11 results for 'judge:"Benitez"'.
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J. Benitez issues a mixed ruling on both parties' motions in limine to exclude certain evidence at trial concerning the death of a detainee who was confined in County jail. The county is not entitled to the exclusion of evidence referencing the post-incident investigations by both Internal Affairs of the prison and the Registered Nursing Board, but the county can exclude evidence of post-incident changes to the jail's policies. Decedent's family members are entitled to withhold certain evidence about decedent's criminal history.
Court: USDC Southern District of California, Judge: Benitez, Filed On: November 9, 2023, Case #: 3:16cv1004, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery, Police Misconduct
J. Benitez grants Peloton's motion to exclude a consumer's negligence per se claims concerning injuries a toddler sustained by attempting to climb on the back of a treadmill while his father was exercising, which resulted in the child suffering serious injuries to his ribs and torso when he was "pulled under the 450- pound tread." The consumer submitted the negligence claims per se months after the close of discovery. Also, the consumer's objection to one of Peloton's two medical experts is denied, as his report is not identical to the other expert's report even though some of their opinions overlap.
Court: USDC Southern District of California, Judge: Benitez, Filed On: October 27, 2023, Case #: 3:21cv1367, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Discovery
J. Benitez denies MillerCoors' request for a new trial after a jury awarded Stone Brewing $56 million in damages following a three-week trademark infringement trial over MillerCoors' use of the craft brewer's "stone" trademark to advertise and market the rebranded Keystone Light economy beer. The jury's award amounted to only 25% of the damages Stone sought and was not "clearly excessive." The jury was entitled to give weight to Stone's expert's testimony regarding lost profits and future lost profits.
Court: USDC Southern District of California, Judge: Benitez, Filed On: September 25, 2023, Case #: 3:18cv331, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Benitez grants the two teachers' request for a preliminary injunction barring the school district from enforcing its policy prohibiting teachers from disclosing to a parent the fact that their student identifies as a new gender or wants to be addressed by a new name or pronoun without first obtaining the student's consent. The district defendants have not established that they will be harmed if an injunction preserving the status quo ante stands. Furthermore, the teachers are likely to succeed on the merits of their claims because the reasons proffered by the district for the policy "pass neither the strict scrutiny nor the rational basis test."
Court: USDC Southern District of California, Judge: Benitez, Filed On: September 14, 2023, Case #: 3:23cv768, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Education, Lgbtq
J. Benitez partly grants a Black Lives Matter protest attendee's motion for attorney fees following a settlement agreement for his civil rights claims. Counsel's requested hourly rates are on the high end of the scale for civil rights lawyers. Because this case presented no novel legal issues, the hourly rates must be lowered. Counsel's number of hours is also reduced based on unclear billing entries. The protester's request for fees is, therefore, lowered from $45,110 to $18,578.
Court: USDC Southern District of California, Judge: Benitez, Filed On: July 25, 2023, Case #: 3:21cv463, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees