24 results for 'judge:"Dorsey "'.
J. Dorsey grants Citibank's motion compel arbitration. Though the husband was an authorized user on his wife's account, he says it was improper for Citibank to report it because he wasn���t required to pay the balance and, so, it shouldn���t impact his credit. The husband used the Sears credit card he was issued for a number of years, and when he attempted to purchase a home, he found that his credit report contained ���negative information." The husband's credit reporting act claim is based in statute, not contract. The arbitration agreement covers statutory claims. Citibank had the authority to report the account to credit agencies. And the arbitration agreement specifically states that claims brought against it by authorized users are subject to arbitration.
Court: USDC Nevada, Judge: Dorsey , Filed On: May 10, 2024, Case #: 2:24cv222, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Arbitration, Banking / Lending
J. Dorsey grants the emergency motion to stay the case. The investors paid $200,000 to the purchaser of IP addresses on his promise to flip and sell them for a profit. The loan was not repaid, and this claim and counterclaim ensued. An order was entered during discovery compelling an investor to produce medical records after he showed signs of mental incapacity at his deposition. The IP address purchaser now seeks a stay pending a determination as to whether the investor is incompetent to sue without proper representation. The district court is obligated to consider whether a potentially incapacitated litigant is adequately represented.
Court: USDC Nevada, Judge: Dorsey , Filed On: May 3, 2024, Case #: 2:22cv1809, NOS: Other Contract - Contract, Categories: Due Process, Banking / Lending, Technology
J. Dorsey denies the fruit and vegetable supplement manufacturer's motion for a preliminary injunction halting the sale of a company's supplements. The manufacturer accuses the company of copying its trade dress and seeks relief for violations of Nevada common law. Though Nevada has not recognized a common law trade-dress claim or articulated a standard, analysis under the federal Lanham Act reveals little likelihood of success on the claims. The labels are not particularly similar, and selling such supplements as a set and placing a brand name on the top center of a bottle is not unique.
Court: USDC Nevada, Judge: Dorsey , Filed On: May 2, 2024, Case #: 2:23cv2051, NOS: Trademark - Property Rights, Categories: Commerce, Trademark, Business Practices
J. Dorsey denies the Russian car dealer's motion for a preliminary injunction seeking to have his bank account unfrozen. The dealer's appearance at a dealer show was canceled, his cars were transferred to California and his bank account was frozen after the company stopped manufacturing cars when Russia invaded Ukraine. The dealer does not satisfy any standard for injunction. His motion just states the company president's reasons for freezing the account are false, says the account should not have been frozen, and states without evidence the president's actions have damaged the company.
Court: USDC Nevada, Judge: Dorsey , Filed On: April 11, 2024, Case #: 2:22cv1774, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Jurisdiction, Contract
J. Dorsey awards the litigation support company $217,500 in damages in this trademark infringement suit. The infringing company waived its unenforceable penalty defense because of its failure to raise it in a timely manner, which materially prejudiced the other company's ability to obtain and present evidence. The liquidated-damages provision entitles the company to the award.
Court: USDC Nevada, Judge: Dorsey , Filed On: March 19, 2024, Case #: 2:20cv2035, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Damages
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J. Dorsey denies an injured Brazilian tourist's motion to set aside a judgment entered against him. The tourist and his wife were struck by a Hertz vehicle driven by another customer. The tourist's estimation the car return area's design contributed to the crash overstates the alleged misconduct. He has not shown he could not have discovered the experts��� misrepresentations through pretrial diligence or that these errors merit the drastic remedy sought.
Court: USDC Nevada, Judge: Dorsey , Filed On: March 13, 2024, Case #: 2:18cv1522, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Corporations, Vehicle, Negligence
J. Dorsey grants the taxi company's motion to dismiss the concert of action claim. The company's driver filed an insurance claim against the other driver's policy after an accident, causing the other driver's rates to go up. The other driver's concert of action claim says the claim was false but fails to identify a scheme the company had with a lawyer it referred to its driver. The only relevant allegations against the company are that its driver ���most likely��� knew to contact the lawyer from the cab company, which would be familiar with personal injury lawyers.
Court: USDC Nevada, Judge: Dorsey , Filed On: February 29, 2024, Case #: 2:19cv1173, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Insurance, Vehicle
J. Dorsey grants Las Vegas Fire and Rescue's motion for summary judgment on a fire engineer's retaliation and sexual harassment claims after reporting that, during a visit by guests of a coworker, he heard kissing noises in his coworker���s dorm and was shown a 15-second video of ���a man���s genitalia eclipsing the sun." The engineer contends his report led to threats made against him, ostracization and losss of opportunities. The facts fall short of establishing any of the claims. Though visitor policy violations occurred, no evidence shows the engineer's briefly overhearing certain things contributed to the injuries alleged.
Court: USDC Nevada, Judge: Dorsey , Filed On: February 29, 2024, Case #: 2:21cv1405, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Employment Retaliation
J. Dorsey denies the Air Force realty specialist's motion for summary judgment on his employment discrimination claims. Subject to a 2-year probationary period during which he consistently received sub-par performance evaluations as well as reprimands for unprofessional conduct, the specialist was placed on probation. He then filed an informal racial discrimination complaint and was later fired. The Air Force has shown legitimate, nonretaliatory reasons for the termination. Nothing in the record shows that the Air Force used a personnel duties document for evaluating other realty specialists in the same program, or otherwise deviated from standard practice.
Court: USDC Nevada, Judge: Dorsey, Filed On: January 30, 2024, Case #: 2:20cv2281, NOS: Civil Rights - Habeas Corpus, Categories: Evidence, Employment Discrimination, Military
J. Dorsey denies the criminal defense attorney's motion for class certification on her claims the corrections company recorded privileged calls between herself and incarcerated clients, violating federal and state wiretap acts. Common questions do not predominate over individualized consent and damages inquiries as to the proposed class of more than 2,000 attorneys.
Court: USDC Nevada, Judge: Dorsey , Filed On: January 16, 2024, Case #: 2:18cv1280, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Communications, Class Action
J. Dorsey grants summary judgement to the purchaser of an automobile that the seller later repossessed. The purchaser says the car was repossessed before any default on the financing agreement and filed suit for breach of contract, deceptive trade practices and other claims. The seller failed to appear for more than two years, and the clerk entered default against it. The seller was properly served and has not shown good cause to set aside the judgment.
Court: USDC Nevada, Judge: Dorsey , Filed On: January 3, 2024, Case #: 2:21cv20, NOS: Consumer Credit - Other Suits, Categories: Trade, Consumer Law, Contract
J. Dorsey grants the bank���s motion for summary judgment in this suit brought by the disabled former employee alleging that it terminated her position to avoid extending her medical leave. Due to the bank���s restructuring, it has shown a legitimate, nondiscriminatory reason for terminating the employee, and she has failed to submit specific and substantial evidence that its reason is pretextual.
Court: USDC Nevada, Judge: Dorsey, Filed On: October 4, 2023, Case #: 2:19cv934, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Dorsey denies Travelers��� motion for attorney fees in the insurance dispute arising from a claim for water damage to a rooftop swimming pool under renovation. Travelers requested over $2 million in fees after the dispute was finally settled by a timelapse video showing that a tarp was not in place over the pool after the hotel owner had claimed that all precautions were taken. Both parties committed errors during discovery. Travelers has not proven entitlement to sanctions. The judge refers to the case as ���bungled,��� and ���a colossal waste of resources.���
Court: USDC Nevada, Judge: Dorsey, Filed On: September 29, 2023, Case #: 2:16cv2933, NOS: Insurance - Contract, Categories: Insurance, Sanctions, Discovery
J. Dorsey finds in favor of the Ultimate Fighting Championship in fighter Mark Hunt's lawsuit alleging that the UFC booked him in a fight against Brock Lesnar despite knowing that Lesnar was using performance-enhancing drugs. Hunt fails to provide evidence to show that the UFC intentionally encouraged Lesnar to use prohibited substances or that it knew he was using performance-enhancing drugs. "Each of Hunt's fraud theories requires far too many inferential leaps and ignores too much contrary evidence for a reasonable jury to find in his favor."
Court: USDC Nevada, Judge: Dorsey , Filed On: September 26, 2023, Case #: 2:17cv85, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Contract, Racketeering
J. Dorsey dismisses the cognitively disabled patient's civil rights complaint against various Nevada courts alleging that they failed to accommodate his disabilities during his malpractice lawsuit against a treatment center. The state argues that it lacked the ability to control the courts' decisions and no plausible claim is stated, though judicial immunity ultimately shields the judges��� conduct.
Court: USDC Nevada, Judge: Dorsey , Filed On: September 18, 2023, Case #: 2:22cv1164, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Judiciary, Immunity
J. Dorsey grants the private equity investment firm's motion for a temporary restraining order prohibiting its former employee from sharing confidential information, directing him to return it. The firm has shown a likelihood of success on its claim that trade secrets were misappropriated when the employee downloaded confidential files. The district court also grants the firm's motion to seal an exhibit to its motion and to conduct early discovery before a preliminary injunction hearing as releasing the information could potentially damage the firm.
Court: USDC Nevada, Judge: Dorsey , Filed On: September 15, 2023, Case #: 2:23cv1339, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Securities, Trade Secrets, Discovery
J. Dorsey enters final judgment on claims of negligent misrepresentation in favor of a merchant services provider who retained a payment processing firm that failed to transition to the latest chip authenticator technology as promised. The court bases its decision on the testimony of five witnesses and ���voluminous exhibits��� proving that the payment processor negligently misrepresented that it would have a software solution by a compliance deadline. Judgment is entered in favor of the payment processor on all other claims, and the merchant services provider is awarded $1 because the processor's action arose from bad business practices rather than an intent to injure or out of conscious disregard.
Court: USDC Nevada, Judge: Dorsey, Filed On: August 11, 2023, Case #: 2:18cv394, NOS: Other Contract - Contract, Categories: Fraud, Business Practices, Technology
J. Dorsey grants the Taser manufacturer���s motion for summary judgment in this trademark infringement suit brought against its former distributer, which now refurbishes conducted energy weapons and sells them as Tasers. The refurbished weapon seller did not carry its burden to show that the term ���Taser��� has come to mean the entire class of conducted-energy weapons, and not just those with the Taser name. The case will proceed to trial on claims for trademark infringement, false designation of origin, cybersquatting, false advertising based on refurbishment-quality statements as well as deceptive trade practices as to logo-and-mark-use, quality-of-goods, and product superiority and disparagement issues.
Court: USDC Nevada, Judge: Dorsey, Filed On: July 20, 2023, Case #: 2:20cv1344, NOS: Trademark - Property Rights, Categories: Trademark, False Advertising, Technology
J. Dorsey dismisses the aftermarket parts dealer���s counterclaim arising from the suit brought by the services company on allegations that the dealer breached its agreement to sell products to car dealerships by using confidential information to divert business. The dealer says that they are not alleging a private right of action but basing their claim for declaratory relief ���upon the illegality of the ��� agreement.��� No cited authority supports the declaratory relief claim, as pleaded, as capable of standing alone, and the dealer hasn���t demonstrated that amendment could cure the deficit. Dismissal causes no prejudice because the claim is entirely redundant of several affirmative defenses.
Court: USDC Nevada, Judge: Dorsey, Filed On: June 6, 2023, Case #: 2:21cv1121, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Dorsey denies Hertz���s motion to bifurcate the trial arising from a collision in the rental car return area at the Las Vegas airport. The drivers involved have settled with each other, with the not-at-fault driver filing against Hertz saying that the design of the return area was a proximate cause. There is significant overlap between the evidence on liability and damages. Any potential for prejudice does not warrant bifurcation. Hertz will be allowed to file excess pages as the driver has failed to show prejudice by the disparity in page count.
Court: USDC Nevada, Judge: Dorsey, Filed On: May 17, 2023, Case #: 2:18cv1522, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Negligence