507 results for 'court:"USDC Western District of Washington"'.
J. Lin denies the debt collection agency summary judgment against the patient's complaint alleging that the debt collection agency sought a default judgment for medical debt that the patient did not owe. The debt collection agency argues that the patient cannot establish an injury because the underlying default judgment against her cannot be vacated as a final judgment, but the debt collection agency does not provide a legal authority to support its argument.
Court: USDC Western District of Washington, Judge: Lin, Filed On: February 15, 2024, Case #: 2:22cv255, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Estudillo compels arbitration in the port's lawsuit seeking the enforcement of the arbitration award ordering the railway company to discontinue bringing unauthorized cars onto the port's property. Among other reasons, the arbitration is ambiguous because the panel's expectations and suggestions on what the railway company could do is not the same as concrete instructions, so judicial interpretation is inappropriate at this time.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: February 15, 2024, Case #: 3:23cv5560, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Arbitration, Property, Contract
J. Jones grants the consent decree between the nonprofit organization and the city regarding the former's complaint that the latter violated multiple provisions of its National Pollutant Discharge Elimination System permit. Among other stipulations, the city agrees to collect industrial stormwater samples, depending on weather patterns.
Court: USDC Western District of Washington, Judge: Jones, Filed On: February 15, 2024, Case #: 2:23cv756, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements, Water
J. Zilly defers the investors' proposed notices and claim form as part of their unopposed renewed motion for preliminary approval of a proposed settlement for their class action, which alleges that the pharma company made misleading claims about its registration statement. The investors and the pharma company are to craft a suitable opt-out form, which they will include with the notice to putative class members that is available for download from the settlement administrator's website.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: February 15, 2024, Case #: 2:21cv861, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Settlements, Securities, Class Action
J. Estudillo dismisses the homeowner's complaint alleging that the officer repeatedly punched the homeowner in the face while he was handcuffed to the point that he needed to go to the hospital for his injured eye, and then the officers arrested the homeowner once he left the hospital. Among other deficiencies, the homeowner recites his causes of action without specifying any actual policies, practices or customs that violated his rights during the police encounter.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: February 15, 2024, Case #: 3:23cv5782, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
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J. Evanson denies the insurance company's motion for summary judgment on the passenger's Insurance Fair Conduct Act claim in her lawsuit alleging that the insurance company must provide additional coverage related to an accident caused by another driver while she rode in a vehicle covered by the insurance company. Washington courts do not yet agree on whether an IFCA claim can survive if an insurer has paid to the policy limits, though two cases in Washington appellate courts are debating this topic.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: February 14, 2024, Case #: 2:22cv1561, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Coughenour grants the employee summary judgment on the categorization of the Achievement Based Compensation plan of her class action accusing Xerox of not paying the employee's overtime wages. Xerox disputing the ABC plan's proper categorization does not account for multiple prior court rulings, including those that qualify the employee and others as hourly employees, so the ABC plan cannot be categorized as anything other than hourly pay.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: February 13, 2024, Case #: 2:12cv717, NOS: Other Contract - Contract, Categories: Employment, Class Action, Contract
J. King denies the retail company's motion to compel arbitration in the customer's class action accusing the retail company of using fake time-limited discount offers. The retail company's arbitration clause contains a carveout provision for actions that seek injunctive relief, so the customer's suit falls outside the scope of the arbitration agreement. However, because a forum selection clause is also contained in the carveout provision, the parties must show cause within 21 days as to why the case should not be transferred to the Southern District of California.
Court: USDC Western District of Washington, Judge: King, Filed On: February 13, 2024, Case #: 2:23cv408, NOS: Other Contract - Contract, Categories: Arbitration, Class Action, Contract
J. Robart dismisses Amazon's false advertising claim accusing the listed seller of selling counterfeit Nite Ize STEELIE products on Amazon's platform by using both his own name and several pseudonyms. Amazon does not plausibly allege that the listed seller is liable under this claim, because Amazon does not allege that the listed seller made false statements in their commercial advertisements to influence consumers or to compete with Amazon.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 12, 2024, Case #: 2:19cv990, NOS: Trademark - Property Rights, Categories: Trademark, False Advertising
J. Cartwright partially grants the Connecticut insurance company summary judgment against the New York insurance company's complaint that it has no duty to defend a third party in an underlying lawsuit, even as the Connecticut insurance company argues that the New York insurance company does not have a claim to any defense cost reimbursement. Previous Washington courts found that insurers can share defense costs equally, and the New York insurance company does not have a right to claim reimbursements for its defense costs because it was obligated to do so concurrently with the Connecticut insurance company.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: February 9, 2024, Case #: 2:22cv1114, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. Pechman awards the insured $49,500 in attorney fees for their complaint that the insurance company wrongfully denied the minor rehabilitation services without a full and fair review. The insurance company's bad faith and culpability warrants attorney fees, because while the insurance company argues that it only needs to show that the insurance company had a reasonable basis to deny coverage to qualify as good faith, this argument misreads the court's order on cross-motions and relies on two inapplicable 9th Circuit cases.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 9, 2024, Case #: 2:22cv1517, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Attorney Fees
J. King finds in partial favor of the county against the gas company's complaint that the county stopped accepting the plant condensate, a byproduct of its landfill gas conversion process, resulting in the closure of the gas company's landfill gas processing plant. The gas company argues that the plant condensate eventually makes its way to Puget Sound so the gas company's operations are subject to a Clean Water Act permit, but the plant condensate goes through a complicated process before reaching Puget Sound without traveling through a non-point source like the groundwater in the cited "County of Maui" to navigable waters.
Court: USDC Western District of Washington, Judge: King, Filed On: February 9, 2024, Case #: 2:23cv542, NOS: Other Contract - Contract, Categories: Environment, Water, Contract
J. Robart grants the driver's motion to remand his complaint alleging that the insurance company must pay more than the offered $600,000 to settle their underlying lawsuit involving a car collision. The insurance company argues that its client's citizenship should be ignored because she is a nominal party or was fraudulently joined, but neither issue provides an exception to the one-year deadline for removal that the insurance company missed.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 7, 2024, Case #: 2:23cv1642, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Contract
J. Martinez finds in favor of the insurance company for its complaint alleging that it is not required to defend the construction company in an underlying lawsuit, in which a former employee claims that he was hurt while constructing a stormwater detention vault for a new residential subdivision. The residential construction exclusion of the policy applies, because the work at the center of the underlying lawsuit occurred on infrastructure in connection to residential construction as defined by the policy.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: February 2, 2024, Case #: 2:22cv1454, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Whitehead grants Microsoft leave to amend its invalidity contentions against 53 of the computer consulting company's 54 claims that Microsoft wrongfully uses the computer consulting company's patented technology connected to systems and techniques for archiving and restoring files within its file hosting service "Microsoft OneDrive." The computer consulting company will not face undue prejudice if Microsoft amends its invalidity contentions, because Microsoft did not act in bad faith and any alleged prejudice can be cured with an amended case schedule.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: February 2, 2024, Case #: 2:22cv1545, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Rothstein denies Expedia's motion to dismiss the Swiss federal government office's complaint that Expedia offered low hotel booking rates on Trivago, an internet hotel booking “metasearch” engine, so that it could bankrupt Amoma, an online hotel booking company organized under Swiss law. The Swiss office manages to salvage its claim because it sufficiently alleges that Amoma could not move to another advertising platform because Trivago had to give Amoma accurate data that would allow the latter to successfully adapt to the new system.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: February 1, 2024, Case #: 2:23cv983, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Pechman declines to dismiss the mental health service's complaint that two of its former therapists used the mental health service's trade secrets to form the mental health company. The mental health service sufficiently pleads a connection between its DTSA claim and interstate commerce claim, because it alleges that its clients paid for its services through interstate insurance plans such as Medicare while other clients came from outside Washington state, and one of the former therapists solicited many of these clients via email, which affects interstate commerce.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 1, 2024, Case #: 2:23cv1239, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Jurisdiction
J. Robart grants the aircraft manufacturer's motion to seal its Dec. 29, 2023 letter to the court in its lawsuit accusing Boeing of infringing on the aircraft manufacturer's hybrid-electric and electric aircraft technology. Boeing does not oppose this motion, which the aircraft manufacturer puts forth because its interrogatory responses "in part reflect Zunum’s confidential and proprietary business information and may reflect information Zunum learned from documents that Boeing produced in this litigation and designated confidential."
Court: USDC Western District of Washington, Judge: Robart, Filed On: January 31, 2024, Case #: 2:21cv896, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Lin declines to dismiss the British Isles publisher's complaint that the U.S.-based software company sold copies of the publisher's copyright-protected works, including "Fundamentals of Catholic Dogma" by Dr. Patrick Lynch originally published in 1955, and a revised English-language edition produced and published by the publisher in 2018. The publisher alleges sufficient facts to state a plausible infringement claim on the Lynch translation because in 1996, per the Uruguay Round Agreements Act and Irish copyright law, the U.S. copyright for the Lynch translation automatically went to Dr. Lynch and not Mercier Press as the software company argues.
Court: USDC Western District of Washington, Judge: Lin, Filed On: January 31, 2024, Case #: 2:22cv1635, NOS: Copyrights - Property Rights, Categories: Copyright, International Law
J. Bryan grants the insurance company summary judgment on its complaint that it has no duty to defend or indemnify the insureds in underlying lawsuits claiming that one of the insureds raped minors. Several policy exclusions apply, including intentional bodily injury, which includes the alleged intentional sexual abuse of minor children.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: January 31, 2024, Case #: 3:23cv5461, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. Lin dismisses the insurance company's claims under the Carmack Amendment to the Interstate Commerce Act accusing the freight forwarding company of directing BNSF Railway to transport the goods by train despite the contract stating the transport should be via truck. BNSF's train caught on fire and damaged the goods. The Carmack Amendment applies and preempts the insurance company's negligence and contract claims because one of the receiving entities in Washington where the goods departed was required to issue a separate Carmack-compliant bill of lading so that the goods could go to the intended arrival point of Ohio.
Court: USDC Western District of Washington, Judge: Lin, Filed On: January 31, 2024, Case #: 2:23cv621, NOS: Other Contract - Contract, Categories: Commerce, Insurance, Contract
J. Coughenour dismisses the shareholder's complaint alleging that Jeff Bezos and other current and former Amazon directors and officers stored customer data without the customer's knowledge, putting Amazon at risk of lawsuits. The shareholder's complaint does not allege that any director “received a material personal benefit from the alleged misconduct," nor does he present sufficient evidence to establish demand futility regarding most of the directors.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: January 30, 2024, Case #: 2:22cv559, NOS: Stockholders’ Suits - Contract, Categories: Fiduciary Duty, Class Action
J. Whitehead finds in favor of the city against the family's claim that the city's officers arrested the husband for violating a no-contact order involving the wife without probable cause. At the time of the arrest, the wife gave the city's officers information that would give them probable cause to make the arrest, as the wife initially said that the husband sent “manipulative, threatening and slander[ous]" messages.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: January 29, 2024, Case #: 3:22cv5554, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Restraining Order
J. Estudillo grants the inmate's motion for discovery for his complaint that the county and Wellpath did not accommodate his Celiac disease while he was in custody. The inmate seeks information about federal and state government funding, which is not privileged information, and a protective order can deal with any alleged trade secrets that may come up.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: January 29, 2024, Case #: 3:20cv6106, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Discovery, Prisoners' Rights
J. Coughenour denies the technology company summary judgment for its warranty claim in its lawsuit alleging that the trading company produced and sold chicken with bones instead of the agreed-upon boneless chicken, putting customer safety at risk. The technology company and the trading company offer conflicting evidence on whether the product qualifies as "breast trim," and a reasonable jury could believe either argument.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: January 29, 2024, Case #: 2:22cv296, NOS: Contract Product Liability - Contract, Categories: Product Liability, Warranty, Contract