69 results for 'judge:"King"'.
J. King awards each of the survivors $150,000 in liquidated damages for their complaint asserting that they should receive damages for the convicted having images depicting the sexual abuse of the survivors as children. The survivors are entitled to default judgment because they prove that they suffered damages from the existence and possession of these images, and the convicted's lack of participation in this litigation will prejudice the survivors if they do not receive default judgment.
Court: USDC Western District of Washington, Judge: King, Filed On: April 29, 2024, Case #: 2:23cv803, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages
J. King finds in favor of the city against the protester's complaint that several of the city's unnamed officers used unreasonable force against her during a Seattle protest against George Floyd's murder on the night of June 7, 2020. The protester's First Amendment claim fails because he was not protesting or filming for journalistic purposes, he violated dispersal orders, and he does not produce any evidence that the police retaliated against him or the crowed for protected activities.
Court: USDC Western District of Washington, Judge: King, Filed On: April 24, 2024, Case #: 2:21cv1343, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Police Misconduct
J. King finds the lower court properly denied the defendant's suppression motion. Police tracked a pair of men that vaguely matched the description witnesses of a murder gave. The two men carried small black bags. An officer approached the pair at an apartment complex, and they immediately tried to escape, but the defendant was unsuccessful. Before the officer could cuff the defendant, he flung his bag into the courtyard below. Inside the bag was a pistol matching the description of the murder weapon, along with cannabis. The defendant argued the officer had no right to search through his bag, but the defendant relinquished ownership of the bag when he threw it away. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: April 9, 2024, Case #: 23-4179, Categories: Evidence, Firearms, Murder
J. King grants the consumer credit reporting agency's motion to compel arbitration in the consumer's complaint that the former refused to delete inaccurate information from his credit files. The arbitrator provision of the parties' contract is clear that the arbitrator has exclusive authority to resolve disputes "relating to...any...term of this agreement," and the consumer credit reporting agency did not waive its right to arbitration when it did not raise an affirmative defense.
Court: USDC Western District of Washington, Judge: King, Filed On: April 8, 2024, Case #: 3:23cv5294, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Contract
J. King grants the pet products company an injunction regarding its complaint that the store is manufacturing and selling products, including a pet hair remover, that infringe on the pet products company's patent. The pet products company shows that the store infringed on its copyright, and evidence shows that an injunction serves in the public interest as opposed to harming the public interest.
Court: USDC Western District of Washington, Judge: King, Filed On: March 31, 2024, Case #: 2:20cv1768, NOS: Patent - Property Rights, Categories: Copyright, Patent, Injunction
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J. King denies Brooks Sports' motion for $1 million in attorney fees for the shoemaker's complaint that Brooks infringed on the shoemaker's patent titled, “Shoe with Cushioning and Speed Enhancement Midsole Components and Method for Construction Thereof.” The counsel's failure to "carry the day" before the Patent Trial and Appeal Board and the shoemaker's failure to obtain and test the accused DNA material does not make this case exceptional, and thus does not justify the request.
Court: USDC Western District of Washington, Judge: King, Filed On: March 31, 2024, Case #: 2:17cv1322, NOS: Patent - Property Rights, Categories: Patent, Attorney Fees
J. King remands to the arbitrator the food company's complaint that it did not breach the collective bargaining agreements by trying to vacate the award in the unions' favor or by filing an unfair labor practice charge with the National Labor Relations Board. The arbitrator should handle this dispute, because the food company does not cite any evidence that the arbitrator "cannot account for the back pay tolling issue when specifying the proper 'formulae' for implementing the 'make whole' remedy and conducting the back pay calculation on remand."
Court: USDC Western District of Washington, Judge: King, Filed On: March 30, 2024, Case #: 2:19cv1736, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Evidence, Labor
J. King partially grants the trust funds' motion to compel an audit for their complaint alleging that the glazing work company did not remit reports and fringe benefit contributions to the trust funds for each hour of covered labor performed by its employees. The trust funds sufficiently allege that collective bargaining agreements and trust agreements give them the authority to audit participating employers' payroll records. The glazing work company must submit its payroll and related records to the trusts funds and their auditors, so they can complete an audit in accordance with the CBA and trust agreements.
Court: USDC Western District of Washington, Judge: King, Filed On: March 29, 2024, Case #: 2:22cv1831, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Discovery
J. King awards the employee $2,000 for his complaint that the dentist and the dental practice did not pay him $4,500 in bonuses for when he worked at the dental practice. A $1,000 bonus falls under Washington’s Wage Rebate Act because the employee accepted the dentist's offer to pay a $1,000 bonus, creating a "real promise" to pay the $1,000. Furthermore, because the dentist willfully failed to pay the bonus, the employee is entitled to recover an extra $1,000.
Court: USDC Western District of Washington, Judge: King, Filed On: March 25, 2024, Case #: 3:20cv6173, NOS: Employment - Civil Rights, Categories: Employment
J. King finds the lower court properly sentenced the defendant for using a firearm during and in relation to a crime of violence or drug trafficking crime. The defendant, convicted of the Violent crimes in aid of racketeering activity murders of 10 drug dealing competitors, argues their murder charges do not count as crimes of violence. Because the offenses involved physically committing a murder, and the murder was committed for a pecuniary purpose or for the purpose of gaining entrance to or maintaining or increasing position in the enterprise, they continue to count as crimes of violence. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: March 18, 2024, Case #: 22-5, Categories: Death Penalty, Drug Offender, Murder
J. King partially denies the labor union's motion to stop the general contractor from deposing Local 174 officer Rick Hicks in the contractor's complaint alleging that the labor union caused monetary damages when it initiated a strike in five of the general contractor's work sites. The labor union argues that Hicks should not be deposed because he is a “high-ranking officer” with the Local 174 and “has no unique, personal knowledge of any fact material to this case that is not also available from a less intrusive source," but the general contractor is entitled to question Hicks about his June 17, 2022 letter encouraging some drivers not to cross the picket lines.
Court: USDC Western District of Washington, Judge: King, Filed On: March 18, 2024, Case #: 2:22cv1631, NOS: Labor/Management Relations - Labor, Categories: Discovery, Labor / Unions
J. King finds the lower court properly sentenced the defendant for using a firearm during and in relation to a crime of violence or drug trafficking crime. The defendant, convicted of the violent crimes in aid of racketeering activity murders of 10 drug dealing competitors, argues their murder charges do not count as crimes of violence. Because the offenses involved physically committing a murder, and the murder was committed for a pecuniary purpose or for the purpose of gaining entrance to or maintaining or increasing position in the enterprise, they continue to count as crimes of violence. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: March 18, 2024, Case #: 23-1, Categories: Death Penalty, Drug Offender, Murder
J. King finds that the lower court properly denied a man’s petition against a former lover for paternity testing of her child, who was conceived at a time when she was having sexual relations with both her husband and the appellant. The court assumes the paternity of the husband because the marriage is in tact. Affirmed.
Court: Pennsylvania Superior Court, Judge: King, Filed On: March 5, 2024, Case #: J-A02018-24, Categories: Civil Procedure, Guardianship
J. King dismisses the homeowners' complaint alleging that the bank is not allowed to sell their home because the homeowners never signed the loan securing note and thus the later foreclosure sale on their property was “bogus.” The homeowners already raised this claim in prior litigation, which was rejected, and they claim that their debt was forgiven in 2006 despite there being no evidence of that.
Court: USDC Western District of Washington, Judge: King, Filed On: February 28, 2024, Case #: 2:23cv1801, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, Foreclosure
J. King denies the retail company's motion to compel arbitration in the customer's class action accusing the retail company of using fake time-limited discount offers. The retail company's arbitration clause contains a carveout provision for actions that seek injunctive relief, so the customer's suit falls outside the scope of the arbitration agreement. However, because a forum selection clause is also contained in the carveout provision, the parties must show cause within 21 days as to why the case should not be transferred to the Southern District of California.
Court: USDC Western District of Washington, Judge: King, Filed On: February 13, 2024, Case #: 2:23cv408, NOS: Other Contract - Contract, Categories: Arbitration, Class Action, Contract
J. King finds in partial favor of the county against the gas company's complaint that the county stopped accepting the plant condensate, a byproduct of its landfill gas conversion process, resulting in the closure of the gas company's landfill gas processing plant. The gas company argues that the plant condensate eventually makes its way to Puget Sound so the gas company's operations are subject to a Clean Water Act permit, but the plant condensate goes through a complicated process before reaching Puget Sound without traveling through a non-point source like the groundwater in the cited "County of Maui" to navigable waters.
Court: USDC Western District of Washington, Judge: King, Filed On: February 9, 2024, Case #: 2:23cv542, NOS: Other Contract - Contract, Categories: Environment, Water, Contract
J. King finds the lower court properly denied the defendant's motion to suppress evidence that police seized from his house. The defendant's wife told officers when they attempted to execute an arrest warrant at the defendant's home that another grown woman, two children, and a dog were in the residence, giving the officers credible reason to conduct a sweep of the home to ensure the civilian's safety. While conducting the sweep, an officer found guns and THC gummies. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: January 23, 2024, Case #: 22-4536, Categories: Drug Offender, Evidence, Firearms
J. King finds the lower court properly denied class certification to the counseling company. In this putative class action, where 1000s of recipients accused the financial group of sending unsolicited advertisements by fax, the 59,000 recipients were each sent the fax individually or by an online fax service that is not reached by current law. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: January 22, 2024, Case #: 22-1119, Categories: Communications, Consumer Law, Class Action
J. King grants T-Mobile's motion to compel to arbitration the customers' suit claiming that T-Mobile did not secure their proprietary network information from fraudulent "SIM swaps" that allowed hackers to access the customers' financial accounts. The customers, or someone on their behalf, signed a binding agreement to arbitrate.
Court: USDC Western District of Washington, Judge: King, Filed On: January 22, 2024, Case #: 2:22cv1805, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Class Action, Contract
J. King finds the lower court improperly dismissed the wrongful death claim. The mother and the flooring company, accused of selling laminated floors that emitted illegal and unsafe levels of formaldehyde, entered into a settlement in regard to her consumer protection claim but not her wrongful death claim. Vacated.
Court: 4th Circuit, Judge: King, Filed On: January 17, 2024, Case #: 22-1643, Categories: Consumer Law, Jurisdiction, Wrongful Death
J. King denies the trusts' motion for a protective order staying discovery until they answer the plan participant's operative complaint, a class action accusing the trusts of not providing him with enough information to make an informed decision about his retirement plans and retroactively suspending part of his accrued retirement benefits. The trusts argue that the plan participant's first set of requests for production involve sensitive information regarding over 465,000 plan participants since 1983 and would require at least 28 million document pages, but the trusts do not address whether the alleged thousands of hours of discovery they anticipate could be eased with technology-assisted review or other discovery tools.
Court: USDC Western District of Washington, Judge: King, Filed On: December 18, 2023, Case #: 2:23cv922, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Discovery
J. King partially grants the insureds' motion to seal exhibits and to voluntarily dismiss plaintiff Bryan Gage from their class action alleging that the pet insurance company charged unlawful and excessive monthly premiums based on factors such as pet age. The pet insurance company does not object to sealing the documents that “contain plaintiff Bryan Gage’s personal cell phone number and current home address," nor does it object to the dismissal of Gage from this case.
Court: USDC Western District of Washington, Judge: King, Filed On: December 14, 2023, Case #: 2:20cv421, NOS: Other Contract - Contract, Categories: Insurance, Class Action, Contract
J. King dismisses the freight forwarding service's lawsuit accusing its former employee of fraudulently submitting invoices for services rendered to the freight forwarding service's Mexican branch by a company in which the former employee holds shares. The freight forwarding service exceeded the scope of its leave to amend its complaint by adding new claims for contract and quasi-contract while reusing old and uncompelling facts from its previous amendments.
Court: USDC Western District of Washington, Judge: King, Filed On: December 6, 2023, Case #: 2:20cv349, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. King awards the insured $582,200 in non-economic damages in his lawsuit trying to collect on an underinsured motorist policy after he was injured in a vehicle collision and suffered a mild traumatic brain injury. The insured presents sufficient evidence that his injury and attendant cognitive deficits impair, and will continue to impair, his ability to lead a normal life. The insurance company does not sufficiently argue that the insured's ability to enjoy some of his former hobbies negates the seriousness of his injuries.
Court: USDC Western District of Washington, Judge: King, Filed On: December 4, 2023, Case #: 2:20cv1250, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract
J. King finds the district court improperly allowed the Texas residents to seek prospective relief against state employees involved in the state's taking of their unclaimed property. The residents have not demonstrated standing to seek prospective relief and have not met their burden to proceed with constitutional claims under the immunity exception. Reversed.
Court: 5th Circuit, Judge: King , Filed On: November 16, 2023, Case #: 22-50828, Categories: Constitution, Property, Immunity
J. King grants the Deferred Action for Childhood Arrivals (DACA) participant final approval of the class action settlement, attorney fees and costs for his claim that the credit union denied his second auto loan application after accepting his first because his DACA documentation was "not acceptable for financing," and that the credit union wrongfully conducted hard credit pulls that lowered his and other non-citizen residents' credit scores. The settlement will award $759 in damages to each of the 246 settlement class members and provide prospective relief intended for non-citizens who apply for future loans or membership with the credit union, weighs in favor of approval.
Court: USDC Western District of Washington, Judge: King, Filed On: November 9, 2023, Case #: 3:21cv5148, NOS: Other Civil Rights - Civil Rights, Categories: Immigration, Settlements, Class Action
J. King declines to reconsider a discovery order in claims contending employees had not been paid for time spent commuting to and from retail job sites because the court already ruled on the discovery request for global positioning systems stored on the employees' electronic devices, and this motion simply asks the court to reevaluate the same facts and legal arguments.
Court: USDC New Jersey, Judge: King , Filed On: November 7, 2023, Case #: 1:22cv1998, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Employment
J. King finds that the lower court improperly granted the motion to suppress filed by defendant in this case over his unlawful possession of a firearm. The police had reasonable suspicion to pursue defendant when they saw a bulge in his waistband that could be a possible firearm. Reversed.
Court: Pennsylvania Superior Court, Judge: King, Filed On: November 7, 2023, Case #: J-A03035-23, Categories: Evidence, Firearms, Search