11 results for 'judge:"Whelan"'.
J. Whelan affirms a magistrate judge's discovery order denying Abbott Laboratories' motion to compel production of a private fund advisor's disclosure statements to the government in false claims action accusing Abbott of engaging in a nationwide scheme of paying illegal kickbacks to physicians and hospitals. "Abbott has not known a 'substantial need' to overcome the work product doctrine and access the disclosure statement since Abbott's asserted public disclosure defense, as pled, is too conclusory."
Court: USDC Southern District of California, Judge: Whelan, Filed On: May 14, 2024, Case #: 3:20cv286, NOS: False Claims Act - Torts - Personal Injury, Categories: Discovery, False Claims
J. Whelan declines in part to dismiss the driver's complaint alleging that McLaren Automotive was unable to repair his 2020 McLaren 620R. The driver may move forward with his claim for breach of express warranty claim under state law, but not his warranty claims under federal law. The driver's complaint alleges violations of state express and implied warranty law, but does not allege that the vehicle's warranty was a "full warranty" that failed to meet the federal standard.
Court: USDC Southern District of California, Judge: Whelan, Filed On: May 6, 2024, Case #: 3:23cv1928, NOS: Contract Product Liability - Contract, Categories: Warranty
J. Whelan dismisses some of the self-help book author's state claims alleging that Kaiser Foundation Health Plan's employees used content from her pain management workbook without her permission. The author's claims for negligence and emotional distress are preempted by the federal Copyright Act because they are premised on the employees using the content of her workbook, including her system, process and ideas. The remaining claims are not preempted and are remanded to state court.
Court: USDC Southern District of California, Judge: Whelan, Filed On: December 15, 2023, Case #: 3:23cv1507, NOS: Other Contract - Contract, Categories: Preemption, Jurisdiction, Contract
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J. Whelan denies the consumer's motion to remand his warranty complaint alleging that his 2020 Chevrolet Bolt had defects that GM was unable to fix. GM provides evidence that the vehicle is worth $38,000. Because attorney fees in a case such as this are likely to be around $50,000, the total actual damages at issue meet the $75,000 threshold for federal jurisdiction.
Court: USDC Southern District of California, Judge: Whelan, Filed On: November 29, 2023, Case #: 3:23cv1556, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction, Warranty
J. Whelan denies a consumer's motion to remand warranty claims against General Motors. The consumer's complaint "goes beyond merely requesting the Song-Beverly Act's civil penalties" and instead "makes numerous allegations of willful misconduct." If these allegations are proven true, the civil penalty award could total as high as $28,000. This amount combined with the actual damages and potential attorney fees at issue would more than exceed the $75,000 threshold for jurisdiction.
Court: USDC Southern District of California, Judge: Whelan, Filed On: November 28, 2023, Case #: 3:23cv1554, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Jurisdiction, Warranty
J. Whelan finds in favor of the insurance company for breach of covenant of good faith and fair dealing brought by an insured physician. The insurer's determination of how the physician became disabled is supported by five physicians. A genuine dispute exists as to the origin of the physician's disability, so the insurer is not liable for bad faith even though it might be liable for breach of contract.
Court: USDC Southern District of California, Judge: Whelan, Filed On: November 6, 2023, Case #: 3:22cv767, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Whelan mostly grants the county's motion to dismiss civil rights claims brought by a civilian who says that a group of police officers in an unmarked vehicle yanked him from his car in a line at a drive thru prescription pickup, handcuffed him, and then pointed their guns in his face without prior explanation. The civilian fails to show that the officers' conduct was because of his race, nor does he identify any specific county policies that led to the deprivation of his rights. However, the civilian's Bane Act claim can continue against one officer based on the officer's alleged use of excessive force.
Court: USDC Southern District of California, Judge: Whelan, Filed On: October 4, 2023, Case #: 3:23cv823, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Equal Protection, Police Misconduct
J. Whelan grants the city of San Diego's motion to dismiss negligence claims brought by the federal government following the collision between two planes at the Brown Field Municipal Airport. The negligence claim does not arise from restrictions on a deed that were imposed when the federal government transferred its interest in the airport to the city; the claim could be brought even if the deed did not exist. Because this claim does not present a uniquely federal interest and does not warrant the displacement of state law, the federal government was required to comply with the
California Tort Claims Act, which it failed to do.
Court: USDC Southern District of California, Judge: Whelan, Filed On: September 27, 2023, Case #: 3:23cv1000, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Property, Negligence
J. Whelan finds that a former employee may pursue wrongful discharge claims against his employer. Although the employee alleges that he "resigned" in his declaratory relief cause of action, he alleges in his wrongful discharge cause of action that the employer sent him a termination letter. While both claims cannot be true, "this inconsistency is permitted under the Federal Rules of Civil Procedure, which allow pleading in the alternative."
Court: USDC Southern District of California, Judge: Whelan, Filed On: August 21, 2023, Case #: 3:23cv1164, NOS: Other Contract - Contract, Categories: Civil Procedure, Employment