12 results for 'judge:"Coughenour"'.
J. Coughenour denies the former insurance agency leader's motion to dismiss the fraudulent inducement claim in the insurance brokerage firm's complaint alleging that the former leader manipulated non-party Rice Insurance Agency's financial records to make it appear more profitable than it was, incentivizing the insurance brokerage firm to invest more than it should have. The insurance brokerage firm plausibly suggests that the former leader did not intend to honor his promises, as one pre-sale email has the former leader instruct an employee to delay recording commission checks so he could present an "earn out" of over 10 times until after the sale closed.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: March 27, 2024, Case #: 2:23cv1468, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Coughenour grants partial summary judgment to the tribe for its complaint that the electric utility company and others illegally took endangered fish as part of their electron hydroelectric project on the Puyallup River. The electric utility company's rock dam is an unpermitted take because it accelerates water which attracts upstream migrating endangered fish to the structure and away from the purpose-built fish ladder. The electric utility company and others are to apply for the necessary permits within 10 days of this order, and they are to remove a sufficient portion of the rock dam during the summer of 2024 in-water work season for the volitional upstream fish passage by Sep. 15, 2024.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: February 16, 2024, Case #: 2:20cv1864, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Coughenour grants the employee summary judgment on the categorization of the Achievement Based Compensation plan of her class action accusing Xerox of not paying the employee's overtime wages. Xerox disputing the ABC plan's proper categorization does not account for multiple prior court rulings, including those that qualify the employee and others as hourly employees, so the ABC plan cannot be categorized as anything other than hourly pay.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: February 13, 2024, Case #: 2:12cv717, NOS: Other Contract - Contract, Categories: Employment, Class Action, Contract
J. Coughenour dismisses the shareholder's complaint alleging that Jeff Bezos and other current and former Amazon directors and officers stored customer data without the customer's knowledge, putting Amazon at risk of lawsuits. The shareholder's complaint does not allege that any director “received a material personal benefit from the alleged misconduct," nor does he present sufficient evidence to establish demand futility regarding most of the directors.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: January 30, 2024, Case #: 2:22cv559, NOS: Stockholders’ Suits - Contract, Categories: Fiduciary Duty, Class Action
J. Coughenour denies the technology company summary judgment for its warranty claim in its lawsuit alleging that the trading company produced and sold chicken with bones instead of the agreed-upon boneless chicken, putting customer safety at risk. The technology company and the trading company offer conflicting evidence on whether the product qualifies as "breast trim," and a reasonable jury could believe either argument.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: January 29, 2024, Case #: 2:22cv296, NOS: Contract Product Liability - Contract, Categories: Product Liability, Warranty, Contract
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J. Coughenour grants the heirs summary judgment on their unjust enrichment claims in their putative class action alleging that the real estate firm and its founder attempted to disburse funds from the sale of their inherited property without informing the heirs about the proceeds amount. The record shows that the real estate firm attempted to retain more than the statutorily permitted 5% of the heirs' surplus proceeds, which ended up being $120,200 more than that it was allowed to take.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: November 28, 2023, Case #: 2:21cv526, NOS: Other Contract - Contract, Categories: Real Estate, Class Action, Contract
J. Coughenour denies the tribe summary judgment for its claim that the electric utility company did not obtain a project-specific certification from the Washington Department of Ecology for its October 2020 stabilization work, which arises from the government and the tribe's lawsuit alleging that the electric utility company wrongfully discharged field turf and crumb rubber into the Puyallup River. It is not entirely clear if an additional 401 notification was required when the electric utility company already obtained a joint aquatic resources permit.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: August 31, 2023, Case #: 2:20cv1746, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, Native Americans
J. Coughenour finds in favor of the insurance company for the beneficiaries' claim that the company wrongfully denied their claim for the daughter's stay at a residential mental health treatment provider, as the insurance company claims that another residential treatment stay was not medically necessary under the parent's self-funded Employee Benefits Plan. The insurance company engaged in a meaningful dialogue with the parent when discussing the denial of benefits, and the daughter did not meet the plan's InterQual criteria because it requires that a provider perform weekly psychiatric evaluations, but the provider only performed one evaluation on the daughter during her year-long stay.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: June 12, 2023, Case #: 2:21cv1611, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Contract
J. Coughenour declines to fully dismiss the consumers' class action alleging Amazon entered into an agreement with Apple to only allow Apple-authorized sellers to sell Apple products on Amazon's marketplace, forcing consumers to spend more on Apple's products. The consumers sufficiently allege that the smartphone and tablet submarkets, which are at the center of the lawsuit, are distinct markets over which Amazon's marketplace has substantial market power.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: June 8, 2023, Case #: 2:22cv1599, NOS: Antitrust - Other Suits, Categories: Antitrust, Consumer Law, Class Action
J. Coughenour grants summary judgment to the personal protective equipment ("PPE") manufacturer for its claim that, during the Covid-19 pandemic, the medical device manufacturer represented to multiple clients that it could provide millions of the PPE manufacturer's trademarked respirators at a rate above the listed price with the PPE manufacturer's alleged inclusion. The medical device manufacturer used the PPE manufacturer's trademark to offer the sale of counterfeit goods to consumers, which it never had and which it was never given permission to do.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: June 7, 2023, Case #: 2:20cv1096, NOS: Trademark - Property Rights, Categories: Trademark, Covid-19