9 results for 'judge:"Hsu"'.
J. Hsu grants final approval of a class action settlement and grants approval of attorney fees and costs in a suit brought by actors who worked as a background or stand-in actor on television shows produced by CBS or Eye Productions and filmed in New York or California between March 30, 2014 and October 22, 2022. The all-inclusive gross settlement amount of $4 million and $1,333,333 in attorney fees are fair and reasonable.
Court: USDC Central District of California, Judge: Hsu, Filed On: February 21, 2024, Case #: 2:20cv2965, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Hsu denies a family's motion for permanent injunction preventing further discrimination but grants in part their fee award regarding allegations that the military did not provide their daughter with a reasonable accommodation for her learning disability. "The Court is loath to impede on military operations by requiring an equitable remedy that exceeds the harm the jury found in this case." After a reduction in hours and hourly rate, a fee award of $351,780 and costs of $22,029 are granted.
Court: USDC Central District of California, Judge: Hsu, Filed On: February 1, 2024, Case #: 5:22cv931, NOS: Housing/Accommodations - Civil Rights, Categories: Housing
J. Hsu grants an employer's motion to dismiss an employee's allegations of disability discrimination and wrongful termination. The employee suffered a ruptured brain aneurysm and had surgery and was hospitalized. She alleges that she returned to work but continued to suffer symptoms, and after requesting medical leave, she was fired. The employee has not shown that she is “a qualified individual eligible for FEHA’s protections" as she has not shown that she was able to perform her essential duties with or without reasonable accommodations. The employee is granted leave to amend.
Court: USDC Central District of California, Judge: Hsu, Filed On: November 27, 2023, Case #: 2:23cv5906, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Hsu finds in favor of English singer-songwriter Sam Smith and Normani over their song "Dancing With a Stranger," whose melodic phrase allegedly infringed on another artist's song of the same name. The melodic phrases are not substantially similar and each song's melody has a different shape. The phrase “dancing with a stranger” is not unique enough to be protected by copyright.
Court: USDC Central District of California, Judge: Hsu, Filed On: September 6, 2023, Case #: 2:22cv1508, NOS: Copyrights - Property Rights, Categories: Copyright
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J. Hsu grants an adult film company's motion to dismiss and grants an actress and model's motion to remand the remaining claim in a wage-and-hour dispute. The actress alleges that she was misclassified as an independent contractor and was not paid for all hours worked. The actress presents "generic allegations that fail to meet the plausibility pleading standard." However, she is granted leave to amend her claims with factual support. Her claim for unpaid wages under California’s Unfair Competition Law is severed and remanded to state court.
Court: USDC Central District of California, Judge: Hsu, Filed On: August 30, 2023, Case #: 2:23cv4901, NOS: Other Labor Litigation - Labor, Categories: Employment
J. Hsu finds in favor of the government against the parents' wrongful death lawsuit alleging that their son drove on a motorbike into the area surrounding the Whittier Narrows Dam and died because he crashed into a chain that the government's employee strung across a broken gate. The parents do not prove that the government and its employees exhibited a "conscious failure to act to avoid peril," because the employee painted the chain yellow, placed caution tape by the broken gate, and attempted to fix the gate immediately but could not do so at the time.
Court: USDC Central District of California, Judge: Hsu, Filed On: August 9, 2023, Case #: 2:21cv9377, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort, Wrongful Death
J. Hsu partially grants the vehicle owner’s motion for attorney fees following a settlement with Jaguar Land Rover of his lemon law and contract lawsuit. Not all of the billed hours are reasonable, as some of the entries show multiple attorneys performing the same work or spending an unreasonably long time on a task. Counsel is entitled to a positive multiplier of 0.10 for taking the case on a contingency basis, but is not entitled to the requested 0.20 multiplier because the case was largely routine. Counsel is awarded $39,191 in fees.
Court: USDC Central District of California, Judge: Hsu, Filed On: August 7, 2023, Case #: 2:22cv6508, NOS: Other Contract - Contract, Categories: Warranty, Attorney Fees, Contract
J. Hsu denies in part an employer's motion to dismiss decedent's family's allegations that their loved one suffered a fatal heart attack while heading home from work due to the employer overworking the employee, refusing to provide breaks and not paying overtime or all wages due. An executive director at the company is not a necessary party and appears to have been added to destroy diversity. Claims against the executive director are dismissed, but the remaining claims against the employer for violations of the California Labor Code continue.
Court: USDC Central District of California, Judge: Hsu, Filed On: July 12, 2023, Case #: 2:23cv691, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Wrongful Death