263 results for 'court:"USDC Southern District of California"'.
J. Whelan denies in part a motion to dismiss Monell claims against San Diego officials from a former inmate at the George Bailey Detention Facility who says he was sexually assaulted by his cell mates. Several of the unnamed officials and staff are not shielded by immunity from his claims under "ignore abuse" and "misclassification" theories, as it is plausible the inmate was misclassified during the housing and cell mate selection process.
Court: USDC Southern District of California, Judge: Whelan, Filed On: September 19, 2024, Case #: 3:24cv304, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Lopez dismisses several counterclaims from San Diego against the Department of the Navy in an environmental cleanup dispute. The Navy sued the city for $16 million in cleanup costs that it spent to recover the Naval Training Center in San Diego after it was exposed to hazardous waste and chemicals. The Navy has already settled its dispute with the city's port authority and regional airport authority, but the city itself responded by leveling various contract counterclaims against the Navy. The feds are largely immune from counterclaims such as these, and the city has not brought forward any evidence that the feds waived their right to immunity.
Court: USDC Southern District of California, Judge: Lopez, Filed On: September 17, 2024, Case #: 3:23cv541, NOS: Environmental Matters - Other Suits, Categories: Environment, Immunity, Contract
[Consolidated.] J. Huie grants a bank's motion to compel arbitration in claims seeking to certify a class of plaintiffs who contend they had been induced into opening "the highest yielding" savings accounts before the bank offered different, higher yielding accounts to new customers, as the account agreement contained a binding arbitration provision.
Court: USDC Southern District of California, Judge: Huie, Filed On: September 13, 2024, Case #: 3:23cv2266, NOS: Other Contract - Contract, Categories: Arbitration, Banking / Lending, Contract
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J. Anello dismisses the majority of the solar roofing company’s claims without prejudice, except for wire fraud against the CEO. The company accused the CEO of wire fraud, ultimately determining it to be a criminal offense. The dismissal of the claims included allegations of violations of the Securities Exchange Act of 1934, common law fraud, negligence, conversion, RICO, unjust enrichment and fiduciary duties. The consultant’s motion to amend and set aside the default judgment was granted. By Oct. 8, 2024, an amended complaint must be submitted, and claims may be forfeited due to neglect.
Court: USDC Southern District of California, Judge: Anello, Filed On: September 11, 2024, Case #: 3:23cv2323, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Securities, Racketeering
J. Bashant approved a $15 million settlement for a minor child, focusing on fairness, reasonableness and the child’s best interests; this amount was considered appropriate in comparison to similar cases and provided generous compensation. The motions to seal the case were granted, protecting the child’s privacy and preventing the disclosure of confidential information.
Court: USDC Southern District of California, Judge: Bashant, Filed On: September 10, 2024, Case #: 3:20cv2096, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Settlements, Privacy
J. Schopler denied the motion to dismiss counterclaims in a case involving franchise restaurant owners and two Colorado business owners. The counterclaims included aiding and abetting breach of fiduciary duty, fraud, fraudulent concealment and receipt of stolen property. The court found the counterclaims plausible, allowing the case to proceed.
Court: USDC Southern District of California, Judge: Schopler, Filed On: September 10, 2024, Case #: 3:23cv1102, NOS: Other Contract - Contract, Categories: Fraud, Business Practices, Contract
J. Burkhardt partially granted Sony Electronics’ motion for a protective order, focusing on specific details of the dispute not explicitly mentioned in the document provided. There is disagreement between the parties about a single proposed paragraph in the protective order, but they all agree that the order is based on clear language that says people must not over-designate documents, arguments or confidential information. The harsher language was necessary to prevent indiscriminate designation but did not impose any additional responsibilities on the responding party.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: September 9, 2024, Case #: 3:24cv319, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Restraining Order
J. Huff grants summary judgment in favor of Merck & Co. over product liability claims that their asthma treatment drug Singulair, which includes the active ingredient montelukast, can cause neuropsychiatric events and homicidal thoughts. The Singulair label warned users that the medication could cause neuropsychiatric events, and there is nothing on the record that suggests the label warnings were inadequate for physicians prescribing montelukast to adults.
Court: USDC Southern District of California, Judge: Huff, Filed On: August 27, 2024, Case #: 3:24cv916, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Consumer Law, Product Liability
J. Huff finds in favor of Merck & Co. on the users' product liability claims alleging that its asthma treatment drug Singulair, which includes the active ingredient montelukast, can cause neuropsychiatric events and homicidal thoughts. The Singulair label warned users that the medication could cause neuropsychiatric events, and there is nothing on the record that suggests the label warnings were inadequate for physicians prescribing montelukast to adults.
Court: USDC Southern District of California, Judge: Huff, Filed On: August 27, 2024, Case #: 3:22cv522, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Consumer Law, Product Liability
J. Huff grants final approval to a $325,000 wage-and-hour settlement in a class action against Hyatt. The terms appear fair and reasonable and include $100,000 in attorney fees.
Court: USDC Southern District of California, Judge: Huff, Filed On: August 26, 2024, Case #: 3:23cv1001, NOS: Employment - Civil Rights, Categories: Employment, Settlements, Class Action
J. Sabraw dismisses civil rights claims from two residential property developers who say San Diego officials wrongfully denied their request for an exemption from a local code that requires developers to set aside 10% of residential units in new developments for low-income households. The developers say that by denying their exemption, the city is taking their private property, but they point to no legal theory that supports that assertion. The law advances a legitimate government interest in helping the community with more affordable housing and similar local laws have been held up by the state Supreme Court.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: August 22, 2024, Case #: 3:23cv1755, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Property
J. Bencivengo denies in part a motion to dismiss wrongful death claims against San Diego officials brought by the estate of a man who died at the San Diego Central Jail from a combination of pneumonia, malnutrition, dehydration and Covid-19. Officials moved to toss the claims on the basis that they were shielded by immunity, but the fact that wellness checks at the jail should have alerted staff to decedent's serious medical needs precludes them from having immunity.
Court: USDC Southern District of California, Judge: Bencivengo, Filed On: August 21, 2024, Case #: 3:23cv1357, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Wrongful Death
J. Anello dismisses all civil rights claims against Sherman Heights Elementary from a couple who says they were harassed after they began recording the comings and goings of school children to document the unsafe traffic conditions created by the school. The couple's Title IX claims fail because they have no participation in the school or its programs and their civil rights claims fail for not showing how the school chilled their free speech.
Court: USDC Southern District of California, Judge: Anello, Filed On: August 20, 2024, Case #: 3:24cv359, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Sabraw grants partial class certification in a dispute with Healthworks Medical Group over claims of a "highly offensive" health history questionnaire required from job applicants that asked questions regarding mental illness, menstrual histories and pregnancies. Certification is approved for any job applicant that applied for a paid position and was subjected to the questionnaire between October 23, 2017, and December 31, 2018.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: August 16, 2024, Case #: 3:19cv1539, NOS: Other Labor Litigation - Labor, Categories: Employment, Class Action
J. Battaglia denies summary judgment to a family in an educational dispute with the school district of San Diego over the mental health needs of a child. The family claims that a prior judgment against them misstated key facts, but the judgment against the family's claims was supported by expert witnesses and a detailed record that did not reveal any wrongdoing from the school district.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: August 12, 2024, Case #: 3:23cv528, NOS: Education - Civil Rights, Categories: Education
J. Benitez denies summary judgment to both parties in a dispute between FBI agents and a family who says they were subjected to excessive force and assault when federal agents were carrying out an arrest in their home as part of a money laundering investigation. The record of the case so far is rife with conflicting testimony and several unanswered questions over what the officers did in the home and why they did it. It is a "classic case for a trial" and best resolved there.
Court: USDC Southern District of California, Judge: Benitez, Filed On: July 22, 2024, Case #: 3:22cv171, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct