425 results for 'court:"USDC Eastern District of California"'.
J. Shubb denies, in part, a transport officer’s motion for summary judgment on the parents’ civil rights claims arising from the shooting death of their son. It is unclear whether the officer is entitled to immunity, as there are questions of fact whether the decedent was turning to flee at the time he was shot.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: February 7, 2024, Case #: 2:22cv841, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Barnes recommends refusing to find for an electricity generator on a county’s claims arising from the Slater Fire, which was caused when a tree fell into the generator’s powerlines and resulted in multiple injuries and deaths. The county has sufficiently alleged the generator knew there was an extreme fire risk but did not deenergize its powerlines, despite acknowledging in a wildfire mitigation plan that deenergization was key to preventing wildfires.
Court: USDC Eastern District of California, Judge: Barnes, Filed On: February 6, 2024, Case #: 2:22cv1582, NOS: Torts to Land - Real Property, Categories: Energy, Indemnification
J. Oberto grants $11,000 in attorney fees following a settlement of his Americans with Disabilities Act claims. Although the hourly rates are reasonable, the lodestar amount was reduced by 50 percent due, in part, to redundant and inefficient work performed.
Court: USDC Eastern District of California, Judge: Oberto, Filed On: February 6, 2024, Case #: 1:22cv319, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Attorney Fees
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J. Shubb denies, in part, a landscape company’s motion to dismiss as preempted a worker’s wage claims. The worker's indemnification for uniform expenses, and minimum wage and unfair competition claims are not preempted by the Labor Management Relations Act.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: February 1, 2024, Case #: 2:23cv2734, NOS: Labor/Management Relations - Labor, Categories: Preemption, Indemnification, Labor
J. Delaney recommends granting, in part, an individual’s Telephone Consumer Protection Act claims against a realty company. He sufficiently shows the calls at issue were made in violation of the Act and is entitled to $3,000 in statutory damages.
Court: USDC Eastern District of California, Judge: Delaney, Filed On: February 1, 2024, Case #: 2:22cv1886, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Damages, Consumer Law
J. McAuliffe denies, in part, an individual’s motion to strike trader Markus Heitkoetter’s action against him under California’s Anti-SLAPP law. The commercial speech exemption applies to the videos at issue, which the individual posted on YouTube.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: January 29, 2024, Case #: 1:22cv368, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Anti-slapp, Defamation
J. Shubb finds for a life insurance company on a widow’s ERISA claims arising from the denial of accidental death benefits when her husband, who was employed by a grocery store chain and was learning to fly allegedly store-owned aircraft, died following a fatal crash. The company's policy included an aircraft exclusion that applied to the decedent, as he was considered part of the crew, rather than a passenger, at the time of the accident.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: January 26, 2024, Case #: 2:23cv919, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Insurance
J. Mueller dismisses the state’s action against a tribal company and tribal officers seeking damages and penalties for their alleged trafficking in contraband cigarettes. The state fails to show the cigarettes at issue are contraband, as it does not allege they have shipped, transported, received, possessed, bought or sold them.
Court: USDC Eastern District of California, Judge: Mueller, Filed On: January 24, 2024, Case #: 2:23cv743, NOS: Other Statutory Actions - Other Suits, Categories: Damages, Racketeering
J. Grosjean recommends granting, in part, a solar company’s motion for default judgment in its trademark infringement case against a solar business owner. The owner failed to respond to the complaint, and the solar company has sufficiently alleged he infringed its marks.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: January 23, 2024, Case #: 1:22cv999, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
J. Grosjean recommends granting default judgment and awarding $515,000 to a finance company on its fraud and contract action against an individual. The individual failed to respond to the motion or make an appearance, and the company sufficiently alleges its claims.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: January 19, 2024, Case #: 1:23cv117 , NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Banking / Lending, Contract