35 results for 'judge:"Lin"'.
J. Lin denies in part summary judgment to an officer seeking qualified immunity regarding excessive force claims from a woman who was bitten by a police dog while hiding, unarmed, in some bushes after stealing from an Ulta Beauty store. The women has abandoned her claim that the initial bite from the dog was excessive, but her claims that the officer allowed the bite to go on for too long will proceed. The woman alleges that the officer allowed the dog to continue biting the top of her scalp after she stated that she would surrender and pleaded for the officer to get the dog off of her.
Court: USDC Northern District of California, Judge: Lin, Filed On: April 29, 2024, Case #: 3:22cv1097, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Lin grants Amazon default judgment for its complaint that the sellers sold counterfeit products bearing the grill manufacturing company's trademark. Amazon and the grill manufacturing company will face prejudice without default judgment, because the sellers did not appear or participate in this litigation despite being personally served. Also, the grill manufacturing company presents a sufficient trademark case, because it alleges that it owns the "Weber" trademark that the sellers used without authorization.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 26, 2024, Case #: 2:21cv1512, NOS: Trademark - Property Rights, Categories: Trademark
J. Lin grants the consumer's motion to consolidate her class action alleging that the beverage container manufacturer did not inform consumers that its popular Stanley tumbler products contained lead. The beverage container manufacturer argues that a stay or dismissal is more appropriate than consolidation, because consolidation will require conducting discovery with all named plaintiffs instead of just the top plaintiff, but this argument "strains common sense" as the beverage container manufacturer would already likely seek depositions against multiple class members in the event that the consumer's lawsuit was the only action.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 26, 2024, Case #: 2:24cv191, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Product Liability, Class Action
J. Lin denies the engineering plastics company's motion to vacate the arbitration award in Amazon's favor, arguing that Amazon does not deserve it because the withholding provision of their contract is a penalty provision, not a liquidated damages provision. The arbitrator did not manifestly disregard the law in her decision, because she was fully briefed on the issue, correctly identified the legal standard, and applied the correct standard to the case facts.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 17, 2024, Case #: 2:23cv1693, NOS: Arbitration - Other Suits, Categories: Arbitration, Contract
J. Lin grants Amazon default judgment on all claims but the false advertising claim in its complaint alleging that the sellers sold counterfeit Amazon Fire TV remotes on Amazon's online marketplace. Amazon proves that the sellers violated its trademark by selling counterfeit Amazon Fire TV remotes bearing Amazon's Smile trademark, which is likely to cause confusion among consumers.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 12, 2024, Case #: 2:23cv1060, NOS: Trademark - Property Rights, Categories: Trademark
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J. Lin dismisses a contract claim in the water product company's complaint alleging that the oil field equipment supplier did not pay what it owed under a distributor agreement and sold counterfeit versions of the water product company's project after the latter ended the agreement. The water product company terminated the agreement instead of affirming and enforcing it through a damages or relief lawsuit, and because the agreement ended, the oil field equipment supplier did not have a duty of non-competition.
Court: USDC Western District of Washington, Judge: Lin, Filed On: March 11, 2024, Case #: 2:23cv1317, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Property, Contract
J. Lin grants, in part, default judgment in this fraud and negligent misrepresentation claims brought by the SEC against promoters of a cryptocurrency, finding one of the promoters violated the Securities Exchange Act. Therefore, he is permanently restrained and enjoined from any further violations, and he is liable for disgorgement. The SEC’s request for prejudgment interest is denied, but it may enforce the judgement for disgorgement and civil penalties.
Court: USDC Western District of Washington, Judge: Lin, Filed On: March 1, 2024, Case #: 2:22cv1009, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Enforcement Of Judgments
J. Lin awards Dutch Blitz Acquisition $193,200 in statutory damages in its and Amazon's complaint that the sellers sold counterfeits of Dutch Blitz's products on Amazon's website. The award is appropriate, because the sellers intentionally sold counterfeit versions of Dutch Blitz's products and misused its trademarks, thus depriving Dutch Blitz of sales and causing customer confusion.
Court: USDC Western District of Washington, Judge: Lin, Filed On: February 26, 2024, Case #: 2:21cv159, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Lin denies the debt collection agency summary judgment against the patient's complaint alleging that the debt collection agency sought a default judgment for medical debt that the patient did not owe. The debt collection agency argues that the patient cannot establish an injury because the underlying default judgment against her cannot be vacated as a final judgment, but the debt collection agency does not provide a legal authority to support its argument.
Court: USDC Western District of Washington, Judge: Lin, Filed On: February 15, 2024, Case #: 2:22cv255, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Lin declines to dismiss the British Isles publisher's complaint that the U.S.-based software company sold copies of the publisher's copyright-protected works, including "Fundamentals of Catholic Dogma" by Dr. Patrick Lynch originally published in 1955, and a revised English-language edition produced and published by the publisher in 2018. The publisher alleges sufficient facts to state a plausible infringement claim on the Lynch translation because in 1996, per the Uruguay Round Agreements Act and Irish copyright law, the U.S. copyright for the Lynch translation automatically went to Dr. Lynch and not Mercier Press as the software company argues.
Court: USDC Western District of Washington, Judge: Lin, Filed On: January 31, 2024, Case #: 2:22cv1635, NOS: Copyrights - Property Rights, Categories: Copyright, International Law
J. Lin dismisses the insurance company's claims under the Carmack Amendment to the Interstate Commerce Act accusing the freight forwarding company of directing BNSF Railway to transport the goods by train despite the contract stating the transport should be via truck. BNSF's train caught on fire and damaged the goods. The Carmack Amendment applies and preempts the insurance company's negligence and contract claims because one of the receiving entities in Washington where the goods departed was required to issue a separate Carmack-compliant bill of lading so that the goods could go to the intended arrival point of Ohio.
Court: USDC Western District of Washington, Judge: Lin, Filed On: January 31, 2024, Case #: 2:23cv621, NOS: Other Contract - Contract, Categories: Commerce, Insurance, Contract
J. Lin awards the employee $75,000 in damages after Boeing demoted him in retaliation for reporting a co-worker's age discriminatory conduct toward other workers. The employee was demoted and discouraged from applying for his former position within weeks of his complaint, and there is little evidence that Boeing's supervisor worked to help the employee get promoted.
Court: USDC Western District of Washington, Judge: Lin, Filed On: January 22, 2024, Case #: 2:22cv533, NOS: Employment - Civil Rights, Categories: Employment, Damages, Employment Discrimination
J. Lin denies Nintendo's motion to dismiss the technology corporation's complaint accusing its products of infringing on the technology corporation's patents relating to the utilization of micro electronic mechanical systems when constructing inertial measurement units (IMUs). Nintendo argues that the '648 patent invokes "generic hardware components," but claim one of the '648 patent invokes "micro" components that are combined with specifications for a variety of improvements upon conventional IMUs.
Court: USDC Western District of Washington, Judge: Lin, Filed On: January 10, 2024, Case #: 2:23cv302, NOS: Patent - Property Rights, Categories: Patent
J. Lin dismisses the chemical distribution company's Computer Fraud and Abuse Act claim in its complaint alleging that the former salespeople conspired to use the company's trade secrets for a new company and that they "permanently deleted" company emails even after the chemical distribution company ordered them not to. The chemical distribution company argues that the former salespeople violated a use restriction, which is an argument that both the 9th Circuit and the U.S. Supreme Court rejected in similar cases.
Court: USDC Western District of Washington, Judge: Lin, Filed On: December 19, 2023, Case #: 2:23cv775, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Fraud, Trade Secrets
J. Lin dismisses the five individual defendants from the employee's complaint that the backpacking company withheld her wages when a banking error caused her $6,300 contribution and the backpacking company's $600 contribution to her HSA account to be posted after the 2017 contribution deadline. The dismissed parties are not liable for the employee's claims, because she cites no evidence beyond her own word that there was an employment or HSA contract between them, and she does not identify a breach of that contract.
Court: USDC Western District of Washington, Judge: Lin, Filed On: December 8, 2023, Case #: 2:20cv1633, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract
J. Lin remands to superior court the state's complaint accusing O'Reilly Auto of not only routinely denying its employees' requests for pregnancy accommodations, but actively retaliating against those that who make the requests. The state presents ample evidence that its claim under the Washington Law Against Discrimination will affect employees on a state level, and the state pleads its Washington Consumer Protection Act in good faith by including examples of other lawsuits where the Attorney General pleaded CPA violations in the context of employment.
Court: USDC Western District of Washington, Judge: Lin, Filed On: December 7, 2023, Case #: 2:23cv1370, NOS: Employment - Civil Rights, Categories: Consumer Law, Jurisdiction, Employment Discrimination
J. Lin denies the custom broker summary judgment for the fraudulent concealment claim of the shipping company's lawsuit alleging that the customs broker's incorrect information to the Food and Drug Administration caused the U.S. Customs and Border Protection to destroy four containers of the shipping company's alcohol wipes shipment. The shipping company's affirmative motion sufficiently alleges that the custom broker did not fulfill a duty to disclose the information it allegedly had regarding the FDA's hold and ultimate refusal of the four containers that are subject to this lawsuit.
Court: USDC Western District of Washington, Judge: Lin, Filed On: November 15, 2023, Case #: 2:21cv1015, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Lin denies the insurance company's motion to exclude HP's expert from testifying in the insurance company's lawsuit alleging that HP's computer started a fire that caused significant damage to an apartment complex. The expert has “over 29 years of work experience in commercial construction management in the Pacific Northwest" and sufficient support for his report. However, this does not include conclusions about a fire alarm system and the Washington State Sales Tax that were not in his original report, so he is not allowed to testify on those two categories.
Court: USDC Western District of Washington, Judge: Lin, Filed On: October 13, 2023, Case #: 2:19cv138, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Experts, Discovery
J. Lin prohibits the custom broker's expert from offering opinions about the credibility or culpability of lay witnesses regarding the shipping company's complaint that the customs broker's incorrect information to the Food and Drug Administration caused the U.S. Customs and Border Protection to destroy four containers of the shipping company's alcohol wipes shipment. The expert can cure the form of her report so that it does not call into question the credibility of lay witnesses, as without that correction her testimony could improperly persuade the view of the jury.
Court: USDC Western District of Washington, Judge: Lin, Filed On: September 29, 2023, Case #: 2:21cv1015, NOS: Other Contract - Contract, Categories: Experts, Discovery, Contract
J. Lin denies summary judgment to the daycare business owners against the daycare business partners' fraudulent inducement claim in the partners' lawsuit alleging the owners wrongfully withheld the partners' $100,000 deposit after the latter did not preserve records related to the business. The partners allege with sufficient evidence that they relied on the owners' statement that the Covid waiver representation, which would allow them to operate at an increased capacity due to the pandemic, was set before they made their investment.
Court: USDC Western District of Washington, Judge: Lin, Filed On: September 14, 2023, Case #: 2:22cv702, NOS: All Other Real Property - Real Property, Categories: Fraud, Property, Covid-19
J. Lin dismisses the transport company's lawsuit alleging that David Danner, chair of the Washington Utilities and Transportation Commission, wrongfully passed a state statute that forced railroad companies to pay for the expenses to install upgraded safety devices at the rail grade crossing. The transport company's preemption claims fail as a matter of law because the regulation it cites to show that it is not responsible for the expenses focuses on construction, not maintenance.
Court: USDC Western District of Washington, Judge: Lin, Filed On: September 8, 2023, Case #: 3:22cv5544, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Government, Transportation
J. Lin partially denies the information technology company's motion to exclude the testimony of the insurance company's battery expert, Michael Eskra, as part of the insurance company's lawsuit alleging that the lithim-ion battery in the technology company's laptop started a fire that caused damage to the apartment of an insured client. Although by his own admission Eskra is not an expert on the laptop's System Management Bus (SMBus) and thus cannot explain its intricate details, his detailed report and deposition show that he can explain to a layperson how a SMBus generally functions with a battery system, and how the fire could have started that way.
Court: USDC Western District of Washington, Judge: Lin, Filed On: September 5, 2023, Case #: 2:19cv138, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Experts, Discovery
J. Lin denies Home Depot's motion to exclude the testimony of one of the customer's treating physicians from the customer's lawsuit alleging that the negligence of Home Depot's employees allowed a cart to strike and injure the customer. Although the customer's disclosure of the physician's report was delayed, Home Depot waited until the day discovery closed and motions to exclude experts were due to seek a sanction, so it lacks good cause to do so. The delay is also harmless because Home Depot had almost a month to prepare a rebuttal report and seek a remedy, as well as two months to seek additional discovery related to the physician's proposed testimony.
Court: USDC Western District of Washington, Judge: Lin, Filed On: August 31, 2023, Case #: 3:20cv5694, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Sanctions, Experts, Discovery
J. Lin remands to the King County Superior Court the former animal keeper's claim that the zoo denied her, an Asian woman, a promotion and forced her to resign because she voiced concerns about the zoo's employee diversity. The former animal keeper's Washington Law Against Discrimination claims are substantive rights under Washington law, and they do not have to be interpreted by the collective bargaining agreement to be resolved.
Court: USDC Western District of Washington, Judge: Lin, Filed On: August 23, 2023, Case #: 2:23cv627, NOS: Labor/Management Relations - Labor, Categories: Jurisdiction, Employment Discrimination, Labor
J. Lin dismisses the video game publisher's claim that two of its former employees created a competing game using confidential information from the "P3" game they began developing for the publisher. The former employees signed a forum selection clause and their alleged conduct is closely related to the contract containing the clause. Korea is also the more convenient forum, as most of the witnesses and evidence are located in Korea or written in Korean.
Court: USDC Western District of Washington, Judge: Lin, Filed On: August 17, 2023, Case #: 2:23cv576, NOS: Copyrights - Property Rights, Categories: Trade Secrets, Jurisdiction, Contract