140 results for 'court:"USDC Idaho"'.
J. Brailsford denies in part an insurance company's motion for summary judgment regarding an insurance coverage dispute following a plane crash. While the pilot walked away unharmed, the plane, which crashed shortly after takeoff, sustained extensive damage. The plane owner alleges that the insurer has not paid for certain repairs in violation of the insurance policy. A genuine dispute of material fact remains as to whether the insurer paid the amount required under the insurance policy. Because the insurance company has waived its right to compel arbitration, its motion for summary judgment on the contract claim is denied.
Court: USDC Idaho, Judge: Brailsford, Filed On: April 24, 2024, Case #: 1:22cv176, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Contract
J. Winmill grants an insurance company's motion for expenses regarding an improperly terminated disposition. The disposition regarding a car collision was terminated by counsel when the passenger in the car, who suffered severe memory loss, was being asked about insurance claims documents and was about to be shown those documents. The attorney alleges that the insurer failed to lay the proper foundation for refreshing a witness' recollection with a document. The attorney has not shown that the insurer's counsel's questioning rose to the level of bad faith or oppressiveness. The "unilateral termination of the...disposition was therefore unjustified and warrants sanctions."
Court: USDC Idaho, Judge: Winmill, Filed On: April 24, 2024, Case #: 1:21cv498, NOS: Other Contract - Contract, Categories: Insurance, Sanctions, Contract
J. Nye denies investors' motions to modify the scheduling order, for leave to amend, to reopen discovery and for reconsideration in a landfill acquisition project investment dispute. The investors' "newly discovered evidence could have easily been discovered at any point prior to or during this litigation." They do not cite unforeseen circumstances that prevented them from seeking the records earlier. The investors do not address their "untimely delay in requesting the records and petitioning this Court for modification, amendment, and reconsideration."
Court: USDC Idaho, Judge: Nye, Filed On: April 15, 2024, Case #: 1:20cv544, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Discovery
J. Nye grants a company's motion to quash portions of a subpoena during the discovery process of a contract dispute. An attorney has been acting as an agent for the company, sharing litigation strategy, so although the attorney does not represent the company, his communications qualify for work-product protection. As a witness-attorney, the attorney is forbidden "from acting as an advocate at trial, but not in pre-trial activities."
Court: USDC Idaho, Judge: Nye, Filed On: April 12, 2024, Case #: 2:22cv399, NOS: Other Contract - Contract, Categories: Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Brailsford denies the city's motion to dismiss a dispute with a landowner involving a prescriptive easement over a trail that crosses the city's parcel. The court has supplemental jurisdiction over the matter. The case law the government cites does not support its proposition that the state's common ownership of the parcel "cannot satisfy the unity of title requirement for establishing an implied easement."
Court: USDC Idaho, Judge: Brailsford, Filed On: April 10, 2024, Case #: 1:23cv47, NOS: All Other Real Property - Real Property, Categories: Real Estate
J. Winmill grants property owners' motion to dismiss neighbors' allegations that they have breached an easement by refusing to share the cost of maintaining and replacing a shared tram that both neighbors use to traverse a steep hill up to their properties, and by demanding that the neighbors relocate the tram onto their property, and terminating the easement. "The continuous nature of the obligations under the easement are not
enforceable." The property owners, "as owners of the dominant estate, have the legal right to terminate the easement."
Court: USDC Idaho, Judge: Winmill, Filed On: April 9, 2024, Case #: 2:23cv507, NOS: Other Contract - Contract, Categories: Real Estate, Contract
J. Winmill denies a patent holder's motion for partial summary judgment regarding allegations of patent infringement of three separated patents related to a machine attachment that creates simulated log siding. The patent in question covers the simulated log siding panel. The patent holder has not separately addressed the different types of siding and therefore has not shown that all siding produced by the alleged infringer infringes on the patent in question. It appears that some of the siding does not infringe on the patent.
Court: USDC Idaho, Judge: Winmill, Filed On: April 5, 2024, Case #: 4:22cv307, NOS: Patent - Property Rights, Categories: Patent
J. Dale denies in part an airport baggage handling system company's motion to dismiss a business partner's claims for civil conspiracy, tortious interference with prospective economic advantage and tortious interference with contract. The business partner, who was the prime contractor, began negotiations to acquire the other company. After negotiations broke down, the business partner became concerned that the company was not complying with the teaming agreement and alleges that the president of the company made false allegations about the business partner to stop the acquisition from moving forward. The business partner has plausibly stated a tortious interference with prospective economic advantage claim.
Court: USDC Idaho, Judge: Dale, Filed On: April 2, 2024, Case #: 1:23cv499, NOS: Other Contract - Contract, Categories: Interference With Contract, Contract
J. Nye denies a company's motion for attorney fees following arbitration of a supply agreement dispute, and its subsequent request that the court confirm the arbitration award. The arbitrator entered an award in the company's favor and stated that the other party should pay the company's costs of arbitration. The arbitrator made "very specific findings regarding the reasonableness of the costs imposed" and did not mention future costs or costs related to the confirmation of the company's award. There are no grounds entitling the company to an award of fees and costs.
Court: USDC Idaho, Judge: Nye, Filed On: April 1, 2024, Case #: 4:23cv206, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Attorney Fees
J. Dale grants the county and sheriff's office's motion for attorney fees in a matter in which the court found that an individual's "counsel knowingly presented to the jury an inaccurate and incomplete portrayal of compensation tendered to and promised to be paid by Plaintiff to a critical witness... in connection with her trial testimony." The court found that this misconduct interfered with the county and sheriff's department's ability to fairly present their case. The parties later settled. The individual's "counsel acted recklessly in filing the motion to set aside the Court’s judgment of dismissal, thereby unreasonably and vexatiously multiplying the proceedings in this matter." The county and sheriff's office are awarded $14,273 in attorney fees.
Court: USDC Idaho, Judge: Dale, Filed On: March 29, 2024, Case #: 1:18cv550, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Ada / Rehabilitation Act, Tort, Attorney Fees
J. Winmill grants in part investors' motion for summary judgment and default judgment regarding an "alleged Ponzi scheme masquerading as a
cryptocurrency investment fund." The investors have provided sufficient evidence of false representations and that the fund manager misappropriated investor funds for personal use, including "purchasing groceries, sporting goods, clothing, gold, silver coins, meals, home improvements and [a] wedding" in violation of federal and state law. The investors "must submit a summary of the total damages they seek, the basis for these damages, and the amount of damages for which they are entitled to prejudgment interest, and the legal basis for those damages."
Court: USDC Idaho, Judge: Winmill, Filed On: March 28, 2024, Case #: 2:20cv352, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Dale grants an employee's motion for attorney fees regarding allegations that his employer breached his head coach agreement by firing him as the head wrestling coach without cause. A jury found in favor of the employee. As the prevailing party, the employee is awarded $911,643 in attorney fees.
Court: USDC Idaho, Judge: Dale, Filed On: March 28, 2024, Case #: 1:20cv380, NOS: Other Contract - Contract, Categories: Employment, Attorney Fees, Contract
J. Nye denies in part the state's motion to dismiss campers' allegations that the state violated their constitutional rights by enforcing the “anti-camping statute." The campers allege that their belongings were "searched, seized, and immediately destroyed" without a warrant. The campers have provided sufficient facts to allege that the director of the state police and director of the Idaho Department of Administration are not immune from suit with respect their Fourth Amendment claims.
Court: USDC Idaho, Judge: Nye, Filed On: March 26, 2024, Case #: 1:22cv162, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Nye grants a roofing company's motion for default judgment regarding allegations that a competitor began operating under the same name, which has led to marketplace confusion and lost business, as well as customer complaints to the roofing company from dissatisfied consumers who worked with the competitor. The roofing company sent a cease and desist letter to the competitor to stop using the trademarked name, but the competitor has not stopped. The roofing company has sufficiently stated a claim for trademark infringement and unfair competition, and has demonstrated that it will suffer irreparable injury in the absence of an injunction. The company is granted $8,386 in costs and fees and the competitor is permanently enjoined from using the trademarked name.
Court: USDC Idaho, Judge: Nye, Filed On: March 26, 2024, Case #: 4:23cv310, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition
J. Winmill dismisses an individual's complaint that she was falsely detained, was extradited from her home and given a no-contact order for her children and that she is a trust beneficiary. The individual "requests restitution for false detainment, the return of her children, and property." She fails to state a state trust law claim, Hague Convention claim, does not support her constitutional claims and cannot bring a civil claim under the Hobbs Act. "It is difficult to ascertain the basis of [the individual's] complaint." She is granted leave to amend.
Court: USDC Idaho, Judge: Winmill, Filed On: March 25, 2024, Case #: 1:24cv93, NOS: All Other Real Property - Real Property, Categories: Civil Rights, Real Estate
J. Dale grants in part environmental groups' motion for summary judgment regarding their challenge of Idaho Senate Bill 1211, which authorizes wolf trapping and snaring in grizzly bear habitat, and which they claim will lead to the unlawful "take" of grizzly bears in violation of the Endangered Species Act. The group seek to enjoin the authorization of recreational wolf trapping and snaring until the state obtains an incidental take permit from the Fish and Wildlife Service. The groups have shown they have standing and provided evidence that lawfully set wolf traps and snares are reasonably likely to take grizzly bears. The state is enjoined from authorizing wolf trapping and snaring in grizzly bear habitat except when it is reasonably certain that almost all grizzly bears will be in dens: December 1 to February 28.
Court: USDC Idaho, Judge: Dale, Filed On: March 19, 2024, Case #: 1:21cv479, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Winmill grants a seller's motion to compel discovery in a patent dispute involving the sale of a log-siding machine. The seller holds several patents covering the log-siding machine and the log-siding itself and alleges the buyer fabricated a set of discs for use with the machine which violate the seller's patents. The buyer is compelled to produce revenue information which the seller seeks.
Court: USDC Idaho, Judge: Winmill, Filed On: March 19, 2024, Case #: 4:22cv307, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Brailsford denies the government's motion to exclude expert reports and testimony in a personal injury suit brought by an individual who suffered injuries in a car collision with a government employee driving a government-owned car. The individual's vocational economic consultant's "opinions are founded on sufficient facts and data as articulated in his report." The licensed psychologist may testify that the individual "suffers from major depressive disorder with anxious distress" and that he "has somatic symptom disorder."
Court: USDC Idaho, Judge: Brailsford, Filed On: March 14, 2024, Case #: 1:21cv97, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Experts
J. Winmill grants the city's motion for summary judgment and grants the state's motion to dismiss a couple's claims that the husband's Fifth Amendment right to counsel and due process was violated when he was arrested and requested counsel, and officers did not heed his request. The claim is legally barred. Also, the couple "cannot prevail on a negligent infliction of emotional distress claim."
Court: USDC Idaho, Judge: Winmill, Filed On: March 11, 2024, Case #: 2:22cv376, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Winmill denies in part an animal processing plant's motion for summary judgment regarding a family's wrongful death and negligence claims after an employee was killed by a machine unexpectedly starting up while he was cleaning it. A reasonable jury could find that the company "knew or consciously disregarded the risk posed by the cow shovel."
Court: USDC Idaho, Judge: Winmill, Filed On: March 11, 2024, Case #: 1:22cv191, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort
J. Patricco denies the state's motion for certification of interlocutory appeal and stay pending appeal in a matter in which transgender women "challenge Idaho Medicaid’s allegedly discriminatory policies that deny transgender individuals essential and sometimes life-saving healthcare" and allege that "cisgender individuals receive coverage for the same or similar health care as a matter of course." The state has not shown substantial grounds for a difference of opinion regarding the controlling question of law. A stay of the case is not warranted. The state's motion for leave to file supplemental authority is granted.
Court: USDC Idaho, Judge: Patricco, Filed On: March 8, 2024, Case #: 1:22cv409, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Patricco denies in part a debt collector's motion to dismiss a couple's Fair Debt Collection Practices Act claims stemming from the debt collector allegedly making dozens of harassing phone calls, including to the couple's places of employment, to collect on a home renovation loan despite the couple informing them that they were represented by counsel and were disputing the debt. The Fair Debt Collection Practices Act claims may proceed through discovery.
Court: USDC Idaho, Judge: Patricco, Filed On: March 4, 2024, Case #: 1:23cv44, NOS: Consumer Credit - Other Suits, Categories: Debt Collection
J. Winmill grants the credit reporting agency's motion for reconsideration regarding an individual's allegations of violation of the Fair Credit Reporting Act by allegedly inaccurately reporting debts on her credit report that were previously discharged in bankruptcy. The court's prior memorandum decision and order is modified, granting summary judgment on the individual's willfulness claim. "A jury could not reasonably conclude that Experian willfully violated the FCRA by continuing to report" the individual's account.
Court: USDC Idaho, Judge: Winmill, Filed On: March 4, 2024, Case #: 1:21cv465, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Debt Collection, Consumer Law
J. Winmill grants in part the government's motion for remedies in a property dispute. The government alleges that a couple formed a camping and vacation rental company and put tents, a boat house, a boat ramp, a dock, a gazebo and fencing on government land without permission. The company has not responded to the government's letters asking them to remove the encroachments. The couple and their company were found liable for all claims. The government's request of an order requiring the company to vacate the government's property is granted, but "an injunction requiring the defendants to remove the encroachments within a 30-day period would be oppressive." The company is enjoined from "from trespassing on the subject property, constructing or maintaining encroachments on the subject property, and renting or listing for rent the subject property."
Court: USDC Idaho, Judge: Winmill, Filed On: March 4, 2024, Case #: 2:22cv439, NOS: Torts to Land - Real Property, Categories: Real Estate, Tort, Injunction
J. Winmill denies a company co-owner's motion to dismiss for lack of jurisdiction an employee's allegations of discrimination. The jury found in favor of the employee on her claims against the company. The company president and co-owner claims the employer seeks to hold him "personally liable" and that the employee's claims against him are time-barred. The employee "seeks to impose derivative liability under theories of alter ego and constructive trust" against the co-owner after he drained the company of its assets. The court has personal jurisdiction over the co-owner, and the statute of limitations does not apply here. "Title VII does not shield an individual from liability when a plaintiff satisfies the elements for piercing the corporate veil."
Court: USDC Idaho, Judge: Winmill, Filed On: March 4, 2024, Case #: 4:19cv287, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Winmill grants the SEC's motion for remedies against a crypto investment broker who allegedly lured investors into investing millions of dollars in his crypto investment company through false representations, then misappropriated those funds for his personal use. The broker also offered and sold unregistered securities. The company and broker shall disgorge $5,257,563 in ill-gotten gains plus $127,454 in pre-judgment interest. The court also imposes a civil penalty of $6,899,969, the amount of the broker's gross amount of pecuniary gain.
Court: USDC Idaho, Judge: Winmill, Filed On: March 4, 2024, Case #: 2:21cv103, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Brailsford denies the city's motion for protective order and grants in part an employee's motion to compel the production of documents in an employment dispute. The employee alleges that she was fired after requesting accommodations of working from home while recovering from her long-haul Covid-19 symptoms. The city should produce a privilege log listing documents individually, " describing the document with sufficient particularly to show a privilege applies." The employee will be permitted to reopen certain dispositions and the city will bear the expense. There is no evidence that the employee willfully withheld a spreadsheet and emails.
Court: USDC Idaho, Judge: Brailsford, Filed On: February 27, 2024, Case #: 4:22cv180, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Discovery, Employment Discrimination
J. Nye denies in part the government's motion to dismiss environmental groups' claims that a logging project intended to "increase the resilience of the forests in the project area to insects, diseases, drought, and the undesirable effects from wildfires" violates the National Environmental Policy Act. Portions of the previous objection potentially raise similar enough arguments regarding the groups' claim involving the project’s threat to old-growth bird habitats to put the government on notice of the claim. The groups' claim that the government failed "to analyze or disclose whether the Project trends towards the forest plan’s desired conditions" continues.
Court: USDC Idaho, Judge: Nye, Filed On: February 22, 2024, Case #: 2:23cv290, NOS: Other Statutory Actions - Other Suits, Categories: Environment