33 results for 'judge:"Chun"'.
J. Chun denies the university president's motion to dismiss the retaliation claim in the school faculty member's complaint alleging that the university president wrongfully fired the faculty member for putting a statement in his class syllabus, emails and outside his faculty office door about the Coast Salish tribe's claim to land that read, "I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington." The school faculty member plausible states a First Amendment retaliation claim, because the school faculty member's speech concerned a matter of public concern, and the court cannot employ the applicable Pickering balancing test at this stage.
Court: USDC Western District of Washington, Judge: Chun, Filed On: May 8, 2024, Case #: 2:22cv964, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Employment Discrimination
J. Chun declines to dismiss the school faculty member's retaliation claim in his complaint alleging that the university president wrongfully fired the faculty member for putting a statement in his class syllabus, emails and outside his faculty office door about the Coast Salish tribe's claim to land that read, "I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington." The school faculty member plausibly alleges a First Amendment retaliation claim as his speech “related to scholarship or teaching." While the university and its president cite the "Johnson v. Poway Unified School District" decision that allows discipline of speech on school grounds, that case's analysis focuses on secondary school education, not college education.
Court: USDC Western District of Washington, Judge: Chun, Filed On: May 3, 2024, Case #: 2:22cv964, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment Retaliation, First Amendment
J. Chun grants an injunction to one member of the university's Institutional Animal Care and Use Committee (IACUC) against the university, as the member alleges that the university will otherwise give non-party PETA and other animal rights groups records that associate the member with the IACUC. While other IACUC members involved in this case disclosed their identities, the member in this order did not, and he is not obligated to reveal his identity.
Court: USDC Western District of Washington, Judge: Chun, Filed On: March 29, 2024, Case #: 2:24cv170, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
[Consolidated.] J. Chun grants the patients' motion to remand a putative class action alleging that the cancer research institute's negligence allowed hackers to access patient contact information. The institute is based in Washington and the data breach primarily involved Washington patients. Furthermore, three causes of action in the lawsuit are based on Washington statutes and none of the causes of action involve another state's law. Therefore, the discretionary home-state exception to the Class Action Fairness Act applies.
Court: USDC Western District of Washington, Judge: Chun, Filed On: March 22, 2024, Case #: 2:23cv1893, NOS: All Other Real Property - Real Property, Categories: Privacy, Jurisdiction, Class Action
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Chun dismisses with prejudice the consumers' second amended complaint accusing Amazon of putting products by sellers who purchased Amazon fulfillment services higher in searches and featuring them in its "Buy Box" more often than sellers that did not purchase the fulfillment services. The consumers allege that Amazon injured them with anti-competitive behavior because the consumers paid higher prices for products through Amazon's marketplace, but the consumers do not allege that they paid more for their Amazon Prime membership or that they paid more for shipping, so they do not allege that they suffered anti-trust injury in the shipping market.
Court: USDC Western District of Washington, Judge: Chun, Filed On: March 13, 2024, Case #: 2:21cv996, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Chun dismisses the consumer's Consumer Legal Remedies Act (CLRA) claims accusing Amazon of passing her information to Audible, which signed her up for a 30-day free Audible trial without her consent. The CLRA notice letter that the consumer sent does not meet the relevant statutory notice requirement because it does not cite what specific CLRA provisions Amazon and Audible violated. If the notice letter is revised, the consumer may plead her case again.
Court: USDC Western District of Washington, Judge: Chun, Filed On: January 23, 2024, Case #: 2:23cv1219, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Consumer Law
J. Chun defers ruling as to whether the insureds fraudulently concealed or misrepresented facts in their underlying lawsuit, in which the insurance company asserts it does not have a duty to defend or indemnify the insureds. At this state of litigation, it is unclear as a matter of law if the insureds concealed or misrepresented facts and thus prejudiced the insurance company, and analyzing the insurance policy and the underlying lawsuit cannot resolve these issues. However, discovery is not closed yet, so the insureds may renew this request after it is.
Court: USDC Western District of Washington, Judge: Chun, Filed On: December 29, 2023, Case #: 2:21cv1389, NOS: Insurance - Contract, Categories: Fraud, Insurance, Contract
J. Chun grants the insured mechanical contractor partial summary judgment for its complaint that the insurance company must cover $355,500 in costs that the contractor incurred in a construction project. The insurance company denied the coverage claim on the assertion that the contractor violated its insurance policy by incurring those costs before the tender on Feb. 24, 2022. However, the prior consent clause it cites is not a "core coverage requirement" that precludes the contractor's claims because it follows the conditional phrase that an average person could interpret that the prior consent clause is a "condition precedent of the agreement."
Court: USDC Western District of Washington, Judge: Chun, Filed On: December 15, 2023, Case #: 2:23cv431, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Chun grants the employee summary judgment for his claim that signing a letter on Aug. 9, 2019, with 20 other employees about the U.S. Environmental Protection Agency's handling of sexual harassment allegations and complaining to the Equal Employment Officer are protected activities. There is precedent for protecting an employee's right to complain about the discriminatory treatment against others in the workplace even if the complainant is not part of the same protected class as the afflicted party.
Court: USDC Western District of Washington, Judge: Chun, Filed On: December 15, 2023, Case #: 2:22cv45, NOS: Employment - Civil Rights, Categories: Employment, Government, Employment Discrimination
J. Chun grants the vessel charterer partial summary judgment for its claim that the owner of M/V Ocean Valor should be held to the technical performance of the Military Sealift Command (MSC) contract, which relates to the owner's complaint accusing the vessel charterer of not fully paying for services provided. The BIMCO time charter party contains references to and outright depends on the MSC contract, which supports incorporation of the contract into the charter; thus, the owner is bound to the MSC contract.
Court: USDC Western District of Washington, Judge: Chun, Filed On: December 11, 2023, Case #: 2:22cv1058, NOS: Marine - Contract, Categories: Admiralty, Contract
J. Chun dismisses without prejudice the shareholders' consolidated amended complaint accusing Amazon and six of its corporate executives of not telling them that Amazon's sales figures were not sustainable. The shareholders do not present any direct evidence about the corporate executives' states of mind nor do they present substantial circumstantial evidence to prove that the corporate executives did what is alleged in the shareholders' complaint.
Court: USDC Western District of Washington, Judge: Chun, Filed On: December 4, 2023, Case #: 2:22cv617, NOS: Stockholders’ Suits - Contract, Categories: Securities
J. Chun denies summary judgment to the owner of M/V Ocean Valor for its complaint that the vessel charterer did not fully pay for services provided. There are disputed facts as to whether the BIMCO time charter party that the vessel owner drafted and sent to the vessel charterer is a fully integrated charter, and there is a dispute on what the vessel owner and the vessel charterer intended the BIMCO charter's fee arrangement to be.
Court: USDC Western District of Washington, Judge: Chun, Filed On: November 21, 2023, Case #: 2:22cv1058, NOS: Marine - Contract, Categories: Admiralty, Contract
J. Chun denies Canpotex Shipping Services' motion to dismiss the marine fuel logistic company's contract and unjust enrichment claims, which are part of the company's lawsuit alleging that the owner did not pay the company for the vessel's fuel. Canpotex claims that a Greek court found that the company does not have viable contractual claims against it, but a Canadian court also determined that the parties do have a contractual relationship, and it would be premature to decide anything before Greece's highest court hears the company's appeal.
Court: USDC Western District of Washington, Judge: Chun, Filed On: November 3, 2023, Case #: 2:15cv172, NOS: Marine - Contract, Categories: Admiralty, Venue, Contract
J. Chun dismisses the arrestee's lawsuit alleging that a detective recommended the arrestee on an affidavit for witness intimidation after the mother of a murder victim accused him of telling her, “We’ll just do to you what we did to Wesley [her son]," for wearing a T-shirt with her deceased son's face on it. The arrestee does not present evidence that the detective's decision to not interview him before submitting the probable cause affidavit qualifies as discriminatory conduct, nor does the arrestee prove that the detective violated due process through false allegations, as none of the supposed allegations are conclusively false.
Court: USDC Western District of Washington, Judge: Chun, Filed On: November 3, 2023, Case #: 2:21cv1203, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Police Misconduct
J. Chun denies Amazon's motion to dismiss the consumers' class action alleging that Amazon uses minimum margin agreements (MMAs) to force the consumers to pay for overpriced products in Amazon's effort to unreasonably restrain competition. The consumers plausibly allege that the MMAs cause "supracompetitive prices or otherwise impair competition" by giving Amazon a monopoly on pricing the supplier's product against other online competition a majority of the time while Amazon receives a minimum margin on each sale regardless of the actual price.
Court: USDC Western District of Washington, Judge: Chun, Filed On: September 7, 2023, Case #: 2:22cv965, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Chun mostly denies the vessel owner's motion to dismiss the marine fuel logistics company's claims alleging the owner did not pay the company for the vessel's fuel. The marine fuel logistics company states a plausible claim for unjust enrichment under Canadian law because Canpotex Shipping Services' alleged failure to pay prevented the marine fuel logistics company from receiving compensation for the bunker fuel it delivered, satisfying a condition to apply Canadian law.
Court: USDC Western District of Washington, Judge: Chun, Filed On: August 18, 2023, Case #: 2:15cv172, NOS: Marine - Contract, Categories: Admiralty, Choice Of Law, Contract
J. Chun denies the city's motion to strike the testimony of the psychiatrist's expert regarding the psychiatrist's lawsuit alleging that the health department invaded his privacy when investigating an anonymous complaint accusing the psychiatrist of engaging in "prostitution solicitation, illicit drug use and child pornography." While the expert misspoke on some issues, his testimony relies on several documents in the record and he can “reexamine any misstatements before trial."
Court: USDC Western District of Washington, Judge: Chun, Filed On: August 17, 2023, Case #: 3:20cv6015, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts, Discovery
J. Chun grants the employee's counsel $92,900 in attorney fees after the employee partially prevailed on his complaint alleging that Secretary of the Navy Carlos Del Toro did not select the employee for an apprentice program because of his age. The employee asks for $347,400 in attorney fees for 800 hours of work, but the hour-by-hour analysis is not feasible because the employee's request includes the work of three attorneys and one paralegal with fluctuating hourly rates over the span of nearly four years.
Court: USDC Western District of Washington, Judge: Chun, Filed On: August 16, 2023, Case #: 3:20cv6095, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Attorney Fees
J. Chun declines to dismiss the college students' claim that Amazon did not give them notice that its Rekognition program collected and stored their facial biometric data when they submitted their images to take multiple remote tests, as the colleges used online testing proctoring software through ProctorU. Amazon argues that it did not know of the biometric data in ProctorU's Amazon cloud-storage accounts and did not have control over that data, but the college students sufficiently allege that Amazon "can access and control their data to perform facial recognition using its Rekognition program."
Court: USDC Western District of Washington, Judge: Chun, Filed On: July 26, 2023, Case #: 2:22cv269, NOS: Other Contract - Contract, Categories: Privacy, Contract, Technology
J. Chun dismisses the developer's alleging that Starbucks manufactured and sold the developer's coffee-flavored lip balm after the developer and Mehmet Cengiz, also known as "Dr. Oz," pitched the product under the promise of confidentiality. The developer's claim is time-barred because it filed this action after the applicable statutes of limitations expired, and neither statutory tolling or equitable tolling apply because the developer does not allege that its claims are statutorily tolled or contain bad faith allegations.
Court: USDC Western District of Washington, Judge: Chun, Filed On: July 26, 2023, Case #: 2:22cv1501, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Chun dismisses the reviewer's claim that Amazon wrongfully revoked his ability to post book reviews on Amazon's website, which Amazon cited was because of the reviewer's repeatedly guideline violations. The reviewer's contract claim fails because he does not identify any provision in the contract's conditions and guidelines that Amazon allegedly breached. Even if he did identify a breached provision, the contract's plain language grants Amazon "sole discretion" in removing reviews and revoking such privileges.
Court: USDC Western District of Washington, Judge: Chun, Filed On: July 18, 2023, Case #: 2:22cv1094, NOS: Other Statutory Actions - Other Suits, Categories: Contract
J. Chun grants default judgement to the Texas corporation for its claim that the Chinese corporation unlawfully copied 19 of the former's original photographs and used them to market its products on Amazon. A reasonable consumer would likely confuse the Chinese corporation's copies with the Texas corporation's products because the images and titles that the Chinese corporation used in its Amazon listings are identical to the Texas corporation's photographs and marks. The Texas corporation is entitled to an injunction and $47,900 in costs.
Court: USDC Western District of Washington, Judge: Chun, Filed On: June 27, 2023, Case #: 2:22cv1413, NOS: Copyrights - Property Rights, Categories: Copyright, Damages, Injunction
J. Chun denies summary judgment to the U.S. Department of Justice for the nonprofit organization's claim that the department improperly invoked exemption 6 in redacting the alleged tortfeasors’ names who are Drug Enforcement Administration employees, which relates to the nonprofit's FOIA request seeking disclosure of records of “all litigation against the [DEA] and/or its employees or agents where the [DEA] and/or its insurers paid $1,000 or more to resolve claims.” Revealing the alleged tortfeasors' names would not constitute an unwarranted invasion of personal privacy when weighed against the significant interests favoring disclosure.
Court: USDC Western District of Washington, Judge: Chun, Filed On: June 22, 2023, Case #: 2:20cv674, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Public Record, Discovery
J. Chun partially grants default judgment to the labor-management employee-benefit trust funds for their claim that the corporation owes them $100,100 for unreported and unpaid contributions for the audit period between January 2020 and December 2021. The corporation never obtained substitute counsel to defend itself after its counsel withdrew and the trust funds calculated their damages for this period based on the auditor's declaration and the audit report, so they are entitled to damages.
Court: USDC Western District of Washington, Judge: Chun, Filed On: June 14, 2023, Case #: 2:21cv1040, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, Damages