11 results for 'judge:"Traum "'.
J. Traum finds for an insurer on an insured's action seeking coverage for an offroad ATV accident on the presumption the ATV was covered under his homeowner's umbrella policy. Though the same agent handled the umbrella policy as well as the separate ATV policy, nothing in the record indicates the ATV is covered under the umbrella policy or that the insured party was told so.
Court: USDC Nevada, Judge: Traum , Filed On: May 7, 2024, Case #: 3:21cv419, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
J. Traum grants the newspaper's motion to exclude expert testimony that was to be made on behalf of another media company in support of its claims the newspaper breached the cooperation and quality provisions of a joint operating arrangement triggering this range of antitrust and contract claims and counterclaims. The paper provides no source that calls into question the expert's methods. The validity challenge can be pursued before the jury.
Court: USDC Nevada, Judge: Traum , Filed On: March 31, 2024, Case #: 2:19cv1667, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts, Discovery
J. Traum grants the insurer's motion for summary judgment. The driver's personal insurer brings this claim against the insurer of his company seeking equitable indemnity or subrogation for a payment of uninsured motorist coverage benefits. The driver incurred more than $1 million in injuries while driving for a company insured by the accused insurer. The driver's personal insurer seeks to recover the $250,000 it paid under the policy limit. The insurers had a sufficient relationship to permit equitable relief. The driver's insurer's prompt resolution of claims further supports finding the accused insurer should indemnify.
Court: USDC Nevada, Judge: Traum , Filed On: March 22, 2024, Case #: 2:22cv1133, NOS: Insurance - Contract, Categories: Employment, Insurance, Indemnification
J. Traum grants the equipment rental company's motion for summary judgment in its employment agreement-related against a former sales rep. The sales rep was hired pursuant to a noncompetition agreement and began communicating with a competitor about job opportunities after having a dispute with his supervisor. After this, the sales rep requested a copy of the agreement to ensure that he was complying with all restrictive covenants and created a 103-page list of customers by taking screenshots of customer information. Sufficient evidence supports the judgment.
Court: USDC Nevada, Judge: Traum , Filed On: March 5, 2024, Case #: 2:21cv2190, NOS: Other Contract - Contract, Categories: Commerce, Evidence, Contract
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J. Traum, in this amended order, grants the parents' motion for summary judgment in this suit alleging the school district improperly exited their child from special education services. Classroom observations provided by staff, together with the student's poor grades, do not suggest that he was able to access the curriculum without accommodations. The evidence shows he was eligible for special education services.
Court: USDC Nevada, Judge: Traum, Filed On: September 20, 2023, Case #: 3:21cv242, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Education, Evidence
J. Traum dismisses the city employee���s suit alleging that the city failed to take action to stop the spreading of rumors of his inappropriate sexual relations with underage women, his embezzling money from a local business and his receiving improperly approved police overtime. The employee fails to plead an adverse employment action under the cited title of the Civil Rights Act and does not make a prima facie case of retaliation. Claims regarding the employee���s right to exercise his religion are mostly subjective and do not rise to a substantial burden on his exercise of religion. Any further amendment would be futile.
Court: USDC Nevada, Judge: Traum, Filed On: August 14, 2023, Case #: 2:21cv1946, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Retaliation
J. Traum grants a student���s motion for summary judgment in this suit seeking review of the Nevada Department of Education���s decision upholding the district���s decision to exit the student from special education services. The district was on notice that the category of health impairment other than orthopedic impairment was a category of suspected disability. The district violated the Individuals with Disabilities Education Act, failing to properly consider health impairment. A preponderance of the evidence shows that the student was eligible for special education services.
Court: USDC Nevada, Judge: Traum, Filed On: August 11, 2023, Case #: 3:21cv242, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Traum grants a union���s motion for summary judgment in this suit brought by the former flight attendant on claims of discrimination and coercion under the Railway Labor Act after his bidding privileges for work schedule and vacation were suspended due to nonpayment of union dues or agency fees. Under the Act, unions have a statutory duty to represent nonmembers and members equally and may require payment of dues or fees as a condition of employment and may uniformly impose seniority-related penalties for nonpayment.
Court: USDC Nevada, Judge: Traum, Filed On: August 9, 2023, Case #: 2:20cv437, NOS: Other Labor Litigation - Labor, Categories: Employment Retaliation, Labor / Unions
J. Traum denies Johnson & Johnson���s motion for summary judgment in this suit seeking damages for injuries sustained following surgical implantation of a pelvic mesh product as to the patient���s failure to warn liability claim. A genuine issue of fact exists as to whether the physicians would have changed their decision to recommend the product had adequate warnings been provided. Summary judgment is granted as to defective product and unjust enrichment claims as the patient consents to withdraw them.
Court: USDC Nevada, Judge: Traum, Filed On: August 1, 2023, Case #: 2:20cv1984, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability
J. Traum denies a grocery store���s motion for summary judgment as to the employee���s negligent retention and sexual harassment claims arising from another employee���s harassing behavior. The employee made several complaints that were not followed up on, and the manager eventually told the other employee about who was making the complaint, violating the policy of anonymity. The employee has presented genuine disputes of material fact as to both her negligent retention and sexual harassment claims, as the harassment occurred frequently enough to be considered pervasive. As she has conceded her retaliation claim, summary judgment is granted the grocery on this claim only.
Court: USDC Nevada, Judge: Traum, Filed On: May 24, 2023, Case #: 2:21cv2066, NOS: Other Labor Litigation - Labor, Categories: Civil Rights, Employment Retaliation