10 results for 'judge:"Patricco"'.
J. Patricco denies the state's motion for certification of interlocutory appeal and stay pending appeal in a matter in which transgender women "challenge Idaho Medicaid’s allegedly discriminatory policies that deny transgender individuals essential and sometimes life-saving healthcare" and allege that "cisgender individuals receive coverage for the same or similar health care as a matter of course." The state has not shown substantial grounds for a difference of opinion regarding the controlling question of law. A stay of the case is not warranted. The state's motion for leave to file supplemental authority is granted.
Court: USDC Idaho, Judge: Patricco, Filed On: March 8, 2024, Case #: 1:22cv409, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Patricco denies in part a debt collector's motion to dismiss a couple's Fair Debt Collection Practices Act claims stemming from the debt collector allegedly making dozens of harassing phone calls, including to the couple's places of employment, to collect on a home renovation loan despite the couple informing them that they were represented by counsel and were disputing the debt. The Fair Debt Collection Practices Act claims may proceed through discovery.
Court: USDC Idaho, Judge: Patricco, Filed On: March 4, 2024, Case #: 1:23cv44, NOS: Consumer Credit - Other Suits, Categories: Debt Collection
J. Patricco denies an environmental group's renewed motion for summary judgment and grants the government's motion for summary judgment regarding a decision memo authorizing a project "designed to reduce the risk or extent of insect or disease infestation and reduce the current and future risk of catastrophic wildfire to people, public and private lands, and infrastructure." The group did not sufficiently put the United States Forest Service on notice of the wildland-urban interface issue and "waived its challenge to the USFS’s use of HFRA’s insect and disease categorical exclusion."
Court: USDC Idaho, Judge: Patricco, Filed On: January 10, 2024, Case #: 2:19cv332, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Patricco denies an individual's motion to dismiss for lack of jurisdiction a professor's allegations of defamation after the individual "posted over 100 sensational TikTok videos falsely claiming that [the professor] had an inappropriate romantic affair with one of the victims [of a murder] and then ordered the murders to prevent the affair from coming to light." The court has subject matter jurisdiction as well as personal jurisdiction and the venue is proper in this district.
Court: USDC Idaho, Judge: Patricco, Filed On: November 13, 2023, Case #: 3:22cv521, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
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J. Patricco denies a company's motion for summary judgment regarding a speaker's allegations that he was not paid his full commission based on sales produced as a result of the speaker's presentation and follow-up with potential customers. The speaker has shown that a contract existed between the parties and has also shown that his estimates on the total sales came from a podcast, YouTube video and spreadsheet provided by the company, and therefore his damages estimate is not speculative.
Court: USDC Idaho, Judge: Patricco, Filed On: October 30, 2023, Case #: 1:22cv173, NOS: Other Contract - Contract, Categories: Contract
J. Patricco grants a professor's motion to dismiss an individual's counterclaims in a defamation suit stemming from the murder of four university students. The individual has posted over 100 sensational videos claiming that the professor orchestrated the murders, but the professor alleges that she never met the students and was not involved in any way. The individual brings defamation, malicious prosecution and intentional infliction of emotional distress counterclaims, alleging that the professor seeks to silence her "clairvoyant insight." The individual has offered no corroboration for her claims, "cannot use discovery as a fishing expedition to find facts that might validate her counterclaims," and has not presented a factual account that would allow the court to infer the existence of plausible claims against the professor.
Court: USDC Idaho, Judge: Patricco, Filed On: August 8, 2023, Case #: 3:22cv521, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Patricco grants the Shoshone-Bannock Tribes and the Fort Hall Business Council's motion to remand this breach of contract action to the Shoshone-Bannock Tribal Court for the Fort Hall Reservation. The case concerns "a casino expansion project within the boundaries of the Fort Hall Reservation," and the parties' agreement for construction management services placed exclusive jurisdiction in the Shoshone-Bannock Tribal Court. The court concludes that the case was "improvidently removed," because the removal statute is inapplicable, as the case was initiated in tribal court. Furthermore, the removal was untimely, and remand is proper "under the tribal exhaustion doctrine."
Court: USDC Idaho, Judge: Patricco, Filed On: July 24, 2023, Case #: 4:23cv160, NOS: Other Contract - Contract, Categories: Native Americans, Jurisdiction, Contract
J. Patricco denies in part the state's motion to dismiss transgender individuals' equal protection claim after Idaho Department of Health and Welfare denied them prior authorization needed to receive genital reconstruction surgeries under Medicaid. The individuals have sufficiently alleged an equal protection claim in demonstrating that as transgender individuals, they "were treated differently than similarly-situated cisgender individuals when, pursuant to Defendants’ policy, they were denied medically necessary genital reconstruction surgery to treat their gender dysphoria."
Court: USDC Idaho, Judge: Patricco, Filed On: June 20, 2023, Case #: 1:22cv409, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Patricco denies in part an employer's motion for summary judgment regarding an employee's wage claims and allegations of breach of contract. There is a genuine dispute of material fact as to whether the employee's transition plan was a contract and the related Wage Claim Act claim continues.
Court: USDC Idaho, Judge: Patricco, Filed On: May 23, 2023, Case #: 1:22cv82, NOS: Other Labor Litigation - Labor, Categories: Employment