26 results for 'judge:"Du "'.
J. Du dismisses class claims the Las Vegas strip businesses, along with a software company, unlawfully restrained trade by artificially inflating prices of hotel rooms after collectively agreeing to use a specific software. The class has not plausibly alleged a tacit agreement between the strip businesses or a restraint on trade, in part, because hotels are not required to and often do not accept pricing recommendations generated by the hotel revenue management site's products.
Court: USDC Nevada, Judge: Du , Filed On: May 8, 2024, Case #: 2:23cv140, NOS: Antitrust - Other Suits, Categories: Antitrust, Consumer Law, Business Practices
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. 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
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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
J. Du grants the ranchers' motion to dismiss a Peruvian work visa worker's allegation the ranch association and member ranches restrained trade for the purpose of wage-fixing. Though the worker has not sufficiently alleged each ranch specifically engaged in an anti-competitive agreement, allegations the association made an unlawful agreement with certain members are plausible. The worker is given leave to amend.
Court: USDC Nevada, Judge: Du, Filed On: March 4, 2024, Case #: 3:22cv249, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, Commerce
J. Du denies, in part, a healthcare network's motion to dismiss the former employee's employment discrimination action. She sufficiently alleges a supervisor subjected her to verbal or physical harassment based on her race; therefore, her claims of a hostile work environment may proceed.
Court: USDC Nevada, Judge: Du, Filed On: February 27, 2024, Case #: 3:21cv352, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Du grants the school district's motion to dismiss a guardian and minor's constitutional and state law negligence claims regarding alleged hazing, harassment, sexual assault and discrimination by players on a high school baseball team. The parties have not adequately alleged a policy that amounts to deliberate indifference to the minor���s constitutional rights and was the moving force behind any purported violations.
Court: USDC Nevada, Judge: Du , Filed On: February 15, 2024, Case #: 3:23cv229, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Education
J. Du denies the former wife's motion for summary judgment on MetLife's interpleader action, which it filed to resolve conflicting claims to the decedent's life insurance benefits asserted by his former wife and his wife at the time of his death. The decedent maintained a basic employee life policy at the time of the divorce, benefits to which the former wife has a right. But the former wife presents no evidence the decedent was enrolled in a supplemental life policy. The former wife has not established the basic and supplemental plans are part of a single policy.
Court: USDC Nevada, Judge: Du , Filed On: January 30, 2024, Case #: 2:22cv894, NOS: Insurance - Contract, Categories: Family Law, Insurance, Wills / Probate
J. Du finds in favor of the bank in one of hundreds of cases to quiet title following a foreclosure sale conducted by a homeowners��� association. The property purchaser, an investment company, filed for declaratory judgment after the bank and title trustee indicated an intention to foreclose on a deed of trust encumbering the property. Because the association's agent had a "policy of rejecting... payment for less than the full lien amount," and the bank had knowledge of this, the excused tender doctrine applies. The investment company's arguments involving limitations and laches is unpersuasive.
Court: USDC Nevada, Judge: Du , Filed On: January 23, 2024, Case #: 3:20cv604, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, Foreclosure
J. Du denies Reno's motion to dismiss the adult cabaret performers' denial of due process claims. The performers, who are all between the ages of 18 and 21, challenged the city's new minimum age requirements for cabaret performers. Regardless of whether state law preempts the provision, the condition exists in which the city has issued business licenses to adults under 21, but then effectively prohibited them from continuing to perform. Therefore, the performers have suffered a plausible injury in fact.
Court: USDC Nevada, Judge: Du , Filed On: January 22, 2024, Case #: 3:19cv693, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Due Process
J. Du denies the insured's motions to amend claims for breach of contract, bad faith and unfair claims practices in this insurance coverage dispute. Claims for breach of contractual fair duty to indemnify lacked fair notice to the insurer, and the insured cannot show reputational or indemnity damages were tried by the parties��� express or implied consent. The insurer mostly prevails in this complex ruling as to damages for breach of the contractual duty to defend.
Court: USDC Nevada, Judge: Du , Filed On: December 18, 2023, Case #: 2:17cv2393, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Du denies the petroleum refinery cleaning company's motion for summary judgment on its claims a former employee breached non-disclosure and noncompete agreements by disclosing a proprietary chemical formula and cleaning process. The 5-year duration at issue here places too great a hardship on the employee, invalidating the non-competition clause. The unreasonable provision renders the agreement unenforceable.
Court: USDC Nevada, Judge: Du , Filed On: December 18, 2023, Case #: 3:21cv48, NOS: Other Contract - Contract, Categories: Unfair Competition, Contract
J. Du grants the electronic gaming manufacturer's motion for summary judgment in this patent infringement suit. The gaming company is accused of infringing upon the technology company's patent for a gaming display assembly for sophisticated card tables with digital displays that provide players with game information. The accused product was in public use before the priority date of the asserted patent and there is no genuine dispute as to this material fact.
Court: USDC Nevada, Judge: Du , Filed On: December 7, 2023, Case #: 2:22cv923, NOS: Patent - Property Rights, Categories: Evidence, Patent, Technology
J. Du denies the leasing company who says it holds a lien against the disputed property. The original owner completed an affidavit disclaiming debts, liens, or other claims before the sale closed with the purchaser for over $500,000. The purchaser has stated a plausible claim for declaratory relief on the basis that as a third-party it did not have notice of the lien, qualifying as a bona fide purchaser for value.
Court: USDC Nevada, Judge: Du, Filed On: November 17, 2023, Case #: 3:23cv176, NOS: All Other Real Property - Real Property, Categories: Property, Contract
J. Du grants the government���s motion to dismiss this suit brought by the Indian Tribes seeking to block construction of a lithium mine near Thacker Pass, Nevada. The tribes say that a certain clause in the plan of operations shows that the Bureau of Land Management authorized violations by not terminating the mining company���s prior permits when its record of decision was issued, which is not plausible. Without any violation of the plan, the land management claim is implausible, though the tribes are granted leave to amend.
Court: USDC Nevada, Judge: Du, Filed On: November 9, 2023, Case #: 3:23cv70, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Environment, Government, Native Americans
J. Du grants MGM���s motion to dismiss this class action alleging that various hotel operators on the Las Vegas strip unlawfully restrained trade by artificially inflating the price of hotel rooms using a single pricing software. The complaint has many pleading deficiencies. Factual allegations that could plausibly allege an agreement between the operators are not included. It is unclear whether all operators use the same pricing algorithm, though the class alleges this. The class will have opportunity to amend within 30 days.
Court: USDC Nevada, Judge: Du, Filed On: October 24, 2023, Case #: 2:23cv140, NOS: Antitrust - Other Suits, Categories: Antitrust, Trade, Class Action
J. Du denies the former employee's motion to dismiss the employer's suit alleging that he stole its trade secrets and confidential information to unfairly compete in the Nevada mining company transportation market. Dismissal on the basis of Nevada���s Uniform Trade Secrets Act preemption is premature. The employer has sufficiently pled its claims and is entitled to plead alternative statutory and non-statutory theories of relief even when theories are duplicative. Deceptive Trade Practices claims are dismissed, as there are no allegations as to when or where misrepresentations were made, or to whom.
Court: USDC Nevada, Judge: Du , Filed On: September 20, 2023, Case #: 3:22cv15, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Transportation
J. Du denies the software support company���s motion to stay an injunction entered against it pursuant to the court���s prior finding in favor of Oracle in its suit alleging the support company copied Oracle���s enterprise software into and from development environments for its own clients. The support company is unlikely to prevail on the merits and its arguments invoking free speech are unpersuasive. The district court, though, will temporarily stay its injunction until the Ninth Circuit resolves the motion to stay which the support company intends to file there because the injunction does impose 60 days to certify compliance due to the amounts of code involved.
Court: USDC Nevada, Judge: Du, Filed On: August 15, 2023, Case #: 2:14cv1699, NOS: Copyrights - Property Rights, Categories: Copyright, Unfair Competition, Technology
J. Du grants the death row inmate���s petition for a writ of habeas corpus on grounds of ineffective assistance. The court finds that supplemental mitigation evidence about his childhood upbringing, which was readily available had trial counsel investigated, portrayed defendant���s background as being filled with abuse, sexual abuse, encouraged drug use and neglect. This ground for granting the petition is substantial, and defendant has demonstrated cause and prejudice. A certificate of appealability is granted as to other grounds and defendant���s death sentence is vacated.
Court: USDC Nevada, Judge: Du, Filed On: August 11, 2023, Case #: 2:99cv360, NOS: Death Penalty - Habeas Corpus, Categories: Death Penalty, Habeas, Murder
J. Du finds in favor of Oracle, permanently enjoining the infringing support company in this software copyright and unfair competition dispute arising from the support company's unauthorized copying of Oracle's enterprise software into and from development "gap customer" environments created by the support company for its own clients. At trial, the owner of the support company admitted that his deposition testimony about the timing and purpose of the software migration was ���incorrect,��� and further admitted that he decided to do the migration to ���save... our own server costs��� and ���offset... other costs." He also continued making copies of the environments that had previously been ruled as infringing.
Court: USDC Nevada, Judge: Du , Filed On: July 24, 2023, Case #: 2:14cv1699, NOS: Copyrights - Property Rights, Categories: Copyright, Technology
J. Du denies Bank of America���s motion to dismiss this suit alleging that it failed to investigate and correct errors after Equifax reported inaccurate information on the consumer���s credit report regarding a $7,500 loan following her discharge from bankruptcy. The court reasonably infers from the complaint that Bank of America violated its duty to conduct a reasonable investigation because both Bank of America and Equifax continued to report the inaccurate information after the consumer had sent a dispute letter to the bank.
Court: USDC Nevada, Judge: Du, Filed On: July 14, 2023, Case #: 2:23cv237, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Consumer Law, Banking / Lending
J. Du grants the county���s motion to dismiss the short-term vacation rental property owner and operator���s suit alleging that his property was wrongly made subject to new permit regulations for parking, noise, trash and occupancy, as well as defining unpermitted properties as a public nuisance. The county is not a ���person��� under the relevant statute, and though the county���s order to cancel bookings and remove property listings was disruptive, the action doesn���t amount to a substantial impairment under the contracts clauses of the U.S. and Nevada constitutions.
Court: USDC Nevada, Judge: Du, Filed On: July 12, 2023, Case #: 3:23cv29, NOS: All Other Real Property - Real Property, Categories: Constitution, Property, Contract
J. Du grants the investment company which purchased a foreclosed property���s motion to dismiss this suit alleging wrongful foreclosure. Certain parties associated with the sale and auction were involved in prior, related litigation which was dismissed, and claims against them are subject to the two-dismissal rule. Other claims brought by out-of-state parties are dismissed for lack of standing.
Court: USDC Nevada, Judge: Du, Filed On: June 12, 2023, Case #: 3:22cv513, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Contract
J. Du grants MGM���s motion to dismiss the deceptive trade practices claim brought by the patron who alleges that he was drugged, but allowed to continue gambling, resulting in physical injury. The injured party fails to plead consumer fraud claims with any particularity, though certain negligence claims are allowed to proceed. MGM had no duty to stop serving the patron once he had become visibly ���erratic,��� though other aspects of its general duty of reasonable care have been adequately pled.
Court: USDC Nevada, Judge: Du, Filed On: May 30, 2023, Case #: 2:22cv1906, NOS: Other Contract - Contract, Categories: Fraud, Tort, Negligence