13 results for 'judge:"Otake"'.
J. Otake denies class certification to former and current Hawaiian Airlines employees who were not granted medical or religious accommodation from the airline’s Covid-19 vaccination policy. Based on the wide range of how the airline determined their accommodation status, including variations of exact job positions and work locations, evidence for potential class members would not be the same and would still require individualized assessments.
Court: USDC Hawaii, Judge: Otake, Filed On: December 11, 2023, Case #: 1:22cv532, NOS: Civil Rights - Habeas Corpus, Categories: Covid-19, Employment Discrimination, Class Action
J. Otake dismisses a complaint by an individual bringing a complaint against the judicial officers involved in his traffic citations and his car’s impounding. The complaint does not rely on any applicable federal laws for the right to travel. Judges involved are barred from the claims by Eleventh Amendment immunity. The citations and other proceedings are still ongoing and the court does not have jurisdiction to make an decisions at the time.
Court: USDC Hawaii, Judge: Otake, Filed On: September 29, 2023, Case #: 1:23cv195, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Jurisdiction
[Consolidated.] J. Otake refuses to dismiss the bankruptcy court’s orders that an asset on Hawaiian home lands of a now-bankrupt telecommunications company was properly sold to defendant telecommunications company. The sale order establishes that asset was properly acquired by the trustee of the bankrupt bankrupt telecommunications company and sold to defendant telecommunications company. The contesting companies did not show the trustee failed to levy the asset on real property interests, as the asset was classified a personal property. An earlier agreement between the bankrupt company and the contesting companies on the asset does not contradict the sale order.
Court: USDC Hawaii, Judge: Otake, Filed On: September 29, 2023, Case #: 1:22cv441, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Communications
J. Otake certifies questions to the Hawaii Supreme Court clarifying if the insurance companies have a duty to defend the gas company against underlying suits accusing the gas company of exacerbating climate change effects in Hawaii and failing to warn residents about greenhouse gases. There is no precedent on if an insurance policy should include recklessness as a coverable accident, and if greenhouse gases are considered pollutants excluded from the policy.
Court: USDC Hawaii, Judge: Otake, Filed On: September 5, 2023, Case #: 1:22cv372, NOS: Insurance - Contract, Categories: Environment, Insurance
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J. Otake declines to stay proceedings in a physician’s challenge to the Department of Health and Human Services and the FDA’s regulations on the medication abortion drug mifepristone, finding that a stay would cause unreasonable delay to the physician’s case. The stay proposed by the DHHS and the FDA, based on two other federal cases around the nation, would either be too long given the urgency of the case, or short enough that it would be unnecessary.
Court: USDC Hawaii, Judge: Otake, Filed On: August 8, 2023, Case #: 1:17cv493, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government
J. Otake dismisses claims against the state and Maui county and its police department alleging that an individual was wrongfully arrested and incarcerated and his son kidnapped and placed into foster care. The state and county agencies have Eleventh Amendment immunity from the claims. Claims against the Maui Police Department and its officers also fail to demonstrate any sufficient allegations of misconduct.
Court: USDC Hawaii, Judge: Otake, Filed On: July 7, 2023, Case #: 1:23cv5, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Police Misconduct
J. Otake grants, in part, the rental property seller's motion for summary judgment, ruling that because none of the statements supporting the buyers' fraud claims were made in Hawaii and were related to rental properties located in St. Louis, the buyers have failed to establish jurisdiction. However, because discussions over the purchases took place in Hawaii and documents were presented to the buyers within the court's jurisdiction, the claims for enforcement of promissory notes will proceed.
Court: USDC Hawaii, Judge: Otake, Filed On: June 30, 2023, Case #: 1:22cv309, NOS: Negotiable Instrument - Contract, Categories: Fraud, Real Estate, Jurisdiction
J. Otake grants the planning department's motion to dismiss, ruling the condo complex lacks standing to bring a takings claim on behalf of its members for enforcement of a zoning ban on short-term rentals because such a claim would require individual participation by all of the members of the complex. Although each owner has theoretically suffered the same injury, there is no way to determine damages without individual participation, and because injunctive relief is not allowed in a takings claim, that portion of the suit must be dismissed.
Court: USDC Hawaii, Judge: Otake, Filed On: June 30, 2023, Case #: 1:22cv162, NOS: All Other Real Property - Real Property, Categories: Constitution, Property, Zoning
J. Otake grants the property sellers' motion to dismiss, ruling the buyers' allegations are insufficient to establish the requisite contacts in the state of Hawaii to give this court jurisdiction, as none of the sellers are located in the state and did not offer any forms or contracts to the buyers. Additionally, there is no indication the sellers' claims to be partners with the defendants located in Hawaii ever took place in the state, while there is also no documentation to support the partnership.
Court: USDC Hawaii, Judge: Otake, Filed On: June 30, 2023, Case #: 1:22cv309, NOS: Negotiable Instrument - Contract, Categories: Fraud, Real Estate, Jurisdiction
J. Otake partially denies summary judgment to the county in wrongful death complaint against the county and several police officers. In separate case based on the same events that led to a man’s death after police detained him, similar claims of negligence and police misconduct were granted summary judgment but that decision has no bearing on this case and does not preclude the claims in this suit. Although the plaintiffs in both cases are relatives of the decedent, they are not the same relatives and their claims are separate from each other. However, summary judgment is granted as to conspiracy and due process claims due to a lack of sufficient allegations to support the claims.
Court: USDC Hawaii, Judge: Otake, Filed On: June 20, 2023, Case #: 1:20cv202, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, Assault, Police Misconduct