8 results for 'judge:"Bastian"'.
J. Bastian dismisses the customer's Computer Fraud and Abuse Act claim alleging that one of T-Mobile's retail store employees accessed her Snapchat account from her phone when she turned it in for repairs, and then disseminated explicit photos of her and a sex video of her and her partner. The customer does not allege sufficient facts to show that she suffered damage or loss because of the sales representative's conduct, nor does the customer allege any service disruption, as the statute for consequential damages requires.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: April 19, 2024, Case #: 4:23cv5166, NOS: Other Statutory Actions - Other Suits, Categories: Damages, Consumer Law
J. Bastian grants the clothing company default judgment for its complaint alleging that the beauty school opened with a mark similar to the clothing company's "Zara" trademark. "ZARA" is a famous and valuable brand that the clothing company owns, and the beauty school continues to infringe on that trademark even after the clothing company filed its complaint.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: April 8, 2024, Case #: 2:23cv46, NOS: Trademark - Property Rights, Categories: Trademark
J. Bastian denies the publisher's motion to dismiss the professional photographer's complaint that the publisher used a copyrighted photograph of Kris Kristofferson on its website without permission. Although the photo went live on the website on Feb. 14, 2019, and the photographer first saw the copyright infringement during the same year, the applicable statute of limitations that bars copyright infringement discovered before 2020 does not apply because there was no reasonable way for the photographer to find the photo due to the lack of "storm warnings" alerting the photographer of the publisher's infringement. The publisher is based in the Pacific Northwest while the photographer is based in Kentucky, and the internet is so vast that it would take a long time to monitor the usage of a single image.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: March 28, 2024, Case #: 2:23cv25, NOS: Copyrights - Property Rights, Categories: Copyright
J. Bastian grants the sheriff's office summary judgment against the city administrator's complaint alleging that officers arrested him without a warrant for allegedly stealing public funds during his time as the city administrator for the City of Wapato, Washington. The city administrator claims that the sheriff's office should have known that its officers did not have probable cause because he likely did not have the stolen $100 on him a year after the theft, but continuous possession of misappropriated funds was not an element of the crime for which he was arrested, and the city administrator does not present any evidence that further investigation would have unveiled more information.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: March 28, 2024, Case #: 1:22cv3058, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Police Misconduct
J. Bastian finds in favor of the U.S. Forest Service against the conservation organization's complaint that the agency wrongfully authorized the Twisp Restoration Project, violating the National Environmental Policy Act (NEPA) by not properly informing the public about the project and not allowing meaningful public participation. The final environmental assessment fits with NEPA's requirements, because it identifies specific prescriptions for each authorized activity by disclosing the project area and where the project area vegetation treatment would be, and it details what to do if ground conditions differ from the expected conditions.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: January 17, 2024, Case #: 2:22cv293, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Environment, Government
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J. Bastian finds in favor of the environmental organization for its claim against the government agency's 2019 adoption of a forest management plan for the Colville National Forest, which will open 63% of the Colville National Forest to logging. The U.S. Forest Service violated the National Forest Management Act by not adequately explaining how the 2019 forest plan maintains the viability of old-growth dependent species, because the agency did not demonstrate how its data and methodology reliably and accurately supported this argument, and it did not provide a meaningful assessment of the amount and quality of old-growth habitat.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: June 21, 2023, Case #: 2:21cv161, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Environment, Agency
J. Bastian grants a motion for an injunction against the ranch co-owner for defrauding Tyson Fresh Meats of $233 million in fabricated invoices for reimbursement for cattle and feed. The ranch co-owner is permanently restrained, enjoined and prohibited from trading on or being subject to the rules of any registered entity, entering transactions involving "commodity interests" and other restrictions.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: June 5, 2023, Case #: 4:21cv5050, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Injunction