22 results for 'judge:"Settle"'.
J. Settle denies the state's motion for reconsideration of the court's prior order denying in part the state's bid for dismissal of a challenge to HB 1470, which requires a slew of rules and regulations for private detention facilities that appear to place a burden on the Northwest Detention Center. The state does not show any manifest error that the court made during its ruling, and it once again does not state the similarities between detention centers and residential treatment facilities that might question the ruling. Also, the preliminary injunction against the Department of Health and the Department of Labor and Industries holds, because both are appointed by and serve the governor.
Court: USDC Western District of Washington, Judge: Settle, Filed On: April 15, 2024, Case #: 3:23cv5626, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Injunction
J. Settle finds in favor of the Clorox Company against the salesperson's complaint alleging that Clorox fired him because of his age, sex and race, as Clorox hired a 35-year-old white female to replace the 63-year-old white male salesperson. Clorox establishes that the salesperson was not qualified for the position as he was too reliant on a superior to help him, and he did not think strategically enough to maintain a leadership position. Also, the salesperson does not provide enough evidence that Clorox intended to fire him because of his age, sex or race.
Court: USDC Western District of Washington, Judge: Settle, Filed On: March 26, 2024, Case #: 3:22cv5730, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Settle blocks the state of Washington from enforcing most sections of a law aimed at regulating private for-profit immigration detention facilities. HB 1470, which required a slew of rules and regulations for private detention facilities, violates the supremacy clause because it imposed a burden on the Northwest Detention Center that did not apply to any other facility in the state. Only Section 4 of the law, which does not apply to any contract signed before Jan. 1, 2023, remains in place while the rest is blocked by a preliminary injunction.
Court: USDC Western District of Washington, Judge: Settle, Filed On: March 8, 2024, Case #: 3:23cv5626, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Jurisdiction, Injunction
J. Settle grants the insurance company summary judgment against bad faith, Insurance Fair Conduct Act and Washington Consumer Act claims in the nonprofit corporation's complaint that the insurance company wrongfully refused to defend the nonprofit in an underlying lawsuit. The insurance company has no duty to defend the nonprofit because the potential of a warrant of abatement and the cost of permits to continue using the property as a shooting range do not qualify as damages under the insurance policies.
Court: USDC Western District of Washington, Judge: Settle, Filed On: February 29, 2024, Case #: 3:11cv5021, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract
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J. Settle finds in favor of the mattress manufacturing company against the employee's complaint that the company did not interfere when her manager sexually harassed her, leading to her voluntary resignation. The employee's claim that the company did not listen to her recordings or view the surveillance videos of the harassment, and thus allowed the harassment, fails because the company repeatedly claimed its intention to fire its manager, which the employee acknowledged to the head of Human Resources.
Court: USDC Western District of Washington, Judge: Settle, Filed On: November 21, 2023, Case #: 3:22cv5645, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Settle dismisses the security company's lawsuit alleging that the state passed EHB 1090, an allegedly unconstitutional bill that generally prohibits the operation of a private detention facility. Among other factors, the security company's concern that EHB 1090 would allow the state to prevent it from operating a facility under a contract with the U.S. Marshals Service is unfounded, because the security company does not seek this relief in its complaint and EHB 1090 authorizes the U.S. Marshals Service to contract with private detention entities.
Court: USDC Western District of Washington, Judge: Settle, Filed On: November 16, 2023, Case #: 3:21cv5313, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Government, Immigration
J. Settle confirms the consent decree between the nonprofit organization and the port district regarding the former's lawsuit alleging that the latter discharged copper ore and other pollutions from its dry bulk commodities terminal into the waters of the United States in violation of the port's National Pollutant Discharge Elimination System permit. Among other stipulations, the port district shall develop and implement an operations and maintenance plan for the bioretention treatment system at Terminal 2 of its facility.
Court: USDC Western District of Washington, Judge: Settle, Filed On: November 14, 2023, Case #: 3:21cv5486, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Settle finds in favor of the insurance company for its complaint that it has no duty to defend or indemnify the metal contractor in an underlying lawsuit in which Pacific Seafood's employee claims he was injured by the metal contractor's "fish skinning wheel." The insurance company's Comprehensive General Liability policy does not cover the employee's negligence and defective design and manufacturing claims against the metal contractor, so the insurance company does not have to defend or indemnify the metal contractor as a matter of law.
Court: USDC Western District of Washington, Judge: Settle, Filed On: October 19, 2023, Case #: 3:23cv5400, NOS: Insurance - Contract, Categories: Insurance, Negligence, Product Liability
J. Settle denies the insured's motion for certification of his class action alleging that the insurance company does not pay its insureds for the diminished value of their vehicles under their underinsured motorist policies. The insured does not present commonality among class members because the insurance company's 10 individualized questions arising from each claim can only be answered individually, and the insured does not demonstrate that the class members whose vehicles suffered structural or metal sheet damage, or whose vehicles required body work or paint, own a vehicle that cannot be repaired to its pre-accident condition.
Court: USDC Western District of Washington, Judge: Settle, Filed On: August 30, 2023, Case #: 3:19cv6209, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Class Action
J. Settle grants the corrosion control technician's motion to remand his class action alleging that the energy utility company has a practice of not paying its employees their full due wages. The company fails to prove that the removal was proper, as the technician only alleges violations of Washington statutes, which are not preempted by the two collective bargaining agreements that fall under federal jurisdiction. The claims only allege missed meal periods, not meal periods and rest periods as set in a prior case.
Court: USDC Western District of Washington, Judge: Settle, Filed On: August 24, 2023, Case #: 3:22cv5942, NOS: Labor/Management Relations - Labor, Categories: Employment, Jurisdiction, Class Action
J. Settle denies the jail nurse's motion to dismiss the detainee's medical negligence and deliberate indifference claims alleging that the nurse falsely documented that the detainee did not have impaired mobility from his ankle injury following a chase with the county's police officers. The detainee plausibly alleges that the nurse's alleged actions did cause him injury if it is proven that the nurse falsely reported that the detainee did not have any recent hospitalizations and did not have impaired mobility issues.
Court: USDC Western District of Washington, Judge: Settle, Filed On: August 11, 2023, Case #: 3:22cv5862, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence
J. Settle dismisses the Christian church's claim that SB 6219, a 2018 Washington State law that requires all health insurance plans that provide maternity coverage to provide substantially equivalent abortion coverage, violates its First Amendment rights because its religious beliefs are against facilitating abortion. Despite the church's arguments to the contrary, SB 6219 does not favor secular conduct because there is no evidence that it was enacted to target religion. Also, SB 6219 is rationally related to a legitimate governmental purpose, because it is meant to give Washingtonians better access to health benefits and provide essential primary care to women and teens.
Court: USDC Western District of Washington, Judge: Settle, Filed On: July 25, 2023, Case #: 3:19cv5181, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Insurance, First Amendment
J. Settle dismisses the arrestee's claim that the officers violated his Fourth and Fourteenth Amendment rights upon arresting him for responding to an ad posted by undercover operation “Net Nanny Stings" and charging him with attempted rape of a child. The officers had probable cause to arrest him because he responded to a fake ad in which a mother offered her children for sexual acts and showed up at the agreed time with condoms, lube and candy for the children.
Court: USDC Western District of Washington, Judge: Settle, Filed On: July 17, 2023, Case #: 3:21cv5258, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence
J. Settle grants partial summary judgment to the insured for her claim that the insurance company must provide her full medical coverage and coverage for other costs and damages she incurred from an accident with an at-fault uninsured motorist. The insurance company's comparative bad faith affirmative defense, arguing that the pre-lawsuit negotiations conduct of the insured's attorney caused a delay in the insurance company's investigation, is not legitimate under Washington law because the insurance company does not distinguish between the insured's conduct and that of her attorney. Also, the insurance company has a higher standard of conduct to uphold in regard to insurance contracts than the insured does, meaning a comparative defense is not valid.
Court: USDC Western District of Washington, Judge: Settle, Filed On: June 27, 2023, Case #: 3:22cv5436, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Settle dismisses the advisory company's fraud claim in its lawsuit alleging that the hearing instruments manufacturer made assurances that it would enter into a new supply agreement with the advisory company, but instead it terminated the existing contract without notice and solicited direct sales from the advisory company's customers without its knowledge. The advisory company bases its fraud claim on the manufacturer's statements that it "would never drop Fuel Medical without notice," and how “a new contract was imminent,” but these statements indicate a possible future rather than a current event.
Court: USDC Western District of Washington, Judge: Settle, Filed On: June 9, 2023, Case #: 3:22cv5934, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Settle dismisses the teacher's claim that Director of the Washington State Department of Retirement Systems Tracy Guerin allowed the department to not account for the daily interest the teacher earned for his Teachers Retirement System Plan 2 retirement funds when he transferred the funds to TRS Plan 3. The teacher's claim is subject to a three-year limitations period, which already expired.
Court: USDC Western District of Washington, Judge: Settle, Filed On: May 19, 2023, Case #: 3:15cv5367, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Settle declines to dismiss the church's claim that a 2018 Washington law requiring all health insurance plans to provide coverage for abortions if they also provide maternity coverage violates the church's religious beliefs against abortion. The state argues that dismissal is appropriate because the church can obtain comparable coverage, but this is not true as only self-insurance is a plan that would restrict abortion in a manner consistent with the church's religious beliefs, and self-insurance is not a financially viable option compared to a fully insured plan.
Court: USDC Western District of Washington, Judge: Settle, Filed On: May 16, 2023, Case #: 3:19cv5181, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Government, Insurance