188 results for 'court:"USDC Oregon"'.
J. Kasubhai denies a motion for judgment on the pleadings from Rocket Mortgage on the trustee's complaint alleging that the husband fraudulently conveyed his interest in the property to his wife to avoid the trustee's judicial lien on the property after a state court found that the husband had improperly spent trust assets to purchase the home. The trustee plausibly alleges that the husband's conveyance to his wife is void because it was done in bad faith, so Rocket fails to prove that the trustee's judgment lien did not attach to the husband's interest in the property.
Court: USDC Oregon, Judge: Kasubhai, Filed On: April 25, 2024, Case #: 6:23cv164, NOS: All Other Real Property - Real Property, Categories: Fraud, Property
J. Clarke denies the paramedics summary judgment for the family's complaint alleging that the fire station denied their loved one ambulance care, forcing her domestic partner to drive her to the hospital, and causing her to die from a cardiac event on the way. The paramedics claim that they have qualified immunity, but the family sufficiently argues that their loved one had a constitutional right to be free from state-created danger, which can overcome the presumption of qualified immunity. Also, it is unclear if the paramedics knew the danger they created with their actions.
Court: USDC Oregon, Judge: Clarke, Filed On: April 19, 2024, Case #: 1:22cv161, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Aiken denies the government's motion to stay proceedings while its writ of mandamus is pending in the 9th Circuit. The young activists claim that the government knowingly destabilized the Oregon population's climate system by approving of the Jordan Cove Liquified Natural Gas Terminal in Coos Bay, which became the largest source of carbon dioxide emissions in Oregon. The government and others repeatedly delayed the case from entering the evidentiary phase for almost 10 years, and they do not identify any new issues that would justify a further stay or convince this court that the 9th Circuit is likely to grant the petition for mandamus.
Court: USDC Oregon, Judge: Aiken, Filed On: April 19, 2024, Case #: 6:15cv1517, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Environment, Government
J. McShane finds in favor of the nonprofit association against the student's complaint that the association wrongfully denied him a fifth-year hardship waiver to play football during his final year of high school, even though the student had several mental health disabilities including depression, post-traumatic stress disorder, oppositional defiance disorder and ADHD. The student did not have an individualized education plan and thus did not require the waiver, because the student had education success plans all throughout his high school education, and he does not present any evidence that the available academic support systems were insufficient in helping him graduate.
Court: USDC Oregon, Judge: McShane, Filed On: April 18, 2024, Case #: 6:22cv1228, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Immergut denies summary judgment to the owner, the ranch and the livestock company for their counterclaim alleging that the cattle company sold 9,900 cattle as part of a partnership, but wrongfully withheld the sales proceeds. There is a genuine dispute as to whether the cattle company improperly kept the cattle sale proceeds from the sale of the partnership cattle.
Court: USDC Oregon, Judge: Immergut, Filed On: April 15, 2024, Case #: 3:22cv768, NOS: Other Contract - Contract, Categories: Fraud, Partnerships, Contract
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J. Nelson grants Acting Secretary of Labor Julie Su's motion that the court take notice that Su filed pending motions against the United States Postal Service, as Su is also accusing USPS of firing an employee after she reported her workplace injury in violation of the Occupational Safety and Health Act. Su filed five other cases against USPS that also relate to allegations that USPS filed its employees under dubious circumstances, such as firing one probationary employee 14 days after they reported an injury.
Court: USDC Oregon, Judge: Nelson, Filed On: April 12, 2024, Case #: 3:21cv1454, NOS: Other Labor Litigation - Labor, Categories: Employment, Labor
J. Hernandez dismisses the labor union's complaint that the construction company violated its collective bargaining agreement (CBA) by subcontracting bargaining unit work to an unapproved contractor instead of the labor union. The labor union's request for declaratory judgment requires the court to interpret and apply provisions of the CBA that are meant for an unexhausted grievance, and the labor union neither exhausts the grievance process nor does it cite any legal authority that supports the futility argument.
Court: USDC Oregon, Judge: Hernandez, Filed On: April 11, 2024, Case #: 3:23cv297, NOS: Labor/Management Relations - Labor, Categories: Contract, Labor / Unions
J. Simon awards the litigation finance company an $84,400 judgment against the research company for the former's contract claim alleging that the research company did not pay the litigation finance company the promised payment for a previous settlement. The promissory note states that if the research company defaulted on the note, it would pay a principal sum of $84,400.
Court: USDC Oregon, Judge: Simon, Filed On: April 10, 2024, Case #: 3:23cv896, NOS: Negotiable Instrument - Contract, Categories: Settlements, Contract
J. Beckerman grants the estate's motion to compel the Department of Human Services to produce documents in the estate's complaint that DHS placed the child in a home where the foster parent did not properly administer the medication for the child's congenital heart defect and did not take him to a cardiac rehabilitation appointment, resulting in the child's death. DHS is to produce all tort claim notices about alleged abuse, neglect or deaths of foster children in District 1's custody from 2013 to the present, because the existence of persistent violations are relevant to a case involving the death of a foster child as the result of alleged neglect from his foster parent and the agency that placed him with the foster parent.
Court: USDC Oregon, Judge: Beckerman, Filed On: April 9, 2024, Case #: 3:23cv705, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Discovery
J. Simon grants the business entities' motion to vacate the arbitration award, which came from the coffee shop retail chain's petition to have the business entities resolve geographic territory and franchise agreement disputes via arbitration. The arbitrator proceeded with the case despite knowing that a court would be resolving the question of who had the authority to determine whether the business entities were subject to arbitration.
Court: USDC Oregon, Judge: Simon, Filed On: April 3, 2024, Case #: 3:20cv976, NOS: Arbitration - Other Suits, Categories: Arbitration, Contract
J. Aiken dismisses the substitute teacher's complaint that the school district fired him for not receiving the Covid-19 vaccine. The substitute teacher claims that the school district violated his religious rights by firing him, but he does not show how the earlier deadline for reporting on vaccination status is discriminatory, nor does he present evidence of any pretext for discriminatory termination.
Court: USDC Oregon, Judge: Aiken, Filed On: March 31, 2024, Case #: 6:23cv688, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Aiken grants the receiver's petition to void the deeds of trust that the multi-family real estate developer's managing partner issued regarding the homeowners association complaint, which alleges that the bank owes housing association fees on a property it assumed during the previous owner's bankruptcy proceedings. All evidence that suggests that the contractor, not some other entity, damaged the window is likely second-hand information and supposition, so the multi-family real estate developer and the unit owner do not prove that the contractor working for the homeowners association caused the damage.
Court: USDC Oregon, Judge: Aiken, Filed On: March 29, 2024, Case #: 6:16cv300, NOS: All Other Real Property - Real Property, Categories: Property, Contract
J. Simon denies the legislature's second motion for partial summary judgment against the employee's complaint alleging that the legislature fired her after not accommodating her disability. While the legislature asserts that the employee was fired because she did not work well with others, the employee presents ample evidence that she informed the legislature about her disability and sought accommodations, so now it is questionable if the legislature tried to reasonably accommodate her disability.
Court: USDC Oregon, Judge: Simon, Filed On: March 28, 2024, Case #: 3:21cv780, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Nelson dismisses the investment firm's complaint alleging that the construction company did not repair the restaurant before its owner's insurance coverage ended, which was a key part of the contract. This complaint is barred because the investment firm amended its complaint with issues concerning who it was suing.
Court: USDC Oregon, Judge: Nelson, Filed On: March 28, 2024, Case #: 3:23cv1584, NOS: Other Contract - Contract, Categories: Property, Contract
J. Aiken denies the insurance company partial summary judgment against the insureds' complaint alleging that the insurance company did not pay for covered losses such as the insulation remediation in the attic and underflooring of the insureds' home, which suffered smoke damage from wildfires in the Detroit, Oregon area. At this point, a reasonable juror could conclude that the insurance company sent an adjuster that negligently overlooked the damage in the attic and the underfloor area.
Court: USDC Oregon, Judge: Aiken, Filed On: March 28, 2024, Case #: 6:22cv1798, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Aiken dismisses the employees' state law claims alleging that the union refused to allow the employees to opt out of a joining the union. The employees do not allege that the state directed the union's allegedly unconstitutional conduct, specifically by not showing how the union did something that is traditionally the government's job or that the state encouraged this unidentified conduct.
Court: USDC Oregon, Judge: Aiken, Filed On: March 28, 2024, Case #: 6:22cv906, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Labor / Unions
J. Clarke finds in favor of the church for its complaint alleging that the city violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it forced the church to significantly reduce social services, including meal service, during the Covid-19 pandemic. The city's ordinance violates RLUIPA because it is a land use regulation that inhibits the church's ability to feed the ministry, which is part of the church's religion. The ordinance is not the least restrictive way for the city to exercise its interest.
Court: USDC Oregon, Judge: Clarke, Filed On: March 27, 2024, Case #: 1:22cv156, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Covid-19
J. Simon denies the saw mill owner's motion to dismiss for forum non conveniens the import company owner's complaint the saw mill owner diverted business away from the joint venture shared between the two and refused to disclose profits. Most of the business of the alleged joint venture happened in China, but the saw mill owner should be able to obtain documents located in the country for this lawsuit, especially if the relevant business documents can be scanned and electronically sent to the United States, and it is possible to make witness testimony available either remotely or in-person.
Court: USDC Oregon, Judge: Simon, Filed On: March 27, 2024, Case #: 3:23cv499, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Simon partially dismisses the coach's complaint that the school district and others accused the coach of sexual harassment and fired him to cover up the extramarital affair of another coach. The coach's defamation claim currently fails because it is unclear if it is time barred and the coach does not provide details about the allegedly defamatory statements. The coach can file a second amended complaint if he believes that he can cure the deficiencies.
Court: USDC Oregon, Judge: Simon, Filed On: March 26, 2024, Case #: 3:22cv1923, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Nelson denies summary judgment to the metals company against the hand grind/production grinder's complaint alleging that the metals company improperly denied the grinder's claim for short-term disability benefits under the sponsored plan to treat his liver abscess. There is a genuine issue of material fact about whether the metal company's denial of the grinder's benefits after Dec. 4, 2020, when the plan was set to end even though the grinder made claims and appeals before then, was unreasonable when considering the entire administrative record.
Court: USDC Oregon, Judge: Nelson, Filed On: March 26, 2024, Case #: 3:22cv681, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Russo remands to state court the property owner's state law claims to state court alleging that the city defamed him when it arrested him for a crime he did not commit and published his mugshot before dropping all charges. The property owner's state law claims are best suited for resolution in state court given the length and circumstances of his arrest and detainment, and because the property owner brought the claims under state law against the city and its employees.
Court: USDC Oregon, Judge: Russo, Filed On: March 25, 2024, Case #: 3:21cv1838, NOS: Insurance - Contract, Categories: Property, Defamation, Jurisdiction
J. Aiken grants the sheriff's motion for sanctions in the the state police trooper's lawsuit alleging that the deputy sheriff and the deputy sheriff sergeant denied him due process when they wrongfully arrested him for driving under the influence. Sanctions are appropriate in this matter, because the state police trooper violated the sheriff's office's discovery requests by not preserving his text messages and emails.
Court: USDC Oregon, Judge: Aiken, Filed On: March 21, 2024, Case #: 6:21cv1622, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Discovery
J. Simon declines to dismiss the fraud claim against one of the company owners from the investor's complaint, which alleges that the company owners induced the investor to put money into the cannabis business while overstating its profitability. The investor alleges sufficient facts showing that one of the company owners concealed facts about the other business that his co-owners operated that used the cannabis business' equipment without the investor's knowledge.
Court: USDC Oregon, Judge: Simon, Filed On: March 20, 2024, Case #: 3:21cv601, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Simon awards the car owner $20,000 in attorney fees and $518 in costs following a default judgment in his favor in his complaint that the car shop did not restore a 1966 Ford Mustang, lied about the restoration status, and returned the vehicle needing significant repairs. The car owner's requested hourly rates are reasonable but not all billed hours are reasonable.
Court: USDC Oregon, Judge: Simon, Filed On: March 20, 2024, Case #: 3:22cv1387, NOS: Other Contract - Contract, Categories: Vehicle, Attorney Fees, Contract
J. Mosman denies the pharmaceutical trade group summary judgment for the commerce clause claim of its complaint alleging that Andrew Stolfi, Director of the Oregon Department of Consumer and Business Services, allowed disclosure laws that unfairly require pharmaceutical manufacturers to hand over trade secrets and threaten to publicize that information if the manufacturers decide to increase their prices. Neither party is entitled to summary judgment on the commerce clause, because neither party can definitely say how House Bill 4005, which is a law providing for “drug-pricing transparency," will effect interstate commerce.
Court: USDC Oregon, Judge: Mosman, Filed On: March 19, 2024, Case #: 6:19cv1996, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Commerce, Government
J. Nelson denies the police officer summary judgment on qualified immunity in the driver's complaint alleging that the police officer used a knee strike on the driver upon pulling him out of his vehicle because the officer thought that the driver had a gun. District courts in the 9th Circuit generally agree that knee strikes are an intermediate level of force at minimum, so the police officer's conduct falls under the prohibition on the use of non-trivial force against passive resistance, and the police officer knew nothing about the driver at the time to warrant any fear that would drive the use of excessive force.
Court: USDC Oregon, Judge: Nelson, Filed On: March 18, 2024, Case #: 3:20cv731, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. McShane denies the fraudulent transfer claim in the Japanese corporation's complaint that the art supply store and others transferred property to hinder, delay or defraud creditors. The Japanese corporation alleges that the loan was part of the fraudulent scheme by the president and shareholder of one of the companies to avoid an adverse judgment by the arbitrator, but the loan and assets were not concealed from the Japanese corporation, so there is not a proven requisite intent to hinder, delay or defraud the Japanese corporation.
Court: USDC Oregon, Judge: McShane, Filed On: March 14, 2024, Case #: 6:21cv1115, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, Contract