15 results for 'judge:"Mahan "'.
J. Mahan grants the insurer's motion for summary judgment. The assignee insurance company representing the construction company says the insurer breached the parties' contract when it denied coverage for two construction projects that sustained roof damage due to mold. The assignee failed to obtain the insurer's consent before incurring remediation costs; therefore, because the remediation costs were incurred involuntarily and without the insurer's consent, denial of coverage was appropriate.
Court: USDC Nevada, Judge: Mahan , Filed On: March 29, 2024, Case #: 2:20cv1382, NOS: Insurance - Contract, Categories: Construction, Insurance, Contract
J. Mahan denies the insurer's motion for summary judgment. The gaming facility brought this claim for breach of contract after the insurer denied coverage for cleanup following the Covid-19 pandemic. Coverage was denied due to there being no actual physical loss. There is a genuine dispute of material fact regarding whether a physical loss occurred or any of the policy exclusions or provisions apply.
Court: USDC Nevada, Judge: Mahan , Filed On: March 29, 2024, Case #: 2:20cv965, NOS: Insurance - Contract, Categories: Insurance, Covid-19, Contract
J. Mahan grants the officer and the life insurance company's motions to dismiss. The law firm negotiated a settlement with the city regarding workers' compensation benefits for the officer's injury, which occurred in the line of duty. The officer also has a claim for long term disability benefits under a policy insured by the company, and the law firm perfected a lien for fees and costs under the retainer agreement constituting 40 percent of total recovery benefits. However, the insurance company is not a contemplated party in the retainer agreement, and the agreement does not permit the firm to collect 40 percent of the long-term disability insurance proceeds.
Court: USDC Nevada, Judge: Mahan , Filed On: February 28, 2024, Case #: 2:23cv1151, NOS: Other Contract - Contract, Categories: Insurance, Contract, Workers' Compensation
J. Mahan grants the law firm's motion for summary judgment on a claim for unpaid overtime wages filed by the widower of the late paralegal. The firm paid its paralegals on salary and did not keep detailed records of work schedules. Based on computer login and out records, and a lack of other substantive evidence, the paralegal did not meet her burden of producing sufficient evidence of overtime work to survive summary judgment. The widower's declaration that he observed his wife working at home does not create a factual dispute over whether the firm should have known that she may have worked overtime.
Court: USDC Nevada, Judge: Mahan , Filed On: February 20, 2024, Case #: 2:18cv960, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Evidence, Contract
J. Mahan grants the gaming device supplier's motion for judgment on the pleadings on putative class securities claims filed by a pension plan arising from the supplier's alleged fraudulent inflation of its share prices via misrepresentations and omissions. Certain claims by certain plaintiffs were dismissed for lack of standing, and the class has failed to timely prosecute by filing an amended complaint. No reason has been given for this failure and no attempt to cure the questions of standing have been made.
Court: USDC Nevada, Judge: Mahan , Filed On: February 12, 2024, Case #: 2:20cv1209, NOS: Stockholders’ Suits - Contract, Categories: Fraud, Securities, Class Action
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J. Mahan grants the insurer's partial motion for summary judgment on a company owner's commercial vehicle collision coverage-related claims. The policy holder is the business, not the owner, and the owner lacks standing.
Court: USDC Nevada, Judge: Mahan , Filed On: February 1, 2024, Case #: 2:22cv879, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Contract
J. Mahan denies the school district's motion to dismiss the claims of intentional infliction of emotional distress filed by the parent of an autistic 5-year-old. A teacher's assistant allegedly witnessed a teacher abusing the special education student on many occasions, and the teacher allegedly locked the child in a darkened bathroom for singing a nursery rhyme, regularly left students unattended, used corporal punishment and pain-compliance techniques, and modified her classroom door so that it could not be opened by the students.
Court: USDC Nevada, Judge: Mahan , Filed On: December 18, 2023, Case #: 2:23cv564, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Education, Emotional Distress
J. Mahan grants the brothel���s motion for summary judgment in this putative class action arising from alleged failure to pay overtime, wait time penalties, unpaid breaks, hostile work environment, discrimination, constructive discharge and interference with contracts. The brothel has provided evidence that the employees��� profit depended on their managerial skills, including while working for other brothels. They negotiated their own prices, could promote online and book more clients, work more hours and earn more profit by their own efforts.
Court: USDC Nevada, Judge: Mahan, Filed On: October 16, 2023, Case #: 2:19cv1690, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Contract
J. Mahan grants the turf company���s motion for summary judgment in this trademark infringement suit brought by the landscaping company. The landscaping company���s registration of ���U.S. Turf��� is an unprotectable geographic description, and the company has provided insufficient evidence of secondary meaning.
Court: USDC Nevada, Judge: Mahan, Filed On: September 29, 2023, Case #: 2:21cv1749, NOS: Trademark - Property Rights, Categories: Trademark
J. Mahan grants a YouTube investment educator���s motion for summary judgment in this trademark infringement and defamation suit brought by a YouTube investment advisor. The advisor alleges that an interviewee of the educator lied about the advisor���s education, accused him of money laundering and drug dealing, alleged that he had framed the interviewee and said he was involved in the death of a woman who was the alleged victim in the interviewee���s arrest. The educator did not speak about the advisor���s real estate portfolio when the interviewee raised the issue, and the advisor fails to identify any timestamp in any video in which the educator advertised his own services, and so the educator���s speech was not an advertisement or commercial speech. The educator, having extensive information about the advisor���s character, did not act with reckless disregard or malice.
Court: USDC Nevada, Judge: Mahan, Filed On: September 29, 2023, Case #: 2:21cv1173, NOS: Other Statutory Actions - Other Suits, Categories: Trademark, Defamation
J. Mahan grants the city's motion for summary judgment in this civil rights suit brought by the estate of a man who was fatally shot by the city's SWAT team after he refused to surrender during negotiations regarding his brandishing and firing of a handgun. Expert testimony shows that the man displayed active resistance to officers' requests and directions, putting the public in danger. It is undisputed that he fired at least one round in the middle of a park, telling a witness ���it���s gonna [sic] get bad around here.���
Court: USDC Nevada, Judge: Mahan , Filed On: September 20, 2023, Case #: 2:20cv1542, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Mahan grants the health supplement company's motion to dismiss this trade dress infringement suit brought on allegations that it sells supplements packaged similarly to the other supplement company's product in an effort to capitalize on its ���popularity.��� The other supplement company fails to establish priority of use. It does not allege when its trade dress allegedly became famous, and there are no allegations that it was so before defendant allegedly began infringing and diluting it.
Court: USDC Nevada, Judge: Mahan , Filed On: September 5, 2023, Case #: 2:23cv186, NOS: Trademark - Property Rights, Categories: Trademark, Business Practices
J. Mahan grants the masonry marketing firm���s motion for summary judgment in this dispute arising from an alleged breach of contract brought by the masonry manufacturer. The manufacturer alleges the marketer solicited the manufacturer���s customers and claimed he was still working with the manufacturer when bidding for a contract with the Orlando Airport after the agreement was rescinded. The plain language of the agreement states that the marketer is free to perform other services for other parties and does not contain any provision restricting competition.
Court: USDC Nevada, Judge: Mahan, Filed On: August 23, 2023, Case #: 2:19cv2213, NOS: Other Contract - Contract, Categories: Trade Secrets, Business Practices, Contract
J. Mahan grants the school district���s motion for summary judgment in this civil rights suit brought by a teacher who resigned, alleging retaliation, precipitated by events including a death threat made by a fifth-grade student to another student, and involving alleged irresponsible handling of the incident. Expert testimony as to psychological damages is not required to support a negligence action, but none expressly connects the supposed psychological harm to the theories of negligence. There is no clear evidence of causation.
Court: USDC Nevada, Judge: Mahan, Filed On: June 5, 2023, Case #: 2:20cv1792, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Employment