48 results for 'judge:"Rothstein"'.
J. Rothstein dismisses the job applicant's class action alleging that the furniture company violated Washington law by not posting the wage scale or salary of its job opening. The job applicant fails to state his claim because while intangible injuries like the omission of statutorily required information can be concrete, the job applicant actually alleges a technical violation because the job posting's lack of information does not harm or create a material risk of harm to any single person's concrete interest.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: April 30, 2024, Case #: 2:23cv1742, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Class Action
J. Rothstein dismisses the job applicant's complaint that the temp agency violated Washington law by not disclosing the wage scale or salary range of its job openings. The job applicant alleges a technical or procedural violation, which does not qualify as a concrete injury, and he must allege at least that he and others applied for the job with good faith intent and suffered risk of harm by that violation.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: April 25, 2024, Case #: 2:23cv1680, NOS: Employment - Civil Rights, Categories: Employment
J. Rothstein declines to dismiss the contract claim of the account holder's complaint alleging that the bank did not properly investigate a $140,000 fraudulent withdrawal. The claim survives because each time the bank allowed a fraudulent transfer was a distinct and separate error instead of a collective single error, and the deposit account agreement requires the bank to investigate any discrepancies a customer brings to its intention and to give the account holder a copy of reviewed investigative documents.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 29, 2024, Case #: 3:23cv5698, NOS: Consumer Credit - Other Suits, Categories: Fraud, Consumer Law, Contract
J. Rothstein denies Boeing summary judgment on the hostile work environment claim in the employee's complaint alleging that Boeing did not properly investigate his complaint against a manager and did not stop its employees from harassing the employee after he filed a workers’ compensation claim for a “brain/mental/stress” injury. The hostile work environment claim is not time barred because a reasonable jury could consider that the incident with the manager is part of an ongoing hostile work environment.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 29, 2024, Case #: 3:22cv5728, NOS: Employment - Civil Rights, Categories: Employment, Jury
J. Rothstein finds in favor of the social worker against the family's complaint alleging that the state removed the children from the parents' custody by wrongfully representing the parents as violent. The family does not provide any evidence that the social worker was a supervisor or that she personally took any action that deprived them of their rights, so they do not prove that any of her actions led to the neglect or abuse of the children in foster care.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 7, 2024, Case #: 2:21cv1263, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Family Law
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J. Rothstein denies the Child Protective Services investigator summary judgment on a negligent investigation claim in the family's complaint alleging that the state removed the children from the parents' custody by wrongfully representing the parents as violent. The family claims that the CPS investigator did not meet with the father and did not conduct domestic violence screening. Deciding the reasonability of her investigation is better left for a jury to decide.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 4, 2024, Case #: 2:21cv1263, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Family Law, Jury
J. Rothstein dismisses the property manager's complaint alleging that the insurance company wrongfully denied the property manager's damage claim regarding Covid-19 infesting the Washington State Convention Center. The property manager is not entitled to coverage because the Washington Supreme Court already concluded that a loss of functionality only occurs when the property is physically affected, not when the property manager could not conduct normal business.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: February 27, 2024, Case #: 2:23cv1386, NOS: Insurance - Contract, Categories: Insurance, Property, Covid-19
J. Rothstein-Youakim finds the trial court improperly temporarily suspended a former wife’s alimony obligation due to two errors in her expenses. The former wife was unexpectedly demoted, and the court made errors in calculating her income. The court properly denied the former husband’s motions for contempt and attorney fees. Affirmed in part. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Rothstein-Youakim, Filed On: February 23, 2024, Case #: 2D22-1791, Categories: Family Law, Settlements
J. Rothstein denies Expedia's motion to dismiss the Swiss federal government office's complaint that Expedia offered low hotel booking rates on Trivago, an internet hotel booking “metasearch” engine, so that it could bankrupt Amoma, an online hotel booking company organized under Swiss law. The Swiss office manages to salvage its claim because it sufficiently alleges that Amoma could not move to another advertising platform because Trivago had to give Amoma accurate data that would allow the latter to successfully adapt to the new system.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: February 1, 2024, Case #: 2:23cv983, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Rothstein remands the car collision victim's complaint that the insurance company's attorney, acting on behalf of their at-fault insured driver, falsely claimed that he had a $25,000 policy limit to cover car collision victim's damages when there were supposed to be "no limits" for this policy. The insurance company and others do not show that the in-state accused parties were fraudulently joined, so there is no reasonable justification to keep this case in federal court.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: January 9, 2024, Case #: 2:23cv1349, NOS: Insurance - Contract, Categories: Fraud, Insurance
J. Rothstein dismisses the consumers' class action asserting that some versions of Microsoft Edge secretly collect the consumers' data while they browse the internet and then send the data to Microsoft, even if the consumers use "private" mode. The consumers do not prove that they have sufficient Article III standing for their claim, because they do not show that the collected browser information that is central to their complaint is a legally protected privacy right.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: December 21, 2023, Case #: 2:23cv1104, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Privacy, Class Action, Technology
J. Rothstein grants the interim consent decree between the environment advocacy group, the State of Washington Department of Ecology and the EPA for the advocacy's complaint accusing the government of violating the Clean Water Act by not identifying impaired waters or development clean-up plans. Among other stipulations, the State of Washington Department of Ecology shall submit the completed total maximum daily loads specified in an attached appendix to the government agency.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: December 21, 2023, Case #: 2:19cv1537, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Rothstein grants the property owner partial summary judgment for his claim that the man-made stormwater treatment facility on the residential development property, which the property owner says unlawfully discharges pollutants into the nearby wetlands and Lacamas Lake, is both a point source and part of the “Waters of the United States." Nothing in the Clean Water Act indicates that a point source and a WOTUS are mutually exclusive, and the residential development owner does not support its argument that the matter will not survive a legal challenge with any legal authority.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: December 18, 2023, Case #: 3:21cv5834, NOS: Environmental Matters - Other Suits, Categories: Environment, Property, Water
J. Rothstein denies the insurance company partial summary judgment on the insured's extracontractual claims that while the insurance company acknowledged that the insured was injured in a car collision, it wrongfully disputes that his left knee replacement surgery was medically necessary and thus it asserts that it is not responsible for covering the associated medical expenses. At this time, neither party conclusively shows whether the insurance company's offer was unreasonably low because there are still issues of material fact.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: November 28, 2023, Case #: 2:22cv1551, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Contract
J. Rothstein dismisses the spa owners' lawsuit alleging that Andreta Armstrong, Executive Director of the Washington State Human Rights Commission, and the HRC investigator violated the spa owners' religious beliefs by trying to force them to allow transgender women with male genitalia to enter the spa “specifically designed for women.” The spa owners argue that the HRC investigator denied them due process by not performing an investigation of the discrimination complaint against them, but the spa owners chose to not have an investigation when they agreed to a settlement with the complainant.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: November 13, 2023, Case #: 2:22cv340, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Settlements, Due Process
J. Rothstein grants the homeowner's motion to remand her complaint alleging that the energy company's water heater and natural gas fuel caused a fire that severely burned her, killed her mother and several pets, and rendered the home a total loss. The homeowner sufficiently states that her case belongs in Washington state court because she does not press any federal claims, she does not have to prove a federal tariff standard to prevail on her negligence claim, and there is no substantial federal question that needs to be resolved for her claims.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: November 6, 2023, Case #: 2:23cv1237, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Negligence, Jurisdiction
J. Rothstein denies the self-proclaimed election officer's motion to dismiss the county's counterclaims against her complaint, which alleges that the county and others supported laws recognizing her act of placing signs near ballot boxes during the August 2022 Washington State primary election as a criminal form of voter intimidation. The self-proclaimed election officer claims that her signs are protected by the First Amendment as free speech, but the county's counterclaims allege that the signs are a form of voter intimidation, which is not protected by the First Amendment.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: October 25, 2023, Case #: 2:22cv1252, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Rothstein dismisses the self-proclaimed election officer's complaint alleging that the county and others supported laws recognizing her act of placing signs near ballot boxes during the August 2022 Washington State primary election as a criminal form of voter intimidation. The individual does not have standing to challenge “the Electioneering Laws," because she does not present sufficient facts that the county based its actions on the those laws. Also, she fails to argue her First Amendment violation claim because her actions happened in her individual capacity rather than as an election officer.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: October 19, 2023, Case #: 2:22cv1252, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Elections, Government
J. Rothstein denies the employee's motion to file a second amended and supplemental complaint in his lawsuit against Boeing, alleging that Boeing's counsel engaged in intimidating conduct against him during litigation discovery for his employment disability discrimination lawsuit. The supplemental claim is futile because the actions at issue happened during the broad scope of discovery, making them immune under the litigation privilege.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: October 17, 2023, Case #: 3:22cv5728, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Employment Discrimination
J. Rothstein denies the union's motion for a preliminary injunction seeking to enjoin closing on the sale of a hospital facility pending arbitration over a dispute about provisions in their collective bargaining agreements (CBAs). There is no evidence that the hospital closed the hospital building in an attempt to evade the obligations of the CBAs' successor clause, and the Washington State Department of Social and Health Services is justified in wishing for an expedited sale given its need for a state-run hospital.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: September 29, 2023, Case #: 2:23cv1309, NOS: Labor/Management Relations - Labor, Categories: Arbitration, Labor, Injunction
J. Rothstein denies both the mother's and the county's motions for summary judgment regarding the mother's complaint alleging that the county's officers wrongfully shot and killed her son, a Black man, when he fled a sting operation meant to arrest him for selling 50 Xanax pills to an informant. The evidence that the decedent held a cellphone presents a dispute of fact as to whether the officer who fired was justified because he believed the decedent was armed or if the shooting was unjustified based on claims that the decedent held up his phone so his mother could witness the event on FaceTime. The case shall proceed to trial.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: September 28, 2023, Case #: 3:22cv5384, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Rothstein quiets the title on the business owners' residence as part of their complaint alleging that the physical therapy clinic's promissory note, which it got through a loan purchase agreement, is unenforceable because the applicable statute of limitations expired. There is nothing to indicate that there was an expected delay of payment when the physical therapy clinic bought the promissory note and the business owners signed the borrower approval form on Aug. 17, 2015, which activated the six-year statute of limitations that expired on Aug. 17, 2021, over seven months before the physical therapy clinic filed its counterclaim demanding payment on the promissory note.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: September 27, 2023, Case #: 3:22cv5108, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending