14 results for 'judge:"Clarke"'.
J. Clarke dismisses the landlords' complaint that the county's code enforcement officer wrongfully accused the landlords of violating county code by not obtaining agricultural exemptions or structural permits for 20 greenhouse structures and not obtaining electrical permits for the same 20 greenhouses, leading to a citation for $40,000 fine. The landlords do not state a claim for wrongful use of civil proceedings because while they may have a valid defense for the legality of the structures that their tenant built on their property, they do not allege that the code enforcement officer did not have probable cause to issue the citation.
Court: USDC Oregon, Judge: Clarke, Filed On: May 9, 2024, Case #: 1:23cv1607, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Due Process
J. Clarke denies the paramedics summary judgment for the family's complaint alleging that the fire station denied their loved one ambulance care, forcing her domestic partner to drive her to the hospital, and causing her to die from a cardiac event on the way. The paramedics claim that they have qualified immunity, but the family sufficiently argues that their loved one had a constitutional right to be free from state-created danger, which can overcome the presumption of qualified immunity. Also, it is unclear if the paramedics knew the danger they created with their actions.
Court: USDC Oregon, Judge: Clarke, Filed On: April 19, 2024, Case #: 1:22cv161, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Clarke finds in favor of the church for its complaint alleging that the city violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it forced the church to significantly reduce social services, including meal service, during the Covid-19 pandemic. The city's ordinance violates RLUIPA because it is a land use regulation that inhibits the church's ability to feed the ministry, which is part of the church's religion. The ordinance is not the least restrictive way for the city to exercise its interest.
Court: USDC Oregon, Judge: Clarke, Filed On: March 27, 2024, Case #: 1:22cv156, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Covid-19
J. Clarke grants the plaintiff insurer's request for a declaration that the defendant insurer is obligated to indemnify their mutual insureds in an underlying construction injury suit. The property owner and lessee named in the underlying case qualify as additional insureds under defendant's policy, and the wrap-up exclusion does not bar coverage.
Court: USDC Southern District of New York, Judge: Clarke, Filed On: March 15, 2024, Case #: 1:22cv364, NOS: Insurance - Contract, Categories: Insurance, Contract
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J. Clarke denies the accuser's motion to proceed anonymously in this suit alleging that famous rapper Sean Combs, aka Diddy, and the president of Combs' record label, Harve Pierre, gang raped her along with a third man when she was a teenager. Permitting the accuser to remain anonymous undermines the defendants' ability to find witnesses to build their defense, and the accuser cannot identify any particularized harm she would suffer as a result of disclosure that outweighs the public's interest in open judicial proceedings.
Court: USDC Southern District of New York, Judge: Clarke, Filed On: February 29, 2024, Case #: 1:23cv10628, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Assault
J. Clarke grants the lender's motion to dismiss a breach of contract action stemming from its retraction of an approved loan after it sent a letter of intent. Though the lender's agent repeatedly told the business owner she was "good to go," and that everything "looked good," and she should go ahead and put down a deposit with a commercial landlord, the lender cannot be bound by these statements.
Court: USDC Southern District of New York, Judge: Clarke, Filed On: November 13, 2023, Case #: 1:23cv2349, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Clarke denies the city summary judgment on the bar patron's Americans with Disabilities Act claims in his lawsuit alleging that officers wrongfully arrested him for alleged disorderly conduct for throwing pebbles at a bar. The bar patron says he is a paraplegic whose electric wheelchair was dying, so he shouted and threw pebbles at the bar's building to get someone's attention and assistance to a nearby bus stop. The bar patron sufficiently questions whether the city and its officers could have used an ADA accessible taxi as an available alternative to transport him.
Court: USDC Oregon, Judge: Clarke, Filed On: November 9, 2023, Case #: 1:20cv49, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act
J. Clarke denies summary judgment to the paint manufacturer against the competitor's trade secrets counterclaims. The competitor raises sufficient questions about whether the Wipe New formula is a trade secret as its formula and the use of Durazane was not publicly known when the parties signed the sales agreement, so it is possible that the paint manufacturer misappropriated the formula.
Court: USDC Oregon, Judge: Clarke, Filed On: October 23, 2023, Case #: 1:18cv1655, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Clarke finds in favor of the federal government for its claim that the county government office's 1943 contract and 1977 water permit do not allow it to make unauthorized water diversions from Klamath River, and that the water diversion limits the available habitat of the shortnose sucker and other local endangered species. Although the 1943 contract allows the county government office to take a maximum of 27,500 acre-feet of water per year under normal circumstances, there is a valid and legal exception during times of drought, such as what happened in 2022, meaning the county government office violated the terms of the contract.
Court: USDC Oregon, Judge: Clarke, Filed On: September 11, 2023, Case #: 1:22cv962, NOS: Other Contract - Contract, Categories: Environment, Water, Contract
J. Clark affirms the state government department's July 2023 orders denying stays regarding the property owners' claim that the water diversions from the Upper Klamath Lake (UKL) would not have caused substantial harm to the Klamath Tribe. Diverting the water from UKL as the property owners intended would have brought UKL to lake levels that would leave the tribe's water rights unfulfilled, which qualifies as substantial harm because that would deprive the tribe, fish listed under the Endangered Species Act, and senior appropriators of the necessary water.
Court: USDC Oregon, Judge: Clarke, Filed On: August 9, 2023, Case #: 1:23cv930, NOS: Other Statutory Actions - Other Suits, Categories: Environment, Native Americans, Water