78 results for 'judge:"Martinez"'.
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J. Martinez denies summary judgment to the logistics company for an unjust enrichment claim in the sporting goods company's complaint alleging that the logistics company did not take reasonable precautions to protect the sporting goods company and other customers from a February 2022 cyberattack. The sporting goods company plausibly alleges that the logistics company benefited from charging the sporting goods company for its business when the logistics company shut down following the cyberattack.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: April 11, 2024, Case #: 2:23cv1816, NOS: Other Contract - Contract, Categories: Contract
J. Martinez awards the shipyard $959,100 in attorney fees and costs after it was awarded $40,000 for its negligence counterclaim against the towing service. The parties' tow agreement clearly and separately provides that the prevailing party may obtain attorney fees. However, certain "write-off" fees are reduced from the shipyard's request for $1.4 million in fees, and a further 20% reduction is appropriate "due to the disproportionality between the fee request and damages awarded at trial."
Court: USDC Western District of Washington, Judge: Martinez, Filed On: April 5, 2024, Case #: 2:20cv416, NOS: Other Contract - Contract, Categories: Negligence, Attorney Fees, Contract
J. Martinez denies the school district's motion to dismiss a First Amendment claim in the former student's complaint alleging that the school district's assistant principal and vice principal coerced the former student into signing a "safety plan" that prevented him from speaking about sexual hazing by a journalism teacher. The former student sufficiently alleges that he participated in constitutionally protected speech, but it is up to a jury to ultimately decide if the former student's intended speech was constitutionally protected or if it falls under an exception, "such as representing a risk of substantial disruption to the school environment or others."
Court: USDC Western District of Washington, Judge: Martinez, Filed On: March 26, 2024, Case #: 2:22cv1140, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Education, First Amendment
J. Martinez mostly declines to dismiss the consumers' complaint alleging that Amazon overcharged them by claiming that it sold them digital content when Amazon was actually only licensing the digital content. The consumers have sufficiently alleged that they were injured by overpaying for a purchase they would not have paid for if they knew they were only purchasing a limited license. Furthermore, Amazon's use of the word "buy" regarding the digital content could be materially misleading to a reasonable consumer.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: March 15, 2024, Case #: 2:22cv401, NOS: All Other Real Property - Real Property, Categories: Fraud, Consumer Law, Contract
J. Martinez upholds the lower court's refusal to dismiss a doctor's defamation claims against a pain management company with which she was once a member. The company fails to show the investigatory agency to which it allegedly defamed the doctor was involved in the administration of the functions of part of the government and, thus, immune. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Martinez, Filed On: March 12, 2024, Case #: 04-22-00749-CV, Categories: Health Care, Immunity, Defamation
J. Martinez declines to dismiss the claims under Oregon’s Unlawful Trade Practices Act and California’s Unfair Competition Law in the consumers' class action claiming that Amazon prevented them from unsubscribing from Audible and other Amazon services with overly complex cancellation procedures and by not explaining the terms of its automatic renewal programs. The consumers prove their prime facie case because the states' automatic renewal laws require businesses to give consumers a “timely, and easy to-use-mechanism for cancellation” in the acknowledgements, and the consumers show multiple instances where they struggled to cancel their subscriptions either by phone or online.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: February 26, 2024, Case #: 2:22cv910, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Martinez-Olguin allows some civil rights claims to continue against the City of Antioch regarding the death of Angelo Quinto, who died after being placed in a prone restraint hold by police during a domestic dispute call. Officials are shielded by immunity regarding some of the denial of medical care claims, but the bulk of the wrongful death claims proceed because conflicting testimony and other uncertain details on the record make it unclear if the officers' use of force was justified.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: February 25, 2024, Case #: 3:21cv6094, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Martinez-Olguin allows some class claims to continue against Simpson Imports from consumers who say the company sells canned tomatoes that are labeled as being higher-end San Marzano tomatoes, when they are actually standard tomatoes. The products are sold with "SMT" on the label that the company claims stands for San Merican tomato, and while that interpretation may hold up later in court, at this early stage it is plausible that consumers are being duped into believing that the label is referring to the more expensive San Marzano.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: February 20, 2024, Case #: 3:23cv2214, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
J. Martinez-Olguin dismisses vicarious copyright infringement claims from comedian and author Sarah Silverman and two other authors who claim OpenAI trained its ChatGPT program using material from their books without permission. The authors fail to prove ChatGPT directly copied their work and protection does not extend to every idea, theory and fact underlying a copyrighted work. However, an Unfair Competition Law claim can move forward. Additionally, OpenAI did not move to dismiss the direct infringement claim, so that claim proceeds.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: February 12, 2024, Case #: 3:23cv3223, NOS: Copyrights - Property Rights, Categories: Copyright, Unfair Competition, Class Action
J. Martinez finds that the trial court should have granted a borrower leave to amend to support her claim that she mistakenly or inadvertently omitted the present lawsuit from a bankruptcy proceeding. And though the borrower failed to properly plead her bad faith foreclosure claim, she is still entitled to leave to amend. Reversed in part.
Court: California Courts Of Appeal, Judge: Martinez, Filed On: February 9, 2024, Case #: B317726, Categories: Bankruptcy, Banking / Lending
J. Martinez finds in favor of the insurance company for its complaint alleging that it is not required to defend the construction company in an underlying lawsuit, in which a former employee claims that he was hurt while constructing a stormwater detention vault for a new residential subdivision. The residential construction exclusion of the policy applies, because the work at the center of the underlying lawsuit occurred on infrastructure in connection to residential construction as defined by the policy.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: February 2, 2024, Case #: 2:22cv1454, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Martinez-Olguin dismisses most claims against Catalina Snacks, makers of the Catalina Crunch Keto cereal products, alleging that the cereals' labels misrepresent their ingredients and where the sugar content comes from. The bulk of the claims fail for not showing how the product labels falsely imply from which ingredients the nutritional content is derived, or how they would trick the average consumer.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: January 18, 2024, Case #: 3:23cv296, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, False Advertising