195 results for 'court:"USDC Oregon"'.
J. Immergut denies the university's motion to dismiss the registered nurse's Title VII claim in her lawsuit alleging that the university denied her a religious exemption from the Covid-19 vaccine mandate, which led to her termination from the hospital's mother and baby unit. The hospital does not sufficiently argue how allowing the registered nurse a religious exemption would have created an undue hardship for the hospital, as the registered nurse counters that the hospital could have taken measures to prevent her from contracting or spreading Covid-19, and that reducing the number of available staff is what caused undue hardship.
Court: USDC Oregon, Judge: Immergut, Filed On: August 28, 2023, Case #: 3:22cv1942, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Hernandez denies the manufacturer's motion to disqualify Perkins Coie from representing the semiconductor corporation in the manufacturer's lawsuit, which alleges that the semiconductor corporation's products infringe on the manufacturer's patent. The manufacturer claims that Perkins Coie has a conflict of interest because it worked with the manufacturer three times as a prospective client, with the most recent interaction being in December 2021, but the evidence suggests that none of the meetings discussed the manufacturer's technology in detail or contained information relevant to this case.
Court: USDC Oregon, Judge: Hernandez, Filed On: August 25, 2023, Case #: 3:23cv113, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Hernandez grants judgment to the hospital against the former registered nurse's claim that the hospital wrongfully refused to pay her full retirement benefits due to the hospital's inaccurate time-keeping in 1996, 2000 and 2001. The hospital's decision that the former registered nurse did not complete 1,000 hours per the terms of the retirement plan for those years was not arbitrary, because its decision was supported by the former registered nurse's time records and her statements that she frequently volunteered low census hours so other nurses did not have to take mandatory low census hours.
Court: USDC Oregon, Judge: Hernandez, Filed On: August 22, 2023, Case #: 3:22cv1208, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa
J. Rice grants summary judgment to the government for its claim that the prosser farmer knowingly presented fraudulent payment claims for reinsurance by the USDA to RCIS for the 2015 crop year indemnity payments under his insurance policy. The evidence shows that the prosser farmer sold his personal wheat with the company's wheat despite claiming the opposite, among other provable falsehoods. The prosser farmer and the company are jointly and severally liable to the government for $541,200.
Court: USDC Oregon, Judge: Rice, Filed On: August 21, 2023, Case #: 1:21cv3126, NOS: False Claims Act - Torts - Personal Injury, Categories: Evidence, Insurance, False Claims
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J. Immergut dismisses the locksmith's claim that the hospital wrongfully fired him for not receiving the Covid-19 vaccine. The hospital properly raises a statute of limitations defense, because the "EEOC Right to Sue" letter was issued on Jul. 8, 2022, and the locksmith likely received the letter on Jul. 11, 2022, but did not file within 90 days of the receiving deadline.
Court: USDC Oregon, Judge: Immergut, Filed On: August 15, 2023, Case #: 3:22cv1619, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Aiken finds in favor of the New Jersey insurance company against the Ohio insurance corporation's claim that the New Jersey insurer must cover damages in an underlying contract lawsuit involving the parties' mutual insured. The underlying lawsuit does not allege any bodily injury to tangible property or the loss of use of tangible property that would trigger coverage from the New Jersey insurer's policy.
Court: USDC Oregon, Judge: Aiken, Filed On: August 11, 2023, Case #: 6:20cv2145, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Clark affirms the state government department's July 2023 orders denying stays regarding the property owners' claim that the water diversions from the Upper Klamath Lake (UKL) would not have caused substantial harm to the Klamath Tribe. Diverting the water from UKL as the property owners intended would have brought UKL to lake levels that would leave the tribe's water rights unfulfilled, which qualifies as substantial harm because that would deprive the tribe, fish listed under the Endangered Species Act, and senior appropriators of the necessary water.
Court: USDC Oregon, Judge: Clarke, Filed On: August 9, 2023, Case #: 1:23cv930, NOS: Other Statutory Actions - Other Suits, Categories: Environment, Native Americans, Water
J. Hernandez finds in favor of Jack in the Box against the employees' meal break claims. Prior to June 1, 2010, Oregon law did not require employers like Jack in the Box to pay employees for a 30-minute meal period if an employer called its employees back to work before 30 minutes, which is what happened in this case.
Court: USDC Oregon, Judge: Hernandez, Filed On: August 8, 2023, Case #: 3:14cv1092, NOS: Employment - Civil Rights, Categories: Employment, Labor
J. Aiken finds in favor of the door supplier on the truck driver's claim that during the unloading of the door supplier's windows from his truck, the stack shifted, struck the truck driver on the head and knocked him to the ground, at which point more windows fell on him. While the door supplier did control how the stacks were loaded and secured onto the truck, it did not negligently cause the truck driver's injuries because it was not in charge of the transporting or unloading processes. This responsibility fell on the truck driver and his employer.
Court: USDC Oregon, Judge: Aiken, Filed On: August 7, 2023, Case #: 6:20cv1030, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Negligence
J. McShane finds in favor of the U.S. Forest Service on the environmental organization's complaint alleging that the government agency's three commercial logging projects - which authorize commercial tree thinning of between 3,000 and 16,000 acres of the Fremont-Winema National Forest - do not qualify for the CE-6 exclusion of the National Environmental Policy Act. The CE-6 exclusion does apply, because the projects are meant to improve timber stand and wildlife habitat through thinning and prescribed burning, and the Forest Service explained how the conifer trees' overpopulation and encroachment will negatively impact other desirable tree species and wildlife habitats without thinning.
Court: USDC Oregon, Judge: McShane, Filed On: August 4, 2023, Case #: 1:22cv1007, NOS: Environmental Matters - Other Suits, Categories: Environment, Government
J. Nelson grants the disaster recovery corporation a temporary restraining order against its former employees in a trade secrets lawsuit. The corporation shows a likelihood of irreparable harm because the alleged actions of the former employees caused a mass resignation of employees from the corporation, which in turn has impacted ongoing projects and has led to discontent customers.
Court: USDC Oregon, Judge: Nelson, Filed On: August 3, 2023, Case #: 3:23cv1004, NOS: Other Contract - Contract, Categories: Fraud, Trade Secrets, Restraining Order
J. Immergut dismisses the former assistant facilities manager's fraud claim alleging that the environmental consultant wrongfully fired him after violating their employment contract, which stipulated that the manager could work remotely during the Covid-19 pandemic. The former manager does not sufficiently allege that the supervisor knew that her representation regarding remote employment was false.
Court: USDC Oregon, Judge: Immergut, Filed On: August 3, 2023, Case #: 3:22cv992, NOS: Other Fraud - Torts - Personal Property, Categories: Employment, Fraud, Covid-19
J. Beckerman finds in favor of the employees on their Fair Labor Standards Act claims, which allege that the automobile dealership owners did not pay the employees and the collective members minimum wages and overtime. The dealership owners do not present evidence that adequately explains what they did to pay the employees after the regular payday or to show that they issued a notice that they complied with the FLSA.
Court: USDC Oregon, Judge: Beckerman, Filed On: July 25, 2023, Case #: 3:18cv372, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Evidence, Labor
J. Hernandez dismisses the consumer's claim that JPMorgan closed and restricted her accounts based on allegedly unexpected activity on her account from Croatia, which the consumer claims JPMorgan knew was the occasional wire transfer to her family in Croatia. The consumer's national origin discrimination claim fails because she relies on circumstantial evidence that JPMorgan knew about the nature of her wire transfers, but she does not point to direct evidence such as slurs or that JPMorgan ever alluded to her national origin.
Court: USDC Oregon, Judge: Hernandez, Filed On: July 20, 2023, Case #: 3:23cv2, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Contract
J. Nelson enjoins the bank and the loan services corporation from directly or indirectly taking actions to advance a non-judicial sale of the property owner's property. The property owner will suffer irreparable harm without a preliminary injunction because although she would not lose a monetary interest in the property through foreclosure, "she would lose the opportunity to litigate the merits of her claim because a foreclosure sale would render this action moot."
Court: USDC Oregon, Judge: Nelson, Filed On: July 19, 2023, Case #: 3:23cv877, NOS: Foreclosure - Real Property, Categories: Property, Foreclosure, Injunction
J. McShane finds in favor of Oregon State Senator Brian Boquist for his complaint alleging that the Senate leadership retaliated against his exercise of free speech rights. After stating during a June 2019 speech on the Senate floor that, if the Senate leader is going to send the police for him, “Hell’s coming to visit you personally,” Boquist was told he would have to provide 12-hour advance notice in writing when he planned to go to the capitol building. Boquist’s comments were hyperbolic and said in “a highly charged political environment.” The statements did not constitute a true threat and the imposition of the 12-hour rule infringed on his rights.
Court: USDC Oregon, Judge: McShane, Filed On: July 17, 2023, Case #: 6:19cv1163, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, First Amendment
J. Aiken grants preliminary approval of a $7.35 million settlement in the hourly employees' class action accusing the health care company of unlawfully time-rounding the employees' work hours to pay them less. The net settlement fund amounts to approximately 54% of the employees' allegedly lost wages. Class members' settlement payments will be calculated proportionally based on each member's net time clock calculation.
Court: USDC Oregon, Judge: Aiken, Filed On: July 17, 2023, Case #: 6:21cv825, NOS: Other Labor Litigation - Labor, Categories: Employment, Settlements, Class Action
J. Immergut finds that a new Oregon law restricting gun use and purchases is constitutional. The gun groups "have not shown that the Second Amendment protects large-capacity magazines, defined as magazines capable of firing 11 or more rounds without reloading." Furthermore, the state's requirement that firearm purchasers obtain a permit that includes the completion of a background check "is consistent with the type of regulations that the U.S. Supreme Court has deemed constitutional."
Court: USDC Oregon, Judge: Immergut, Filed On: July 14, 2023, Case #: 2:22cv1815, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Firearms
J. Hernandez partially denies the digital experience company founder's motion to compel information about the computer consultant founder's use of certain disputed emails for the latter's claim that the former wrongfully took the computer consultant's customers. The work product doctrine protects the computer consultant founder's pre-litigation use of the disputed emails because he could not have anticipated that his use of those emails would be relevant to the lawsuit before the complaint was filed.
Court: USDC Oregon, Judge: Hernandez, Filed On: July 5, 2023, Case #: 3:21cv621, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Discovery
J. Simon finds in favor of the semiconductor supplier for the shareholders' negligence-based claims alleging that the supplier did not properly inform the shareholders about the export-controlled status of integrated circuits, particularly two models that Canadian border authorities seized in December 2008 due to lack of a proper exporting license. The shareholders did not raise a genuine issue of material fact on whether the semiconductor supplier owed them a duty under the United States' Export Administration Regulations to protect them from the alleged harm, as the shareholders previously and repeatedly stated that the EAR does not apply to them, so they cannot use it in their argument now to avoid summary judgment.
Court: USDC Oregon, Judge: Simon, Filed On: July 5, 2023, Case #: 3:19cv86, NOS: Other Statutory Actions - Other Suits, Categories: Trademark, Consumer Law
J. Hernandez grants the Illinois insurance company's supplemental motion for summary judgment regarding its claim that the California insurance company must contribute 74.6% of defense costs for McKay Investments Company's liability policy regarding a 2009 faced enforcement action, which is related to pollution from a former dry cleaner at a property McKay owned. The California insurance company's argument that the Illinois insurance company is not entitled to equitable contribution because the cost-sharing agreement covers rights and obligations for past payments is invalid, because both parties agreed that this settlement agreement was interim and could be renegotiated.
Court: USDC Oregon, Judge: Hernandez, Filed On: July 3, 2023, Case #: 3:21cv266, NOS: Insurance - Contract, Categories: Environment, Insurance, Settlements
J. Beckerman denies partial summary judgment to the insurance company for the insured's claim that the company must provide coverage for injuries the insured sustained from an accident with an uninsured motorist. The insured's negligence per se claim does not fail as a matter of law because the case that the insurance company relies on for its argument against the claim does not apply.
Court: USDC Oregon, Judge: Beckerman, Filed On: June 30, 2023, Case #: 3:22cv1216, NOS: Insurance - Contract, Categories: Insurance, Negligence
J. Aiken denies summary judgment to the sheriff's office for the deputy sheriff's claim that it fired her for opposing the office's practice of subjecting its female employees to mandatory overtime more often than its male employees. The deputy sheriff plausibly alleges that she and other female employees suffered injury under the office's gender discriminatory conduct, as being at greater risk of falling under mandatory overtime with less predictable circumstances harms morale.
Court: USDC Oregon, Judge: Aiken, Filed On: June 28, 2023, Case #: 6:20cv1440, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Simon finds in favor of the customer for his Unlawful Trade Practices Act claim against the car shop as part of the customer's lawsuit alleging that the car shop and its owners did not repair his Mustang and instead made it unsafe to drive. The car shop made untrue statements about the status and quality of restoration services on the customer's Mustang and the material defects of the vehicle's delivery, so the customer is entitled to $53,500 in economic damages.
Court: USDC Oregon, Judge: Simon, Filed On: June 28, 2023, Case #: 3:22cv1387, NOS: Other Contract - Contract, Categories: Negligence, Contract, Racketeering
J. Immergut declines to dismiss the company member's claim that the public accountant falsified the company member's tax records, causing years of audits. The company member sufficiently supports his breach of contract claim because he alleges the existence of four relevant tax preparation services contracts between himself and the public accountant, the relevant contract terms and the alleged breach.
Court: USDC Oregon, Judge: Immergut, Filed On: June 22, 2023, Case #: 3:22cv1322, NOS: Other Contract - Contract, Categories: Tax, Contract
J. Aiken grants the estate representative's motion for sanctions claiming that the healthcare company purged its emails of evidence related to the lawsuit alleging the county's subordinates were responsible for the decedent's death. The estate representative plausibly alleges its claim because the first email purge happened after the healthcare company received notices of a tort claim and evidence preservation, and the healthcare company denied doing so for months despite repeated inquiries.
Court: USDC Oregon, Judge: Aiken, Filed On: June 14, 2023, Case #: 6:19cv1883, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Discovery