21 results for 'judge:"Curiel"'.
J. Curiel dismisses the investors' claims that the owners of a medical imaging company fraudulently induced them to invest $3.5 million into the company through Simple Agreements for Future Equity (SAFE Notes). The investors have not shown that it is inevitable that the company will fail or that they will not recover their investment. Without sufficiently alleging economic loss, the investors cannot show that the owners of the company made misrepresentations that caused a loss.
Court: USDC Southern District of California, Judge: Curiel, Filed On: May 7, 2024, Case #: 3:22cv1917, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Curiel finds that the insurance company breached the covenant of good faith and fair dealing when it unreasonably rejected the $15,000 policy limits settlement offered by a motorist who was injured in a car accident caused by the insured. Despite being informed multiple times that the motorist had not been able to work since the accident, the insurance company assessed $0 for lost wages. There was plenty of documentation to show that the motorist would have been entitled to a judgment over $15,000.
Court: USDC Southern District of California, Judge: Curiel, Filed On: May 7, 2024, Case #: 3:23cv777, NOS: Insurance - Contract, Categories: Insurance
J. Curiel awards class counsel $246,000 in attorney fees following the settlement of the customers' class action accusing The Children's Place of falsely advertising that its items were discounted when they were not. Although the amount represents 42% of the settlement's redeemed coupon value, this is appropriate due to the 2,000 hours counsel put in and the fact that The Children's Place agreed not to contest a fee award as high as $1.08 million. This is not a windfall for class counsel.
Court: USDC Southern District of California, Judge: Curiel, Filed On: April 30, 2024, Case #: 3:16cv370, NOS: Other Fraud - Torts - Personal Property, Categories: Unfair Competition, Attorney Fees, False Advertising
J. Curiel rules that a former employee may pursue invasion of privacy claims against his former employer for requiring his medical and religious information so that he could obtain an exemption for the employer's mandatory Covid-19 vaccine policy. "While reporting whether one has received the Covid vaccines" to Human Resources has a fairly minimal impact on an individual's privacy interests, "disclosing medical or religious information to obtain an exemption" may have a larger implication on privacy interests.
Court: USDC Southern District of California, Judge: Curiel, Filed On: April 5, 2024, Case #: 3:23cv580, NOS: Employment - Civil Rights, Categories: Employment, Privacy, Covid-19
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J. Curiel rules that a class of consumers may pursue invasion of privacy claims against Carnival for allegedly using embedded recording technology on its travel website without disclosure. Although a cookie policy banner is visible to a user without scrolling, it is smaller than the rest of the typeface found on Carnival's homepage and is placed far below the relevant buttons a user can click. Carnival has not shown that the banner appears immediately or persists for the entirety of a user's visit, so the consumers have sufficiently alleged that they did not consent to the interception of their communications.
Court: USDC Southern District of California, Judge: Curiel, Filed On: January 19, 2024, Case #: 3:23cv236, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Privacy
J. Curiel denies San Diego County's motion in limine in litigation concerning the termination of a chief medical officer during a Hepatitis outbreak. The county is not entitled to investigate the chief medical officer's mental health state during the outbreak and his eventual response to Covid-19. Also, the county's motion to preclude comments on whether its conduct in terminating the chief medical officer was "fair" is overly broad and premature.
Court: USDC Southern District of California, Judge: Curiel, Filed On: November 14, 2023, Case #: 3:21cv1575, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Discovery
J. Curiel dismisses the auto company's claim against the union for breach of the collective bargaining agreement under the Labor Management Relations Act. The company alleges that it suffered an injury because Interstate Batteries, a neutral employer that delivers automotive batteries to the company, was induced to intercede in the labor dispute between the company and the union. However, this allegation is not sufficient to allege an injury to support standing.
Court: USDC Southern District of California, Judge: Curiel, Filed On: November 2, 2023, Case #: 3:22cv1987, NOS: Labor/Management Relations - Labor, Categories: Labor / Unions
J. Curiel rules that family members may pursue assault and battery claims against a police department concerning the shooting death of an individual who suffered from serious mental illness. The family members sufficiently allege that police officers shot the individual 10 times in the back of his head and body after they discovered he was carrying a machete, and then failed to obtain medical care in a timely manner, even though he was clearly experiencing a mental health crisis.
Court: USDC Southern District of California, Judge: Curiel, Filed On: August 17, 2023, Case #: 3:22cv1657, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Curiel denies the law firm's motion for judgment as a matter of law, finding that there was sufficient evidence at trial to support the jury's finding that the law firm was part of a scheme to make convenience stores believe they were selling illegal products in order to extort cash payments from the stores. Evidence introduced at trial showed that the law firm did not test the products to determine whether they contained artificial prescription drugs before sending demand letters and ignored internal concerns as to whether the firm was suing stores that were not actually selling pills with pharmaceuticals in them.
Court: USDC Southern District of California, Judge: Curiel, Filed On: August 4, 2023, Case #: 3:18cv840, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Racketeering
J. Curiel grants an insurance company's motion for summary judgment on its claims that a policy issued to a payroll company does not cover costs of a lawsuit for assault and battery brought by a former employee. The insurance company sufficiently shows that the payroll company requested via email to cut out a significant amount of coverage.
Court: USDC Southern District of California, Judge: Curiel, Filed On: June 12, 2023, Case #: 3:22cv1322, NOS: Insurance - Contract, Categories: Insurance