507 results for 'court:"USDC Western District of Washington"'.
J. Robart orders a supplemental briefing on the manufacturer's motion to dismiss the metal supplier's complaint that the manufacturer infringed on the metal supplier's patents related to fire-blocking devices. The metal supplier seems to misunderstand the previous order to argue for the sufficiency of its patent allegations, so it has until Feb. 9, 2024 to file a supplemental brief addressing this. The manufacturer and its co-defendants may file an optional supplemental reply to that supplemental brief by no later than Feb. 16, 2024.
Court: USDC Western District of Washington, Judge: Robart, Filed On: January 29, 2024, Case #: 2:23cv918, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Zilly grants the fire station summary judgment against the employees' complaint alleging that it placed them on unpaid leave for not receiving the Covid-19 vaccine. The employees argue that the fire station already required employees to wear masks and that the masks and PPE would be enough to prevent the spread of Covid-19. However, unvaccinated firefighters would increase the risk of spreading Covid-19 because masks and PPE are only effective when worn, and firefighters could not always wear them.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: January 25, 2024, Case #: 2:22cv1674, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
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J. Hernandez partially grants the exporter default judgment for its complaint that the discretionary trading trust bought $2.9 million in lumber, rejected the delivery when it arrived, but then took possession of it and sold the lumber to a third-party without paying the exporter. While the $2.9 million in damages are granted without issue because that is the amount owed on the invoice, the exporter seeks pre-judgment interest on its United Nations Convention on Contracts for the International Sale of Goods claim, which does not arise under state law. The exporter is to supplement its motion with new pre-judgment interest calculations consistent with the federal rate within 30 days.
Court: USDC Western District of Washington, Judge: Hernandez, Filed On: January 24, 2024, Case #: 3:22cv1041, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Bryan dismisses the employees' federal claims accusing the healthcare company of voluntarily agreeing to participate in the Center for Disease Control and Prevention’s Covid-19 vaccination program and then wrongfully firing the employees if they refused to take the Covid-19 vaccine. The employees do not show that the healthcare company's policy enforcement was a public function, as it was not "both traditionally and exclusively governmental," that it constituted a joint action, that it was the result of governmental coercion or that it violated the employees' constitutional rights.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: January 23, 2024, Case #: 3:23cv5741, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Government, Covid-19
J. Whitehead denies the property owners' motion to dismiss the insurance company's attempt to seek a declaration that it has no duty to defend or indemnify Miggy Mover LLC or its owner in an underlying lawsuit brought by the property owners, who claim that Miggy Mover wrongfully withheld their belongings in a storage unit instead of delivering the belongings to the new home. The insurance company adequately pleads its case because it only seeks relief in the form of a declaration of no duty to defend or indemnify, which allows this case to remain in federal jurisdiction.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: January 23, 2024, Case #: 2:23cv510, NOS: Insurance - Contract, Categories: Insurance, Property, Jurisdiction
J. Chun dismisses the consumer's Consumer Legal Remedies Act (CLRA) claims accusing Amazon of passing her information to Audible, which signed her up for a 30-day free Audible trial without her consent. The CLRA notice letter that the consumer sent does not meet the relevant statutory notice requirement because it does not cite what specific CLRA provisions Amazon and Audible violated. If the notice letter is revised, the consumer may plead her case again.
Court: USDC Western District of Washington, Judge: Chun, Filed On: January 23, 2024, Case #: 2:23cv1219, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Consumer Law
J. Lin awards the employee $75,000 in damages after Boeing demoted him in retaliation for reporting a co-worker's age discriminatory conduct toward other workers. The employee was demoted and discouraged from applying for his former position within weeks of his complaint, and there is little evidence that Boeing's supervisor worked to help the employee get promoted.
Court: USDC Western District of Washington, Judge: Lin, Filed On: January 22, 2024, Case #: 2:22cv533, NOS: Employment - Civil Rights, Categories: Employment, Damages, Employment Discrimination
J. King grants T-Mobile's motion to compel to arbitration the customers' suit claiming that T-Mobile did not secure their proprietary network information from fraudulent "SIM swaps" that allowed hackers to access the customers' financial accounts. The customers, or someone on their behalf, signed a binding agreement to arbitrate.
Court: USDC Western District of Washington, Judge: King, Filed On: January 22, 2024, Case #: 2:22cv1805, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Class Action, Contract
J. Peterson partially grants the insureds' motion for attorney fees after a jury found in their favor on on bad faith and Insurance Fair Conduct Act claims against the insurance company and awarded them $9,600. The insureds ask for $229,600 in attorney fees, but the jury found that one of the insureds did not exercise ordinary care to avoid or minimize his damages and the insureds record unproductive time and block billing. As such, the insureds receive $106,800 in attorney fees.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: January 19, 2024, Case #: 2:22cv159, NOS: Insurance - Contract, Categories: Insurance, Attorney Fees
J. Evanson finds in favor of the employer for its lawsuit seeking to enforce a Subrogation and Right of Recovery provision of its health benefits plan in order to recover a portion of the former employee's settlement funds equal to the medical benefits the employer paid out after the employee was injured in a car accident. The employer is entitled to a $73,300 judgment and attorney fees, because while the employee argues that it would be unfair to let the employer make itself whole through reimbursement because she was not made whole in her settlement of the New York action, its Health and Welfare Plan explicitly states that the employer's right to reimbursement trumps her right to be made whole.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: January 18, 2024, Case #: 2:20cv1551, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Settlements
J. Zilly denies the real estate broker's motion for a new trial regarding its complaint that Zillow concealed all non-multiple-listing services on their websites, resulting in the real estate broker's listings losing traffic. The real estate broker's lack of success with its Consumer Protection Act claim is not due to a procedural flaw during litigation, because it was ably represented by multiple attorneys from well-regarded law firms and it had ample resources to conduct itself in this lawsuit.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: January 18, 2024, Case #: 2:21cv312, NOS: Antitrust - Other Suits, Categories: Antitrust, Jury, Real Estate
J. Robart denies the hospital's motion for a protective order relating to its claim that the certified registered nurse anesthetist's interrogatories contain multiple discrete subparts that should be considered separate interrogatories, which relate to the registered nurse's lawsuit accusing the hospital of wrongfully firing her after refusing to give her a medical exemption for a Covid-19 vaccine. The hospital does not explain the basis for its argument that other interrogatories contain multiple discrete subparts, because it does not demonstrate “that a particular subpart of a particular interrogatory introduces a separate and distinct line of inquiry from the one that precedes it, and which could fairly and logically be counted as a new interrogatory against the presumptive limit.”
Court: USDC Western District of Washington, Judge: Robart, Filed On: January 18, 2024, Case #: 2:23cv83, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Employment, Discovery
J. Zilly stays a portion of the Korean restaurant's case accusing the city of not answering the restaurant's calls for help for the Capital Hill Occupying Protest's foreseeable issues involving property damage, loss of business revenue and violent crime. The restaurant's claims for substantive due process, taking and negligence are dismissed with prejudice. The remainder of the case is stayed pending a ruling by the Washington Supreme Court in "Campeau v. Yakima HMA LLC."
Court: USDC Western District of Washington, Judge: Zilly, Filed On: January 17, 2024, Case #: 2:23cv540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Due Process
J. Lasnik denies the United States' motion to dismiss the grandfather's complaint alleging that a diseased Douglas fir in the Olympic National Park fell onto his vehicle in January 2017, injuring the grandfather, killing his wife and paralyzing one of his grandchildren. The United States argues that the claims are untimely, but the grandfather and his family actively searched for a way to bring the United States into this lawsuit as it submitted two Freedom of Information Act requests to the National Parks Service in March 2017, which potentially entitles them to a tolling of the statute of limitations.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: January 16, 2024, Case #: 2:19cv2070, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Government, Vehicle, Product Liability
J. Lin denies Nintendo's motion to dismiss the technology corporation's complaint accusing its products of infringing on the technology corporation's patents relating to the utilization of micro electronic mechanical systems when constructing inertial measurement units (IMUs). Nintendo argues that the '648 patent invokes "generic hardware components," but claim one of the '648 patent invokes "micro" components that are combined with specifications for a variety of improvements upon conventional IMUs.
Court: USDC Western District of Washington, Judge: Lin, Filed On: January 10, 2024, Case #: 2:23cv302, NOS: Patent - Property Rights, Categories: Patent
J. Whitehead denies the insurance company's motion to disqualify its opposing counsel from litigation alleging that the insurance company has no duty to defend or indemnify the Estate of Charles McCarthy against abuse claims or to pay a settlement for the underlying claims in state court. The insurance company's motion is premature because it makes the motion before the trial begins, and the insurance company does not cite any legal or factual basis to exclude its opposing counsel.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: January 10, 2024, Case #: 3:22cv6016, NOS: Insurance - Contract, Categories: Insurance, Settlements
J. Jones grants the government's motion to compel discovery in its action seeking to reduce to judgment unpaid civil penalty assessments against the debtor, because he allegedly violated federal law by not reporting his interest in foreign bank accounts between 2011 and 2016. Documents and communications outside the "years at issue" are relevant to this case because the willfulness inquiry is not limited to a particular calendar year.
Court: USDC Western District of Washington, Judge: Jones, Filed On: January 9, 2024, Case #: 2:22cv1576, NOS: Other - Forfeiture/Penalty, Categories: Government, Tax, Discovery
J. Rothstein remands the car collision victim's complaint that the insurance company's attorney, acting on behalf of their at-fault insured driver, falsely claimed that he had a $25,000 policy limit to cover car collision victim's damages when there were supposed to be "no limits" for this policy. The insurance company and others do not show that the in-state accused parties were fraudulently joined, so there is no reasonable justification to keep this case in federal court.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: January 9, 2024, Case #: 2:23cv1349, NOS: Insurance - Contract, Categories: Fraud, Insurance
J. Pechman grants Attorney General Robert Ferguson's motion to dismiss the nonprofit organization's complaint alleging that Ferguson, Assistant Attorney General Joshua Studor and the Attorney General's office targeted conservative activist Alan Gottlieb, four nonprofit organizations and two for-profit entities for their gun rights advocacy efforts, attempting to silence them with sham civil investigations. Except for the Public Records Act claim, the nonprofit organization does not show that it or the others suffered injury from the civil investigative demands or the AG's office, especially not that they suffered chilled speech.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: January 9, 2024, Case #: 2:23cv1554, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. Robart dismisses the registered nurse's lawsuit accusing the hospital of writing a negative performance review in retaliation for her disability accommodation request and report of sexual harassment in the workplace. The nurse's complaint is "not a model of clarity," as it does not present clear evidence that the hospital failed to take immediate action to address the sexual harassment against her, nor does the nurse produce evidence that the hospital intended to discriminate against her due to her disability.
Court: USDC Western District of Washington, Judge: Robart, Filed On: January 5, 2024, Case #: 2:22cv536, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Cartwright approves of the consent decree between the environmental protection organization and the marina for the former's lawsuit asserting that the latter and others violated the Clean Water Act by discharging pollutants into Puget Sound and Commencement Bay from areas where they store materials. Among other stipulations, the marina and others shall clean up the facility of all loose materials that are either stored or discharged outside the facility, including the area that is west or northwest of the facility's paved parking lot.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: January 5, 2024, Case #: 3:23cv5432, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Cartwright denies the Michigan-based company’s motion for a preliminary injunction for its complaint that the state agency used an unconstitutional law that favors Washington state residents over out-of-state residents to deny the Michigan-based company’s retail cannabis license application for the Social Equity Application Program. The Michigan-based company cannot show a likelihood of success on the merits of its claim, because the Michigan-based company does not cite any Ninth Circuit or Ninth Circuit district court decision that argues that the dormant Commerce Clause prevents a residency preference for a cannabis retail license.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: January 5, 2024, Case #: 3:23cv6111, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Commerce, Injunction
J. Bryan finds in favor of the title company against the property owner's complaint that the title company refused to defend and indemnify him after it did not properly pay off the property loan to the Department of Housing and Urban Development (HUD), resulting in HUD garnishing his wages. It is not clear which federal claims the property owner makes in his complaint. He does not point to facts that would support a viable Bivens claim against the title company, such as what constitutional right it allegedly violated.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: January 3, 2024, Case #: 3:23cv5317, NOS: All Other Real Property - Real Property, Categories: Property