195 results for 'court:"USDC Oregon"'.
J. You denies the city summary judgment against the student's disparate treatment claim in his complaint alleging that the city fired him after he failed the midterm exam and did not engage in an interactive process with him to accommodate his heart condition for the mandatory physical and written exams. A rational person could look at the evidence and conclude that the city displayed pretext when firing the student, because the city gave other students who failed academic and non-academic aspects of the academy another chance but not but not this student.
Court: USDC Oregon, Judge: You, Filed On: October 17, 2023, Case #: 3:19cv443, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
J. Nelson denies the medical products corporation's motion to exclude the testimony of John Cary, who offered expert testimony on damages, from the patient's lawsuit alleging that the medical products corporation's AccuLIF TL interbody device was defective and caused injury to his spine. Although Cary potentially erroneously applied the RAPEL methodology because his conclusions contradict the evidence on record, this does not mean that Cary erroneously applied the methodology using the reviewed materials, so his conclusions are currently admissible.
Court: USDC Oregon, Judge: Nelson, Filed On: October 17, 2023, Case #: 3:21cv80, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Discovery
J. Hallman dismisses the student's supervisory liability claim against Umatilla Police Department officials and the City of Umatilla for her complaint that detectives refused to investigate her rape when she was 14-years-old. It is possible that the detective sergeant performed a substandard investigation and that the lieutenant and police chief neglected their supervisory duties by not overseeing the detective's investigation, but that does not qualify as a constitutional violation. The student is granted leave to amend.
Court: USDC Oregon, Judge: Hallman, Filed On: October 16, 2023, Case #: 2:23cv332, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Aiken dismisses the timber and wood products company as a defendant in the seasonal agricultural worker's case alleging that she was fired for reporting a co-worker for sexually inappropriate advances. There is no evidence that the timber and wood products company acted as a joint employer of the worker because it did not supervise, direct or otherwise control the worker or her schedule.
Court: USDC Oregon, Judge: Aiken, Filed On: October 13, 2023, Case #: 6:22cv882, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Evidence
J. Hernandez grants Costco’s motion for summary judgement in this civil action where the police were called when an individual’s shopping behavior was suspicious. The loss prevention specialist believed the behavior to be a “pushout” in process. The individual fails to present evidence that is more than “merely colorable” or establishes the material facts.
Court: USDC Oregon, Judge: Hernandez, Filed On: October 10, 2023, Case #: 3:23cv172, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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J. Aiken dismisses the workers' complaint that former Oregon Gov. Kate Brown and former Director of the Oregon Health Authority Patrick Allen violated their rights to due process and equal protection, as the state officials' vaccine mandates required the workers to receive the Covid-19 vaccine even if they had a "natural immunity" due to contracting and recovering from the disease. The challenged vaccine mandates are linked to a legitimate state interest, and the workers do not present a remedy that would justify filing an amended complaint.
Court: USDC Oregon, Judge: Aiken, Filed On: September 30, 2023, Case #: 6:21cv1332, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Covid-19
J. Simon awards the landlord an additional $1.5 million in damages for expenses related to installing a second freight elevator, repairing the plumbing on the upper floors and repairing the air conditioning on the third floor, which relates to Ross' complaint that the landlord refused to authorize Ross' construction plans to separate the basement of two downtown Portland buildings with a dividing wall. Oregon's economic waste doctrine applies to the landlord's "hard cost" claims, because in the trial it presented persuasive evidence that its "general contractor costs" of 31.5% hard costs plus "soft costs" of 16% hard costs.
Court: USDC Oregon, Judge: Simon, Filed On: September 29, 2023, Case #: 3:14cv1971, NOS: All Other Real Property - Real Property, Categories: Evidence, Property, Damages
J. Aiken grants judgment in favor of the daughter for her complaint alleging that Legacy Health wrongfully denied her claim for mental health treatment even though her mother is a participant of the employee welfare benefits plan. The lack of pre-approval is not a stated basis to deny the daughter coverage because although there were available in-network options, her mother was told that retroactive authorization was an option and PacificSource denied the request despite not seeking authorization until after the daughter already received treatment.
Court: USDC Oregon, Judge: Aiken, Filed On: September 28, 2023, Case #: 6:20cv705, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Health Care, Insurance
J. Simon declines to dismiss the mother's negligence claim alleging that the substance abuse center was negligent in allowing her to sleep with her infant son, who was crushed to death by her weight as a result. The negligence claim can proceed because it is focused on the implementation of the center's policies and resource allocations, which are generally the subject of the discretionary function exception of the Federal Tort Claims Act that is significant in this case.
Court: USDC Oregon, Judge: Simon, Filed On: September 25, 2023, Case #: 3:21cv1525, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Negligence, Wrongful Death
J. Immergut finds in favor of the city against the medical marijuana dispensary owner's complaint alleging that the city and members of the city's Planning Commission wrongfully denied her conditional use permit to open the dispensary, as they claimed that it would violate an ordinance that doesn't allow such a business "within 1,000 feet of [a] public or private elementary, secondary or career school." The medical marijuana dispensary owner does not present a genuine issue of fact over whether her attempt to seek a license qualifies as engaging in expressive conduct, which would be protected under the First Amendment.
Court: USDC Oregon, Judge: Immergut, Filed On: September 22, 2023, Case #: 6:19cv1540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, First Amendment
J. Simon declines to dismiss the registered nurse's religious discrimination claim as part of her complaint alleging that the university denied her a religious exemption for the Covid-19 vaccine, eventually resulting in her termination. The university's arguments against the registered nurse's undue hardship claim must wait for summary judgment, because it is an affirmative defense that has yet to be proven or disproven.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:23cv77, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Simon dismisses the healthcare professionals' hostile work environment and wrongful termination claims alleging that the multispecialty group practice and others wrongfully denied them reasonable accommodations and exemptions from the Covid-19 vaccine mandate. The healthcare professionals allege that the group practice's staff made negative comments about the professionals' unvaccinated status, but an unvaccinated status may be a secular choice and the healthcare professionals do not sufficiently prove that it is a distinctly religious one.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:22cv986, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Simon dismisses the former employee's religious discrimination claim from her complaint alleging that the university denied her a religious exemption from the Covid-19 vaccine, leading to her termination. The former employee does not provide authority to support her argument that the university's process to evaluate religious exemptions is discriminatory or that it is intended to convince employees that their religious beliefs are insincere.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:22cv1250, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Simon reverses the insurance company's determination that the insured was not disabled as of March 25, 2020, which the insured claims resulted in the denial of her long-term disability benefits. The insured's test results show that her memory functioning was greatly impaired and the the Social Security Administration found the insured to be disabled, so the insurance company must reinstate the insured's benefits from March 25, 2020 through June 4, 2021, which is the remainder of the 24-month "own occupation" period of her long-term disability plan.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:21cv1019, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, Insurance
J. Aiken denies summary judgment to the mortgage company on the loanee's Oregon Unlawful Trade Practices Act claim in her complaint alleging that the mortgage company made a negative “lender paid expense adjustment," adding to her mortgage balance despite the loanee paying the deferred forbearance balance and having her loan suspended during the Covid-19 pandemic. It is undisputed that the loanee made payments to fully clear her forbearance balance but that it remained on her account after she made the payments, and the loanee establishes that she suffered damages because the forbearance amount on her loan stopped her from refinancing her loan before the interest rates rose beyond her current rate.
Court: USDC Oregon, Judge: Aiken, Filed On: September 18, 2023, Case #: 6:22cv178, NOS: Banks and Banking - Other Suits, Categories: Damages, Banking / Lending, Covid-19
J. Hernandez dismisses with leave to amend the resident owners' lawsuit alleging that the mortgage solutions company and US Bank misapplied the owners' mortgage payments and initiated on foreclosing their home without investigating the loan mishandling. The owners only assert two instances of the mortgage solutions company allegedly violating the Real Estate Settlement Procedures Act, one of which was just a failure to respond to a letter.
Court: USDC Oregon, Judge: Hernandez, Filed On: September 15, 2023, Case #: 3:22cv1911, NOS: Consumer Credit - Other Suits, Categories: Property, Foreclosure
J. You denies the distillery's motion to disqualify the shareholder's counsel in the shareholder's whistleblower and wrongful termination lawsuit. The distillery argues that the shareholder's counsel did not disclose that the shareholder had confidential emails from his time working for the distillery and that counsel improperly viewed those emails without a court order. However, the shareholder legally obtained the documents because the distillery's policy allowed him to transfer them to his personal account during him time as a CEO, and the distillery did not demand the documents back until this case's pending motions in 2023.
Court: USDC Oregon, Judge: You, Filed On: September 14, 2023, Case #: 3:20cv2182, NOS: Other Contract - Contract, Categories: Employment, Discovery, Contract
J. Hernandez denies the former employees' motion to strike allegations from the complaint, claiming they are statements made during settlement negotiations, from the outerwear company's lawsuit alleging the former employees downloaded numerous confidential documents from their work computers in violation of the non-competition provisions of their contracts. The former employees do not present enough evidence to clarify when the outerwear company made these allegations or when the negotiations began.
Court: USDC Oregon, Judge: Hernandez, Filed On: September 12, 2023, Case #: 3:23cv594, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Trade Secrets, Contract
J. Clarke finds in favor of the federal government for its claim that the county government office's 1943 contract and 1977 water permit do not allow it to make unauthorized water diversions from Klamath River, and that the water diversion limits the available habitat of the shortnose sucker and other local endangered species. Although the 1943 contract allows the county government office to take a maximum of 27,500 acre-feet of water per year under normal circumstances, there is a valid and legal exception during times of drought, such as what happened in 2022, meaning the county government office violated the terms of the contract.
Court: USDC Oregon, Judge: Clarke, Filed On: September 11, 2023, Case #: 1:22cv962, NOS: Other Contract - Contract, Categories: Environment, Water, Contract
J. Beckerman partially denies summary judgment to the transportation company against the bus operator's Family and Medical Leave Act and Oregon Family and Medical Leave Act claims as part of the bus operator's lawsuit alleging that the transportation company fired him for taking medical leave. There are genuine issues of material fact as the evidence suggests that a doctor never completed the necessary steps for the bus operator's driver's medical examination, the transportation company stopped the bus operator from returning to work and fired him despite the bus operator passing the only complete Department of Transportation (DOT) physical he had before his DOT card expired.
Court: USDC Oregon, Judge: Beckerman, Filed On: September 8, 2023, Case #: 3:21cv768, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Hernandez denies the city summary judgment regarding the driver's claim that the officer did not have probable cause to arrest him for stealing his own vehicle. The officer had reasonable suspicion to stop the driver based on his behavior, which included sitting on the car in an empty parking lot without approaching a nearby store, but there is a genuine dispute as to whether he believed that the driver committed or was about commit vehicle theft. It became an arrest when the officer asked the driver if he had stolen the vehicle without tempering his questions.
Court: USDC Oregon, Judge: Hernandez, Filed On: September 4, 2023, Case #: 3:22cv721, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Aiken finds in favor of the sheriff's office against the state police trooper's lawsuit alleging that the deputy sheriff and the deputy sheriff sergeant denied him due process when they wrongfully arrested him for driving under the influence. The deputy sheriff and the deputy sheriff sergeant had probable cause to arrest the state police trooper without a warrant based on their observations, such the trooper crashing his car on a flat stretch of paved road and then admitting to drinking alcohol earlier that day.
Court: USDC Oregon, Judge: Aiken, Filed On: August 31, 2023, Case #: 6:21cv1622, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process
J. Simon grants the former employee leave to file an amended complaint alleging that the food forming equipment manufacturer's supervisor pressured the former employee to leave quarantine, despite his hypercoagulable disorder putting him at greater risk of contracting Covid-19, which led to his termination. The former employee can add new allegations related to his claims, because he learned additional facts after the stay of discovery was lifted in January 2023, and adding these facts will not cause an undue burden against the manufacturer.
Court: USDC Oregon, Judge: Simon, Filed On: August 29, 2023, Case #: 3:21cv880, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Covid-19