Filed On: September 26, 2023, Case #: 2:17cv85, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Contract, Racketeering
J. Youchah grants the gaming machine company's motion for leave to file counterclaim and third-party complaint in this breach of contract suit. The facts alleged are sufficient to overcome assertions that they are made solely to facially comply with a rule regarding joinder of parties. Because counterclaims asserted against the existing parties survive the challenge to the motion to amend, the relief sought complies with joinder rules. There are clear common questions of law and fact regarding commonality.
Court: USDC Nevada, Judge: Youchah , Filed On: September 25, 2023, Case #: 2:21cv1953, NOS: Other Contract - Contract, Categories: Due Process, Contract, Technology
J. Boulware grants the online casino’s motion to remand this patent infringement suit brought against its former employee who transferred to the casino full rights to an invention of his involving cashless gaming. The inventor has not satisfied his burden of showing why removal is appropriate, and when original jurisdiction exists under a certain U.S. Code, but the matter was filed in a state court, it may be removed to federal court. The case is to be remanded If, before final judgment, it appears that the district court lacks subject matter jurisdiction.
Court: USDC Nevada, Judge: Boulware, Filed On: September 25, 2023, Case #: 2:22cv2134, NOS: Patent - Property Rights, Categories: Patent, Jurisdiction, Technology
J. Albregts denies the city's motion to declare plaintiff a vexation litigant in her civil rights action brought on allegations that the Las Vegas Police Department is stalking her. She says that she was unlawfully arrested while living in Reno, and that when she moved to Las Vegas the police released her booking photo, in which she is bald due to alopecia, to embarrass her. She also claims that U-Haul lost her property and began working with Reno and Las Vegas police, which led to conspiracies involving her apartment management. Though she has shown a pattern of vexatious litigation, she is entitled to notice and hearing. She must show cause as to why she should not be declared a vexatious litigant.
Court: USDC Nevada, Judge: Albregts , Filed On: September 22, 2023, Case #: 2:23cv65, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Police Misconduct
J. Silva grants the investment company and union's motion for $138,500 in attorney fees. The attorney acted recklessly by failing to voluntarily dismiss the union member's duty-of-fair-representation claim when it was clear that it was meritless. He also acted in bad faith by failing to inform opposing counsel/the court that he was abandoning an FMLA claim until after the issue had been fully briefed at summary-judgment, by misrepresenting evidence and case law, by raising novel arguments first in reply briefs and at oral argument, and by violating local rules. The investment company provides sufficient information on which to base an award of fees for work related to summary judgment.
Court: USDC Nevada, Judge: Silva , Filed On: September 21, 2023, Case #: 2:20cv1287, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination, Attorney Fees, Attorney Discipline
J. Du denies the former employee's motion to dismiss the employer's suit alleging that he stole its trade secrets and confidential information to unfairly compete in the Nevada mining company transportation market. Dismissal on the basis of Nevada’s Uniform Trade Secrets Act preemption is premature. The employer has sufficiently pled its claims and is entitled to plead alternative statutory and non-statutory theories of relief even when theories are duplicative. Deceptive Trade Practices claims are dismissed, as there are no allegations as to when or where misrepresentations were made, or to whom.
Court: USDC Nevada, Judge: Du , Filed On: September 20, 2023, Case #: 3:22cv15, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Transportation
J. Mahan grants the city's motion for summary judgment in this civil rights suit brought by the estate of a man who was fatally shot by the city's SWAT team after he refused to surrender during negotiations regarding his brandishing and firing of a handgun. Expert testimony shows that the man displayed active resistance to officers' requests and directions, putting the public in danger. It is undisputed that he fired at least one round in the middle of a park, telling a witness “it’s gonna [sic] get bad around here.”
Court: USDC Nevada, Judge: Mahan , Filed On: September 20, 2023, Case #: 2:20cv1542, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Traum, in this amended order, grants the parents' motion for summary judgment in this suit alleging the school district improperly exited their child from special education services. Classroom observations provided by staff, together with the student's poor grades, do not suggest that he was able to access the curriculum without accommodations. The evidence shows he was eligible for special education services.
Court: USDC Nevada, Judge: Traum, Filed On: September 20, 2023, Case #: 3:21cv242, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Education, Evidence
J. Baldwin grants the debtor's request to extend discovery in this fair debt collection proceeding. The deposition of the collector's witness was taken just one week prior to the current discovery deadline. It was then that the debtor learned of the collector's recordkeeping practices, its telephone service provider, and the collections caller. Given that the debtor was only recently granted leave to amend, her complaint is anew and the responsive pleadings and defenses are unknown. It would have been impossible to conduct substantial discovery earlier.
Court: USDC Nevada, Judge: Baldwin , Filed On: September 19, 2023, Case #: 3:23cv71, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Due Process, Discovery
J. Jones denies the attorney's motion to withdraw and to substitute and remove the original named plaintiff from this fair labor standards collective action alleging that the gentlemen's club has failed to pay wages. Though counsel claims that it has become impossible to represent the worker because she revoked his power of attorney, and she concedes that she made such a revocation, she has also indicated that she did not do this freely and wishes to continue working with the attorney. Counsel's reason does not support his motion for withdrawal. Another worker is also added as a named plaintiff.
Court: USDC Nevada, Judge: Jones , Filed On: September 18, 2023, Case #: 3:19cv598, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Contract, Labor
J. Dorsey dismisses the cognitively disabled patient's civil rights complaint against various Nevada courts alleging that they failed to accommodate his disabilities during his malpractice lawsuit against a treatment center. The state argues that it lacked the ability to control the courts' decisions and no plausible claim is stated, though judicial immunity ultimately shields the judges’ conduct.
Court: USDC Nevada, Judge: Dorsey , Filed On: September 18, 2023, Case #: 2:22cv1164, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Judiciary, Immunity
J. Navarro grants the dating website's motion for default judgment on its trademark infringement claims brought against a competing website. Default judgment against the parent company is granted, as well as an injunction preventing it from using the marks, being that actual success on the merits has been shown. The dating website is entitled to a judgment of more than $1.75 million.
Court: USDC Nevada, Judge: Navarro , Filed On: September 15, 2023, Case #: 2:20cv51, NOS: Trademark - Property Rights, Categories: Trademark, Technology, Injunction
J. Dorsey grants the private equity investment firm's motion for a temporary restraining order prohibiting its former employee from sharing confidential information, directing him to return it. The firm has shown a likelihood of success on its claim that trade secrets were misappropriated when the employee downloaded confidential files. The district court also grants the firm's motion to seal an exhibit to its motion and to conduct early discovery before a preliminary injunction hearing as releasing the information could potentially damage the firm.
Court: USDC Nevada, Judge: Dorsey , Filed On: September 15, 2023, Case #: 2:23cv1339, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Securities, Trade Secrets, Discovery