22 results for 'judge:"Lasnik"'.
J. Lasnik dismisses a lawsuit in which the former chief of inventory management for King County Metro Transit accuses the county of not accommodating her religious exemption to the Covid-19 vaccine mandate, placing her on administrative leave and then firing her. The former chief did not give the county timely notice of a religious conflict, because she makes no attempt to explain how a Covid-19 vaccine injection qualifies as a defilement of God's temple while vaccine injections for other illnesses do not, and she acknowledges that neither injections nor vaccines are forbidden in her belief system.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: April 29, 2024, Case #: 2:23cv823, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Covid-19
J. Lasnik denies Mercedes-Benz summary judgment for an unjust enrichment claim in the consumer's class action alleging that Mercedes-Benz manufactured and sold vehicles with defective brakes. Mercedes-Benz argues that the Washington Products Liability Act preempts the consumer's unjust enrichment claim, but the consumer is seeking to recover economic losses which the WPLA does not preempt, and the consumer plausible infers that the money he paid for the vehicle enriched Mercedes-Benz.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: April 11, 2024, Case #: 2:22cv665, NOS: Contract Product Liability - Contract, Categories: Vehicle, Product Liability, Contract
J. Lasnik finds that the Kona coffee farmers and sellers proved that Kroger's Kivu Kona blend coffee products did not comply with a settlement agreement at certain stores, so they are entitled to the gross profits received from the bulk sales of those products.
Because Kroger cured the other alleged breaches within 90 days of the notices, no claims can be brought or damages awarded regarding those alleged breaches.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 25, 2024, Case #: 2:19cv290, NOS: Trademark - Property Rights, Categories: Trademark, Enforcement Of Judgments, Class Action
J. Lasnik grants partial summary judgment to the zoo against the animal law advocacy organization's claim that housing brown bears with cheatgrass “harasses” the bears, which is part of the organization's complaint that the zoo violated the Endangered Species Act by possessing and improperly caring for endangered species. The organization does not identify any evidence that would have someone reasonably conclude that the presence of cheatgrass would disrupt a brown bear's normal behavior patterns if it's in its enclosure, at least beyond the cheatgrass getting stuck in the bear's fur.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 22, 2024, Case #: 3:18cv6025, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Animal Cruelty
J. Lasnik orders Washington Secretary of State Steve Hobbs to conduct future elections according to a new remedial map, following a dispute over district boundaries that allegedly diluted the Latino community's voting power. The new map "provides Latino voters with an equal opportunity to elect candidates of their choice to the state legislature" and "keeps the vast majority of the lands that are of interest to the Yakama Nation together."
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 15, 2024, Case #: 3:22cv5035, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
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J. Lasnik denies the United States' motion to dismiss the grandfather's complaint alleging that a diseased Douglas fir in the Olympic National Park fell onto his vehicle in January 2017, injuring the grandfather, killing his wife and paralyzing one of his grandchildren. The United States argues that the claims are untimely, but the grandfather and his family actively searched for a way to bring the United States into this lawsuit as it submitted two Freedom of Information Act requests to the National Parks Service in March 2017, which potentially entitles them to a tolling of the statute of limitations.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: January 16, 2024, Case #: 2:19cv2070, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Government, Vehicle, Product Liability
J. Lasnik grants the mortgage lender's motion for rule 11 sanctions against Scott Stafne, attorney for the lendee, arguing that the lendee's claims were all frivolous and that his challenges to the 2021 non-judicial foreclosure sale and subsequent surplus funds proceeding were improperly asserted. Stafne made no attempt to prove his client's claims despite refusing to withdraw the challenged pleading or otherwise attempted to justify their failures by raising meritless challenges to the tribunal. Stafne is liable for $15,300 in attorney fees.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: December 7, 2023, Case #: 2:23cv223, NOS: Constitutionality of State Statutes - Other Suits, Categories: Fraud, Sanctions, Attorney Fees
J. Lasnik dismisses the mother's common law claims accusing the club of wrongfully removing her sons from its sports teams and then calling the police to remove the mother and the sons from its premises. The mother's contract claims fail as a matter of law because she does not allege that the club asked her to sign the handbook, that she relied on the information in the handbook, or that she and the club were legally bound by its terms.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: December 6, 2023, Case #: 2:23cv855, NOS: Other Civil Rights - Civil Rights, Categories: Contract
J. Lasnik approves of the consent decree between the organization and the U.S. Environmental Protection Agency for the former's environmental lawsuit alleging that the EPA did not approve or disapprove the state implementation plan regarding the Fairbanks North Star Borough fine particulate matter non-attainment area. Among other stipulations, the EPA must sign a notice or notices of final rulemaking approving, disapproving or conditionally approving the Fairbanks matter by no later than Nov. 22, 2023.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: November 16, 2023, Case #: 2:22cv1382, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements
J. Lasnik grants the mortgage lender's motion for attorney fees and sanctions against the homeowner and his counsel, who brought a lawsuit alleging that the mortgage lender and others wrongfully conducted a 2021 non-judicial foreclosure sale and used the subsequent surplus funds for improper purposes. Because the homeowner and his counsel did not show that something went wrong during the foreclosure that would make judicial remedies available and made no attempt to prove the homeowner's claims, they are jointly and severally liable for $15,300 in reasonable attorney fees.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: November 8, 2023, Case #: 2:23cv223, NOS: Constitutionality of State Statutes - Other Suits, Categories: Sanctions, Foreclosure, Attorney Fees
J. Lasnik grants the consumer's motion to compel the production of exchanged documents and communications from government investigations of Alexa devices and all documents identified using the court-ordered search terms. Despite Amazon's argument to the contrary, the fact that a government agency inquired about Amazon's storage and sharing of Alexa audio recordings and transcriptions falls within the permissible scope of discovery for this case, in which the consumer alleges that Amazon saved recordings of consumers who used their Alexa devices.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: September 15, 2023, Case #: 2:21cv750, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Privacy, Discovery
J. Lasnik denies summary judgment to the insurance company regarding the insured's claim that the insurance company must pay her the $76,100 arbitration award under her underinsured motorist (UIM) coverage. The fact that the insured opted to settle for payment of the full benefits under the at-fault motorist's inadequate insurance policy rather than pursue a lawsuit to judgment does not preclude the insured's claim for the insurance company's UIM benefits.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: September 7, 2023, Case #: 2:22cv1370, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Contract
J. Lasnik grants summary judgment to the park owner against the alpine club's seventh counterclaim in a property dispute over a preserve owned by the park owner. The general maintenance that the alpine club performed on the preserve does not mean that it had a valid easement, as the alpine club was already under contract to maintain the preserve's buildings, trails, roads and other aspects at the alpine club's expense.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: September 1, 2023, Case #: 2:19cv1819, NOS: Trademark - Property Rights, Categories: Property, Contract
J. Lasnik finds in favor of the registered voters for their claim that Secretary of the State of Washington Steven Hobbs and a bipartisan commission split the Latino population in Yakima Valley into multiple district to dilute Latino voters' ability to elect the candidates of their choice. "The question in this case is whether the state has engaged in line-drawing which, in combination with the social and historical conditions in the Yakima Valley region, impairs the ability of Latino voters in that area to elect their candidate of choice on an equal basis with other voters. The answer is yes." The state must redraw its legislative district boundaries for this region.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: August 10, 2023, Case #: 3:22cv5035, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
J. Lasnik dismisses the cosmetics company's claim that the former salesperson allegedly shared a screenshot of a private company-related conversation with another affiliate, and that her alleged actions led to 5,500 employees quitting. There is no evidence that the former salesperson disclosed or otherwise used the cosmetics company's trade secrets. Even if she did, there is no evidence that her alleged actions led to the mass employee exit, as some left due to their friends being fired, some because the cosmetics company unilaterally changed its affiliate compensation plan, and others left before the former salesperson's alleged breach.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: July 5, 2023, Case #: 2:21cv145, NOS: Other Contract - Contract, Categories: Evidence, Trade Secrets, Contract
J. Lasnik finds in partial favor of the orthodontist in the insurance company's complaint seeking a determination that it has no duty to provide further coverage for water damage to the orthodontist's suite after another tenant started a fire and caused the building's sprinklers to go off. The orthodontist has a right to coverage for all tenant improvements the insurance company identified as covered in a June 2020 coverage determination, "regardless of whether the improvements were there when he took occupancy or were added by him afterward." The orthodontist is also entitled to summary judgment on his claim that the insurance company acted in bad faith by failing to reasonably investigate his insurance claim.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: June 21, 2023, Case #: 2:20cv1076, NOS: Insurance - Contract, Categories: Insurance, Attorney Fees
J. Lasnik grants summary judgment to the insurance company, stating that it is only obligated to pay the $1 million "per accident" liability limit towards insureds' underlying lawsuit settlement, as an allegedly improperly installed tire caused an accident that injured them. The underlying lawsuit falls under Section I of the insurance policy, and not under other special circumstances, because one of the insureds' Kia automobile, the subject of the car accident, falls under the "any auto" term in the policy and the accident resulted from a "maintenance" issue that also falls under Section I.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: June 20, 2023, Case #: 2:23cv89, NOS: Insurance - Contract, Categories: Insurance, Settlements
J. Lasnik finds in favor of the insurance company for the family's claim seeking coverage for the minor's medically necessary mental health treatment for his ADHD and Generalized Anxiety Disorder. Although there were procedural irregularities in the claims process, the plan's plain language states that the minor needs to receive at least one psychiatric evaluation per week to qualify for coverage at a residential treatment center, but he only received one psychiatric evaluation.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: May 31, 2023, Case #: 2:18cv1308, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Lasnik denies the zoo's motion to exclude the animal law advocacy organization's expert, Dr. Valerie Johnson, from testifying in the organization's lawsuit alleging that the zoo violated the Endangered Species Act by possessing and improperly caring for endangered species. Dr. Johnson is qualified to provide her opinion that the care of wolf pups taken from their mothers was inadequate because her prognosis of the wolf pups was based on data and within her expertise as a veterinarian.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: May 30, 2023, Case #: 3:18cv6025, NOS: Environmental Matters - Other Suits, Categories: Environment, Experts, Animal Cruelty
J. Lasnik grants the alpine club a temporary restraining order stopping the park owner its employees from restraining access to the Kitsap Rhododendron Preserve, as part of the park owner's objection that the alpine club does not have a valid easement to the preserve owned by the park owner. The alpine club shows that “irreparable harm is likely to result in the absence of the injunction," because it would be unable to put on its theatrical performances without access to the venue and thus would have to cancel the performances, including the 100th anniversary of the theater program that involved hundreds of volunteers and 1,500 tickets sold.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: May 24, 2023, Case #: 2:19cv1819, NOS: Trademark - Property Rights, Categories: Property, Trademark, Restraining Order