211 results for 'court:"USDC Nevada"'.
J. Albregts refuses to dismiss a black worker's pro se race and national origin discrimination and retaliation claims to proceed. The temp employee says it took longer than normal to receive an offer for full-time employment from Crocs. He also had difficulty obtaining his employee discount code and was ignored when he sought help. That the employee was reassigned after complaining, among other specific allegations, is sufficient to allege retaliation.
Court: USDC Nevada, Judge: Albregts , Filed On: April 15, 2024, Case #: 2:24cv582, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Du grants an insurer's motion to dismiss this breach of contract claim. The homeowners sued the insurer for refusing to pay for more than 12 months of loss of use coverage after a tree fell on their house. The loss of use provision in the policy has been replaced with a "special provisions—Nevada endorsement" that requires the insurer pay additional living expenses for 12 months from the date of loss. There is no allegation or dispute it did not do this.
Court: USDC Nevada, Judge: Du, Filed On: April 11, 2024, Case #: 3:24cv60, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Dorsey denies the Russian car dealer's motion for a preliminary injunction seeking to have his bank account unfrozen. The dealer's appearance at a dealer show was canceled, his cars were transferred to California and his bank account was frozen after the company stopped manufacturing cars when Russia invaded Ukraine. The dealer does not satisfy any standard for injunction. His motion just states the company president's reasons for freezing the account are false, says the account should not have been frozen, and states without evidence the president's actions have damaged the company.
Court: USDC Nevada, Judge: Dorsey , Filed On: April 11, 2024, Case #: 2:22cv1774, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Jurisdiction, Contract
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J. Albregts denies both parties’ motions for summary judgment. The purchaser sues for unjust enrichment, breach of fiduciary duty, legal malpractice’ and fraud regarding an allegedly fraudulent real estate investment scheme. The seller represented herself as a realtor and was retained by the purchaser to purchase various Nevada properties under his name and to rent out and manage those properties for his benefit. The alleged realtor forged deeds and transferred legal title of the properties to and from entities she controlled, leaving the purchaser with one of 24 properties for which he has not received his investment money back. According to the evidence shown, multiple questions of material fact must be decided at trial.
Court: USDC Nevada, Judge: Albregts, Filed On: April 9, 2024, Case #: 2:20cv1683, NOS: Other Contract - Contract, Categories: Fraud, Real Estate, Legal Malpractice
J. Silva grants the city's motion for summary judgment on a black former police chief's allegations the president of the police union discriminated against her on the basis of race and sex. Though the chief was hired to facilitate departmental change with support from the city, complaints were lodged after she began implementing new procedures, particularly that involving discipline for officer misconduct. The union president says the chief lacked accountability, creating greater division within the department. As the chief's subordinate, the union president is not liable for the chief's termination or any alleged due process violation.
Court: USDC Nevada, Judge: Silva , Filed On: April 5, 2024, Case #: 2:20cv1761, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Employment Discrimination
J. Gordon grants, in part, the lenders' motion to dismiss a borrower and guarantor's counterclaims. The lenders originally filed suit alleging they fraudulently transferred stocks as repayment. The guarantor contends he first learned of the stock transfers after a previous judgment was entered, but the lenders point to publicly available financial documents that disclosed the stock transfers before the original complaint was filed. Certain counterclaims are precluded, while a conspiracy claim must be dismissed because it is not supported by allegations for damages.
Court: USDC Nevada, Judge: Gordon , Filed On: April 2, 2024, Case #: 2:22cv1206, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Securities, Banking / Lending
J. Traum grants the newspaper's motion to exclude expert testimony that was to be made on behalf of another media company in support of its claims the newspaper breached the cooperation and quality provisions of a joint operating arrangement triggering this range of antitrust and contract claims and counterclaims. The paper provides no source that calls into question the expert's methods. The validity challenge can be pursued before the jury.
Court: USDC Nevada, Judge: Traum , Filed On: March 31, 2024, Case #: 2:19cv1667, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts, Discovery
J. Boulware denies the real estate broker's motion for summary judgment on multiple allegations against other brokerage entities involving theft of trade secrets stemming from nondisclosure agreements from a brokerage acquired from bankruptcy proceedings and the new employment of its brokers. There are disputed facts as to whether a new employer took intentional acts to disrupt the confidentiality provisions of a contract. Factual issues remain on key elements of the causes of action.
Court: USDC Nevada, Judge: Boulware , Filed On: March 31, 2024, Case #: 2:15cv531, NOS: Other Contract - Contract, Categories: Bankruptcy, Real Estate, Trade Secrets
J. Boulware denies the subcontractor's motion for summary judgment. After issues with securing government funds for its work on Nellis Airforce Base, the contractor communicated with the electrical subcontractor regarding tracking of expenses. The subcontractor replied with altered invoices, eventually refusing to endorse a payment check for less than the claimed amount. Many disputes of material fact on fraud and contract claims and counterclaims remain.
Court: USDC Nevada, Judge: Boulware, Filed On: March 31, 2024, Case #: 2:21cv573, NOS: Miller Act - Contract, Categories: Fraud, Government, Contract
J. Boulware denies the bank's renewed motion for judgment as a matter of law. A property investor claims the bank committed trade secret misappropriation by using its customer lead list. The bank's insufficiency of evidence argument improperly focuses on select leads in the list as being publicly available, and, therefore, not secrets. However, evidence presented shows the list was confidential.
Court: USDC Nevada, Judge: Boulware , Filed On: March 30, 2024, Case #: 2:15cv510, NOS: Other Contract - Contract, Categories: Property, Trade Secrets, Banking / Lending
J. Boulware denies the cardiovascular filter manufacturer's motion for summary judgment on a patient's allegations a blood clot filter was defective after she experienced a long period of complications. This resulted in the removal of the filter, but not a part that had embolized into her left lung. Though warranty breach counts are dismissed, the negligent misrepresentation claim only requires the manufacturer supplied warnings. The surgeon explained he read product warnings, noting if he had been aware of unincluded concerns, he would have selected an alternative device.
Court: USDC Nevada, Judge: Boulware , Filed On: March 30, 2024, Case #: 2:19cv1883, NOS: Tort Product Liability - Real Property, Categories: Negligence, Product Liability, Medical Malpractice
J. Mahan grants the insurer's motion for summary judgment. The assignee insurance company representing the construction company says the insurer breached the parties' contract when it denied coverage for two construction projects that sustained roof damage due to mold. The assignee failed to obtain the insurer's consent before incurring remediation costs; therefore, because the remediation costs were incurred involuntarily and without the insurer's consent, denial of coverage was appropriate.
Court: USDC Nevada, Judge: Mahan , Filed On: March 29, 2024, Case #: 2:20cv1382, NOS: Insurance - Contract, Categories: Construction, Insurance, Contract
J. Mahan denies the insurer's motion for summary judgment. The gaming facility brought this claim for breach of contract after the insurer denied coverage for cleanup following the Covid-19 pandemic. Coverage was denied due to there being no actual physical loss. There is a genuine dispute of material fact regarding whether a physical loss occurred or any of the policy exclusions or provisions apply.
Court: USDC Nevada, Judge: Mahan , Filed On: March 29, 2024, Case #: 2:20cv965, NOS: Insurance - Contract, Categories: Insurance, Covid-19, Contract
J. Du grants the animal rights activists' motion for summary judgment. The activists allege the U.S. Bureau of Land Management, Department of the Interior, and the Nevada Bureau of Land Management violated the Wild Free-Roaming Horses and Burros Act and the National Environmental Policy Act by a recent roundup of wild horses. Reducing livestock grazing to increase wild horse management levels was not reasonable because it would have undermined the roundup's stated purpose to “prevent undue... degradation...and to restore ecological balance.” The bureau must prepare a herd management area plan and reanalyze foreseeable effects and significance of its roundup alternatives on wildfire risks.
Court: USDC Nevada, Judge: Du, Filed On: March 28, 2024, Case #: 3:22cv34, NOS: Environmental Matters - Other Suits, Categories: Administrative Law, Environment, Agency
J. Hicks grants the flight support company's motion for summary judgment in this negligence suit. A private plane was damaged by the corporation's making contact with another plane it was moving at the storage facility. The pilot who left the plane to be stored signed a "landing card" stipulating the corporation is not liable for damage. The terms of the landing card are an enforceable contract, including the limitation of liability footnote. Though the pilot involved was not the principal pilot contracted to fly the plane, he was cloaked with apparent authority by the original pilot. The principal “is estopped from later denying the actions of the agent” once he “cloaks the agent with the apparent authority to act[.]”
Court: USDC Nevada, Judge: Hicks , Filed On: March 28, 2024, Case #: 2:22cv2011, NOS: All Other Real Property - Real Property, Categories: Insurance, Contract, Aviation
J. Silva grants the Austrian and Indiana-based irrigation system manufacturer's motion to dismiss this trademark infringement suit. The Nevada-based irrigation systems manufacturer fails to allege it continuously or deliberately exploited the Nevada market by its use of a similar trademarked name at an irrigation association convention in Las Vegas.
Court: USDC Nevada, Judge: Silva , Filed On: March 25, 2024, Case #: 2:22cv232, NOS: Trademark - Property Rights, Categories: Agriculture, Trademark
J. Boulware grants the behavioral health group's motion to dismiss this breach of contract action. The parties are both citizens of Florida and, having already found that the commercial construction company is a citizen of Florida, the court is without subject matter jurisdiction.
Court: USDC Nevada, Judge: Boulware , Filed On: March 22, 2024, Case #: 2:21cv1790, NOS: Other Contract - Contract, Categories: Health Care, Jurisdiction, Contract
J. Traum grants the insurer's motion for summary judgment. The driver's personal insurer brings this claim against the insurer of his company seeking equitable indemnity or subrogation for a payment of uninsured motorist coverage benefits. The driver incurred more than $1 million in injuries while driving for a company insured by the accused insurer. The driver's personal insurer seeks to recover the $250,000 it paid under the policy limit. The insurers had a sufficient relationship to permit equitable relief. The driver's insurer's prompt resolution of claims further supports finding the accused insurer should indemnify.
Court: USDC Nevada, Judge: Traum , Filed On: March 22, 2024, Case #: 2:22cv1133, NOS: Insurance - Contract, Categories: Employment, Insurance, Indemnification
J. Navarro grants the subcontractor's motion for partial summary judgment. The construction company alleges the subcontractor abandoned its contract to construct a temporary phasing facility for the company's renovation of the Air Force base hospital, requiring it to add a second phasing facility. The company's use of the second facility was not reasonably contemplated by the parties at the time of the contract. The use of the second facility does not reasonably arise from the breach itself, as it deviated from what the subcontractor was obligated to provide.
Court: USDC Nevada, Judge: Navarro , Filed On: March 21, 2024, Case #: 2:20cv790, NOS: Miller Act - Contract, Categories: Construction, Contract
J. Jones grants the ex-wife's motion for attorney fees and costs in the amount of $84,000. The extra-marital lover filed this suit against her lover and his ex-wife, alleging they were involved in sex trafficking. The suit was found to be frivolous and an abuse of judicial process because the facts provide no basis to find the ex-wife did anything wrong. All factors were correctly considered, and the accuser's arguments are without merit.
Court: USDC Nevada, Judge: Jones , Filed On: March 20, 2024, Case #: 3:21cv458, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Attorney Fees
J. Jones grants the consumer relationships software manufacturer's motion for re-taxation of costs and $6.8 million in attorney fees. Although summary judgment was granted in favor of the manufacturer in this suit alleging that it infringed certain cyber patents, a subsequently discovered clerical error supports the manufacturer's motion. Also, because the patentee's continuing to litigate after claim construction ended any likelihood of prevailing on the merits, an award of attorney’s fees is warranted.
Court: USDC Nevada, Judge: Jones , Filed On: March 20, 2024, Case #: 3:13cv628, NOS: Patent - Property Rights, Categories: Patent, Attorney Fees, Technology
J. Silva grants AutoZone's motion for summary judgment. After the sales associate filed a complaint against a manager for sexual harassment, the ensuing investigation led to the termination of the manager. The sales associate was invited to return to work, but did not, and his employment was then terminated. Though the associate seeks damages against AutoZone, the facts do not support his hostile work environment claim since the manager was fired.
Court: USDC Nevada, Judge: Silva , Filed On: March 19, 2024, Case #: 2:22cv316, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Retaliation
J. Dorsey awards the litigation support company $217,500 in damages in this trademark infringement suit. The infringing company waived its unenforceable penalty defense because of its failure to raise it in a timely manner, which materially prejudiced the other company's ability to obtain and present evidence. The liquidated-damages provision entitles the company to the award.
Court: USDC Nevada, Judge: Dorsey , Filed On: March 19, 2024, Case #: 2:20cv2035, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Damages
J. Navarro grants the rolling paper manufacturer's motions for default judgment and permanent injunction on its allegations a competitor misappropriated its packaging design and slogans. The competitor has not filed a response to the allegations, all factors have been considered and default judgment is appropriate. Furthermore, the manufacturer has suffered and will continue to suffer irreparable injury without a permanent injunction.
Court: USDC Nevada, Judge: Navarro , Filed On: March 15, 2024, Case #: 2:22cv1648, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Silva grants the developer's motion to dismiss his former partner's contract claim. The developer made significant purchases of shares of cannabidiol companies on his long-term partner's recommendation, a move that also included discussion of a 50/50 partnership. Though certain meetings were held in Nevada, investments were made in companies headquartered in other states, and the developer has not purposefully conducted business in Nevada or purposefully directed his activities toward Nevada. There is no basis for jurisdiction.
Court: USDC Nevada, Judge: Silva , Filed On: March 14, 2024, Case #: 2:22cv821, NOS: Other Contract - Contract, Categories: Securities, Partnerships, Contract
J. Du finds the bankruptcy court improperly granted a reinsurer's motion for partial summary judgment, denying the debtor discharge from bankruptcy. The court made an adverse credibility determination and overlooked a genuine dispute of material fact in ruling the debtor fraudulently omitted information involving several LLCs from his bankruptcy schedules.
Court: USDC Nevada, Judge: Du, Filed On: March 14, 2024, Case #: 2:23cv688, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Fraud