212 results for 'court:"USDC Nevada"'.
J. Gordon grants the special ed children's motion to strike certain exhibits attached to the school district's reply brief in this civil rights suit alleging that a teacher physically and sexually abused them. A summary judgment reply brief is limited to 20 pages under local rule, and argument cannot be included in an exhibit to evade the limit. The exhibits (charts) list hearsay and relevancy objections, arguing also that the facts in the response brief are not supported by cited evidence. These arguments should have been in the reply brief. Certain of the school district's motions for summary judgment are granted, regarding claims centered around handholding and failure to train. Other claims regarding hearsay are allowed to proceed, as the children could testify at trial.
Court: USDC Nevada, Judge: Gordon , Filed On: September 14, 2023, Case #: 2:21cv218, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Evidence
J. Jones enters a second amended judgment, altered to reflect a total damages award of $690,852, in favor of the family in this breach of contract action alleging that the company lost money in spite of short-term bridge loans it had received. The company was extensively involved in a pattern of making false representations to the family and other lenders to induce them into believing that it was profitable. The company engaged in this pattern with malice, making punitive damages necessary.
Court: USDC Nevada, Judge: Jones , Filed On: September 12, 2023, Case #: 3:19cv520, NOS: Other Contract - Contract, Categories: Fraud, Damages, Contract
J. Jones grants the software company's motions for summary judgement in this patent infringement suit brought by the internet business applications consulting company regarding a user interface and mobile application. There is no genuine dispute of material fact, and no infringement is found. The "limited relevant objective evidence of non-obviousness unrelated to the accused product is insufficient to overcome the strong case of obviousness."
Court: USDC Nevada, Judge: Jones , Filed On: September 12, 2023, Case #: 3:13cv628, NOS: Patent - Property Rights, Categories: Evidence, Patent
J. Hicks dismisses this suit brought by shareholders regarding an oral contract between the corporation's board of directors that contemplated one of the director’s positions and a future stock option purchase. The claims are against the corporation’s directors, though they are masked as claims against individuals, and the corporation's certificate of incorporation contains a forum selection clause that requires the claims to be litigated in Delaware’s Court of Chancery. The shareholder fails to state a claim for relief because he does not allege facts establishing that the parties validly formed an enforceable contract.
Court: USDC Nevada, Judge: Hicks, Filed On: September 11, 2023, Case #: 3:23cv39, NOS: Stockholders’ Suits - Contract, Categories: Securities, Venue, Contract
J. Jones grants the professor and thesis advisor’s motion to dismiss this suit brought by his Chinese master’s degree student who alleges that he subjected her to a sex trafficking scheme due to her complete reliance upon him to maintain her student status in the United States. The student alleges that the professor first forced her to watch his children, eventually “[raping] and abus[ing her] sexually and emotionally,” because he knew that she could not speak up due to her reliance upon him to stay in the U.S. The student fails to allege sufficient facts. The professor’s alleged conduct does not meet the legal standard for forced labor and sex trafficking.
Court: USDC Nevada, Judge: Jones, Filed On: September 9, 2023, Case #: 3:21cv458, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Immigration, Civil Extortion
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J. Gordon dismisses the federal claims with leave to amend, alleging First, Fourth, Fifth and Fourteenth Amendment violations, brought by the family of a 12-year-old child who was killed in a hostage situation. No federal constitutional violation has been plausibly alleged. State law claims, including negligence, negligent and intentional infliction of emotional distress, wrongful death and negligent supervision and training are not addressed. The family may file an amended complaint curing deficiencies, otherwise the case will be dismissed without prejudice to the state law claims brought in state court.
Court: USDC Nevada, Judge: Gordon, Filed On: September 6, 2023, Case #: 2:22cv1786, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Negligence, Wrongful Death
J. Navarro denies the trader's motion to dismiss this suit alleging that he perpetrated a scheme involving "spoof" orders for gold and silver futures contracts on the commodity exchange business in order to manipulate the market. The CFTC's allegations provide sufficient factual context to render a finding of scienter plausible. The complaint alleges many facts that, taken together and accepted as true, demonstrate the trader's intent or, at least, recklessness.
Court: USDC Nevada, Judge: Navarro , Filed On: September 5, 2023, Case #: 2:22cv1258, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Agency
J. Mahan grants the health supplement company's motion to dismiss this trade dress infringement suit brought on allegations that it sells supplements packaged similarly to the other supplement company's product in an effort to capitalize on its “popularity.” The other supplement company fails to establish priority of use. It does not allege when its trade dress allegedly became famous, and there are no allegations that it was so before defendant allegedly began infringing and diluting it.
Court: USDC Nevada, Judge: Mahan , Filed On: September 5, 2023, Case #: 2:23cv186, NOS: Trademark - Property Rights, Categories: Trademark, Business Practices
J. Silva affirms the Bankruptcy Court's finding that the business owner owed the investment company a non-dischargeable debt as being a product of the fraudulent concealment of information on loans. Investors testified that they would not have made investments had they been apprised of the "loose way" in which the owner was operating his business. The owner says that such evidence is not “loan specific” without citing any case law and the Bankruptcy Court’s findings are “plausible in light of the record viewed in its entirety” by application of the clear error standard.
Court: USDC Nevada, Judge: Silva , Filed On: September 1, 2023, Case #: 2:19cv649, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Business Practices, Banking / Lending
J. Gordon grants the insurer’s motion to dismiss aspects of this insurance dispute brought by a truck driver who was injured in an accident caused by an unknown party. The driver brings a variety of claims against his company's insurance provider, including breach of contract, fraud and civil conspiracy. Certain allegations of intentional misrepresentation and conspiracy do not identify whether or not the provider or its parent company made the alleged representations, when, or how the representations were communicated. Also, a parent company cannot conspire with its subsidiary and a company generally cannot conspire with its own employees. Breach of contract claims will be allowed to proceed. The precise relationship between the involved entities is unclear from the policy, the complaint’s allegations and representations made by the companies, and it is premature to conclude that the driver cannot state a claim. He is given leave to amend.
Court: USDC Nevada, Judge: Gordon, Filed On: August 31, 2023, Case #: 2:22cv1974, NOS: Insurance - Contract, Categories: Insurance, Business Practices, Contract
J. Hicks grants the government’s cross motion for summary judgment in this suit alleging that it violated the National Environmental Policy Act in assessing that its approach to predator damage management in wilderness areas in Nevada with historic grazing allotments would not have a significant environmental impact. The advocacy group’s extra-record declaration contains elaborations of topics thoroughly addressed in the government’s environmental assessment as well as information not presented during the comment period. It does not raise any new subject matter and does not show that the agency, as alleged, overlooked a relevant subject matter. The declaration does not qualify for a “relevant factors” exception.
Court: USDC Nevada, Judge: Hicks, Filed On: August 28, 2023, Case #: 3:21cv508, NOS: Environmental Matters - Other Suits, Categories: Environment, Government
J. Hicks denies the home health provider's motion to dismiss this suit involving misappropriation of trade secrets and breach of contract claims stemming from former employees' alleged conspiracy to open a home health business using the service's trade secrets and confidential business information. The service has plausibly pleaded the employees disrupted some of its pre-existing contracts with employees and contractors, and has adequately pleaded damages such as lost profits and lost benefits from the interrupted contracts.
Court: USDC Nevada, Judge: Hicks , Filed On: August 25, 2023, Case #: 3:22cv333, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Health Care, Trade Secrets, Contract
J. Mahan grants the masonry marketing firm’s motion for summary judgment in this dispute arising from an alleged breach of contract brought by the masonry manufacturer. The manufacturer alleges the marketer solicited the manufacturer’s customers and claimed he was still working with the manufacturer when bidding for a contract with the Orlando Airport after the agreement was rescinded. The plain language of the agreement states that the marketer is free to perform other services for other parties and does not contain any provision restricting competition.
Court: USDC Nevada, Judge: Mahan, Filed On: August 23, 2023, Case #: 2:19cv2213, NOS: Other Contract - Contract, Categories: Trade Secrets, Business Practices, Contract
J. Jones denies the charter company’s motions for a temporary restraining order and preliminary injunction preventing the Nevada Transportation Authority from exercising jurisdiction over its operations. The charter company owns a bus line that operates an interstate charter service in multiple states, including Nevada. It says that the authority “declared war” after issuing multiple citations which culminated in a vehicle being impounded due to noncompliance. “In actuality, the NTA went about its business as a regulator.” It dealt with the company’s inability to follow regulations for two years before acting, giving every opportunity to comply.
Court: USDC Nevada, Judge: Jones, Filed On: August 17, 2023, Case #: 3:23cv219, NOS: Constitutionality of State Statutes - Other Suits, Categories: Transportation, Agency, Injunction
J. Navarro grants Lowes’ motion for summary judgment in this personal injury suit brought by the disabled veteran onto whom several wooden panels fell as he moved them to inspect their condition. An employee who left the veteran to inspect the panels himself told him that he would return after helping another customer. The veteran’s injuries were not caused by the action of any Lowe’s employee, and he fails to establish that a genuine issue of material fact exists.
Court: USDC Nevada, Judge: Navarro, Filed On: August 15, 2023, Case #: 2:20cv773, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Premises Liability
J. Du denies the software support company’s motion to stay an injunction entered against it pursuant to the court’s prior finding in favor of Oracle in its suit alleging the support company copied Oracle’s enterprise software into and from development environments for its own clients. The support company is unlikely to prevail on the merits and its arguments invoking free speech are unpersuasive. The district court, though, will temporarily stay its injunction until the Ninth Circuit resolves the motion to stay which the support company intends to file there because the injunction does impose 60 days to certify compliance due to the amounts of code involved.
Court: USDC Nevada, Judge: Du, Filed On: August 15, 2023, Case #: 2:14cv1699, NOS: Copyrights - Property Rights, Categories: Copyright, Unfair Competition, Technology
J. Traum dismisses the city employee’s suit alleging that the city failed to take action to stop the spreading of rumors of his inappropriate sexual relations with underage women, his embezzling money from a local business and his receiving improperly approved police overtime. The employee fails to plead an adverse employment action under the cited title of the Civil Rights Act and does not make a prima facie case of retaliation. Claims regarding the employee’s right to exercise his religion are mostly subjective and do not rise to a substantial burden on his exercise of religion. Any further amendment would be futile.
Court: USDC Nevada, Judge: Traum, Filed On: August 14, 2023, Case #: 2:21cv1946, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Retaliation
J. Dorsey enters final judgment on claims of negligent misrepresentation in favor of a merchant services provider who retained a payment processing firm that failed to transition to the latest chip authenticator technology as promised. The court bases its decision on the testimony of five witnesses and “voluminous exhibits” proving that the payment processor negligently misrepresented that it would have a software solution by a compliance deadline. Judgment is entered in favor of the payment processor on all other claims, and the merchant services provider is awarded $1 because the processor's action arose from bad business practices rather than an intent to injure or out of conscious disregard.
Court: USDC Nevada, Judge: Dorsey, Filed On: August 11, 2023, Case #: 2:18cv394, NOS: Other Contract - Contract, Categories: Fraud, Business Practices, Technology
J. Traum grants a student’s motion for summary judgment in this suit seeking review of the Nevada Department of Education’s decision upholding the district’s decision to exit the student from special education services. The district was on notice that the category of health impairment other than orthopedic impairment was a category of suspected disability. The district violated the Individuals with Disabilities Education Act, failing to properly consider health impairment. A preponderance of the evidence shows that the student was eligible for special education services.
Court: USDC Nevada, Judge: Traum, Filed On: August 11, 2023, Case #: 3:21cv242, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Du grants the death row inmate’s petition for a writ of habeas corpus on grounds of ineffective assistance. The court finds that supplemental mitigation evidence about his childhood upbringing, which was readily available had trial counsel investigated, portrayed defendant’s background as being filled with abuse, sexual abuse, encouraged drug use and neglect. This ground for granting the petition is substantial, and defendant has demonstrated cause and prejudice. A certificate of appealability is granted as to other grounds and defendant’s death sentence is vacated.
Court: USDC Nevada, Judge: Du, Filed On: August 11, 2023, Case #: 2:99cv360, NOS: Death Penalty - Habeas Corpus, Categories: Death Penalty, Habeas, Murder
J. Boulware grants the former UFC fighters’ motion to certify class as to actively competing fighters in their suit over the UFC’s dominance in mixed martial arts, allegedly because of anticompetitive behavior. The class contains over 1,200 members residing throughout the United States, making joinder impractical, and satisfying numerosity. All factors have been established for class certification, such as commonality, being that predominance has been established.
Court: USDC Nevada, Judge: Boulware, Filed On: August 9, 2023, Case #: 2:15cv1045, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action, Contract
J. Traum grants a union’s motion for summary judgment in this suit brought by the former flight attendant on claims of discrimination and coercion under the Railway Labor Act after his bidding privileges for work schedule and vacation were suspended due to nonpayment of union dues or agency fees. Under the Act, unions have a statutory duty to represent nonmembers and members equally and may require payment of dues or fees as a condition of employment and may uniformly impose seniority-related penalties for nonpayment.
Court: USDC Nevada, Judge: Traum, Filed On: August 9, 2023, Case #: 2:20cv437, NOS: Other Labor Litigation - Labor, Categories: Employment Retaliation, Labor / Unions
J. Gordon grants the county’s motion for summary judgment on all claims alleging discriminatory treatment based on sexual orientation brought by the county’s director of planning. The director cannot show he suffered an adverse employment action as he is still on the job without a change in compensation. If allegations were true that the supervisor subjected the director to harsh, unfounded criticism in an attempt to get him fired, it resulted in no changes to the terms and conditions of the director’s employment. The director has also not identified a similarly situated employee who was treated differently.
Court: USDC Nevada, Judge: Gordon, Filed On: August 8, 2023, Case #: 2:21cv1312, NOS: Civil Rights - Habeas Corpus, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Silva grants the trust’s motion for leave to amend in this class action against the Las Vegas Sands Corporation, some of its directors and executive officers, brought on allegations of misrepresentation and omissions made regarding sales of its securities. The trust fails to state a claim for certain years of the alleged class period. As amendment would not be futile, the claims are dismissed in part, but with leave to amend.
Court: USDC Nevada, Judge: Silva, Filed On: August 8, 2023, Case #: 2:20cv1958, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Trusts, Contract
J. Silva denies the foundation’s motion for summary judgment in this dispute over royalties for intellectual property assigned to it by the pharmaceutical company as to its proprietary anesthetic. There is a genuine dispute over royalties owed on the product manufactured, as it is unclear whether the patent that the pharmaceutical company uses to manufacture the product is “related to” the patent that the foundation previously assigned to it.
Court: USDC Nevada, Judge: Silva, Filed On: August 8, 2023, Case #: 2:21cv2241, NOS: Other Contract - Contract, Categories: Health Care, Contract, Technology
J. Traum denies Johnson & Johnson’s motion for summary judgment in this suit seeking damages for injuries sustained following surgical implantation of a pelvic mesh product as to the patient’s failure to warn liability claim. A genuine issue of fact exists as to whether the physicians would have changed their decision to recommend the product had adequate warnings been provided. Summary judgment is granted as to defective product and unjust enrichment claims as the patient consents to withdraw them.
Court: USDC Nevada, Judge: Traum, Filed On: August 1, 2023, Case #: 2:20cv1984, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability
J. Jones grants the district court’s motion to dismiss this suit brought by the wife seeking to improperly enjoin state court divorce proceedings that have been ongoing for four years. The suit was brought against the presiding state court judge seeking federal intervention and declaratory and injunctive relief under the Americans with Disabilities Act, and requests that the divorce be removed to federal court since the state court could not accommodate the wife by executing proceedings entirely on Zoom as requested by her non-attorney advocate. The complaint is frivolous, brought in bad faith and fails to state a claim. This court lacks also jurisdiction over claims under the argued abstention doctrines.
Court: USDC Nevada, Judge: Jones, Filed On: July 31, 2023, Case #: 3:23cv324, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Family Law, Judiciary
J. Albregts grants the synthetic urine laboratory’s motion to compel production of the investment group’s synthetic urine ingredients in this patent infringement suit. The investment group did not previously list its ingredients as specifically as possible and did not list every step in the manufacturing process. The discovery request is relevant and proportional, not unduly burdensome or duplicative of information already provided.
Court: USDC Nevada, Judge: Albregts, Filed On: July 28, 2023, Case #: 2:22cv158, NOS: Patent - Property Rights, Categories: Patent, Discovery, Technology
J. Gordon grants North Las Vegas’s motion for summary judgment in part in this race discrimination suit brought by a Black police officer. He claims he was transferred from his job in recruiting and denied subsequent promotions because he is Black, though he offers only conclusory statements that non-Black officers received preferential treatment with respect to the same. Events surrounding his removal from a 19-year honor guard service, including the effect of an excused leave, could lead a reasonable jury to find that the city’s proffered reasons for removal are pretextual.
Court: USDC Nevada, Judge: Gordon, Filed On: July 28, 2023, Case #: 2:21cv1505, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment Discrimination
J. Silva recommends the case proceed to settlement, brought against county employees by two minor children who suffered severe injuries while in the care of their former foster parents. Evidence presented shows the social worker’s carelessness when inspecting a one-year-old child in the custody of a foster parent subject to multiple complaints and allegations of abuse, and that a reasonable jury could conclude that the children's constitutional right to substantive due process was violated. If no settlement is reached, the case will proceed to trial.
Court: USDC Nevada, Judge: Silva , Filed On: July 27, 2023, Case #: 2:20cv103, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Family Law, Guardianship