15 results for 'judge:"Evanson"'.
J. Evanson grants the consumer's motion to amend his class action alleging that Amazon entered into an agreement with Apple to ban third-party Apple vendors from Amazon's marketplace, forcing the consumers to spend more on Apple's products. Despite their arguments to the contrary, Amazon and Apple do not show that the consumer's potential inadequacy as a class representative qualifies as an inherent defect, and there is no undue delay in amending the complaint.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: May 6, 2024, Case #: 2:22cv1599, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Evanson denies summary judgment to the music photographer for his complaint that the music streaming service used his licensed photo of Jamaican musician Lincoln Barrington “Sugar” Minott without permission. Neither the music photographer nor the music streaming service are entitled to summary judgment because there are factual disputes as to whether the music streaming service's owner had the right to use the photograph by implied or expressed license.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: May 3, 2024, Case #: 2:23cv470, NOS: Copyrights - Property Rights, Categories: Copyright
J. Evanson denies the police officer summary judgment for the family's 14th Amendment claim in their complaint accusing the city's officers of wrongfully and fatally shooting their loved one on Nov. 1, 2020, after they attempted to bring him in for questioning for a domestic violence situation. The city concedes that it is unclear if the police officer is entitled to qualified immunity because the court denied its motion to strike evidence that the family relied on in their opposition.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: April 19, 2024, Case #: 3:22cv5759, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Evanson denies the insurance company's motion for summary judgment on the passenger's Insurance Fair Conduct Act claim in her lawsuit alleging that the insurance company must provide additional coverage related to an accident caused by another driver while she rode in a vehicle covered by the insurance company. Washington courts do not yet agree on whether an IFCA claim can survive if an insurer has paid to the policy limits, though two cases in Washington appellate courts are debating this topic.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: February 14, 2024, Case #: 2:22cv1561, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Evanson finds in favor of the employer for its lawsuit seeking to enforce a Subrogation and Right of Recovery provision of its health benefits plan in order to recover a portion of the former employee's settlement funds equal to the medical benefits the employer paid out after the employee was injured in a car accident. The employer is entitled to a $73,300 judgment and attorney fees, because while the employee argues that it would be unfair to let the employer make itself whole through reimbursement because she was not made whole in her settlement of the New York action, its Health and Welfare Plan explicitly states that the employer's right to reimbursement trumps her right to be made whole.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: January 18, 2024, Case #: 2:20cv1551, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Settlements
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J. Evanson denies the Bellevue hair transplantation clinic's motion dismiss the Seattle hair transplantation clinic's counterclaim, which opposes the lawsuit asserting that the Seattle clinic will not stop infringing on the Bellevue clinic's "advanced hair restoration" and "advanced hair" trademarks. The Seattle clinic argues that the Bellevue clinic's trademarks are invalid because they are confusingly similar to the former's trademarks, which is arguable because consumers could confuse the phrases “Advanced Hair," “Advanced Hair Restoration, “The Art and Science of Hair Restoration” and “The World's Most Experienced Hair Restoration" that both parties use for their trademarks.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: December 29, 2023, Case #: 2:23cv1031, NOS: Trademark - Property Rights, Categories: Trademark
J. Evanson grants the consent decree between the nonprofit organization and the general contractor for the former's complaint accusing the latter of discharging stormwater and other pollutants into the Duwamish Waterway, which flows to Puget Sound. Among other stipulations, the general contractor will electronically forward copies of all submissions and written communications for the facility to the nonprofit organization on a monthly basis.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: December 20, 2023, Case #: 2:22cv848, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements, Water
J. Evanson grants the cruise line's motion to compel arbitration in the executive housekeeper's lawsuit accusing the cruise line's manager of making her sign a seagoing employment agreement (SEA) after she sought medical attention for an asthma attack on shore. The April 2014 SEA is not void for lack of consideration, because while the January 2014 SEA was still in effect when the executive housekeeper signed the April 2014 SEA, both of the contracts have the same language regarding arbitration, which is in effect for both of them.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: December 11, 2023, Case #: 2:22cv1111, NOS: Marine - Contract, Categories: Admiralty, Arbitration, Contract
J. Evanson grants the employees' motion to compel the brewery chain to produce a fully copy the Stroz Friedberg report, engagement letter and all scopes of work for the employees' lawsuit accusing the brewery chain of not protecting their personal identifiable information during a ransomware attack. The brewery chain withheld nearly all information related to the breach and its response to it on privilege grounds during the discovery process, and the delegation of business functions to an attorney is not sufficient to shield it from discovery.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: December 6, 2023, Case #: 2:22cv94, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fiduciary Duty, Discovery, Class Action
J. Evanson grants intervenor Talisman Specialty Underwriters' motion to intervene in the insurance company's complaint that the independent managing general underwriter and excess surplus line broker fraudulently claimed to be the insurance company's subagent to bind it to hundreds of unauthorized insurance policies. Talisman shows that its interests are not adequately represented in this case, because while the broker and Talisman both want the broker to continue issuing the insurance policies, both have different motives as Talisman wants to enforce its alleged rights under the managing general agent agreement with the insurance company while the broker wants to enforce its rights under the delegating underwriting agreement with Talisman. This case is stayed pending adjudication of the insurance company's lawsuit against Talisman.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: November 28, 2023, Case #: 2:23cv1473, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Evanson finds in favor of United Airlines against the station operations representative's complaint that United did not accommodate her diabetes, which meant not performing the jetbridge operation, so that she could retain her position. The employee does not cite any evidence that contradicts United's definition of her job, nor does she cite any authority supporting her claim that United should have allowed her to perform the job even if it contradicted her medical restrictions.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: November 21, 2023, Case #: 2:21cv1320, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Evanson grants in part the customer’s claim that the insurance agency had the call center send pre-recorded calls even though he is on the national Do Not Call registry. The customer does not present sufficient evidence from the contract between the insurance agency and the call center that the insurance agency knew what the call center allegedly did, so the former cannot be held vicariously liable for the latter’s alleged activities. The insurer’'s motion to stay discovery in the alternative to bifurcate discovery is denied. If the customer wants to file an amended complaint, he must do so within 14 days of this order.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: October 11, 2023, Case #: 2:23cv16, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Insurance, Consumer Law, Discovery
J. Evanson denies partial summary judgment to the insureds in their complaint seeking coverage of their claim for when a drunk driver crashed onto their property, damaging their “stamped finish colored concrete driveway.” A reasonable juror could weigh the evidence presented and determine that the insurance company acted reasonably over the course of its investigation of the insureds' claim.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: October 2, 2023, Case #: 2:21cv1377, NOS: Insurance - Contract, Categories: Insurance
J. Evanson grants default judgment in the amount of $193,900 to the joint labor-management funds for their claim that the excavating company did not make the required employee benefit contributions. The joint labor-management funds are entitled to default judgment, because they adequately established that the excavating company is an employer that must pay contributions under the trust agreements, and the amount the joint labor-management funds seek is supported by the trust agreements and other evidence.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: September 14, 2023, Case #: 2:22cv829, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence