38 results for 'judge:"Whitehead"'.
J. Whitehead awards the nonprofit organization $359,100 in attorney fees following a consent decree for its complaint that the state government office enacted hatchery programs that affected the threatened Puget Sound steelhead and did not undergo required review, in violation of the Endangered Species Act. The attorneys' requested rates range from $290 per hour to $700 per hour based on the level of experience, which are reasonable.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 30, 2024, Case #: 2:21cv169, NOS: Environmental Matters - Other Suits, Categories: Environment, Attorney Fees
J. Whitehead denies summary judgment to the insurance company against the Insurance Fair Conduct Act claim of the insured's complaint alleging that the insurance company refused to pay her $55,000 owed for her underinsured motorist claim. It is unclear if the insurance company's offer was the result of an adequate investigation, because it is still unclear if the insured's injuries are traceable to the accident with the underinsured motorist.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 29, 2024, Case #: 2:23cv216, NOS: Insurance - Contract, Categories: Insurance, Vehicle
J. Whitehead declines to dismiss Amazon's complaint that the research institute refused to refund Amazon after it did not supply the company with the promised disposable medical gloves. Amazon sufficiently alleges that the research institute's employees and officers are its alter egos, that they knowingly made false promises about the disposable medical gloves, and that some misrepresentations happened before Amazon made the purchase.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 29, 2024, Case #: 2:21cv753, NOS: Other Contract - Contract, Categories: Fraud, Contract
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J. Whitehead denies the injured car passenger's request for a ruling stating that funds received for personal injury protection subrogation from an at-fault party "prior to full compensation" are owed to the insured. The passenger "impermissibly seeks a general proclamation about the rights and duties of insureds and insurers without identifying the specific claim, 'or part of each claim,' on which he seeks summary judgment." He also fails to show that the insurer acted deceptively in its handling of the claim.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 25, 2024, Case #: 2:22cv1720, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Whitehead dismisses the pharmaceutical company's attempt to vacate, modify or correct the $310,000 arbitration award in the former employee's favor after the pharmaceutical company fired her without notice. This court does not have jurisdiction over the former employee because she is a Minnesota citizen who had Minneapolis listed as her primary location and who did not have “continuous and systematic” contacts with Washington during her employment.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: February 27, 2024, Case #: 2:23cv700, NOS: Other Contract - Contract, Categories: Arbitration, Jurisdiction, Contract
[Consolidated.] J. Whitehead grants the customer's motion to appoint interim class counsel for her claim that Amazon charged its customers for their returned items in violation of its own refund terms and exchange policies. The law firms Terrell Marshall Law Group, George Feldman McDonald, Quinn Emanuel Urquhart & Sullivan and Zigler Law Group will become the interim co-lead counsel, because all of them have extensive experience with consumer class actions, including against Amazon, and there is no suggestion that either team would not devote all necessary resources to fully pursue this case on behalf of their clients.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: February 22, 2024, Case #: 2:23cv1372, NOS: Other Contract - Contract, Categories: Class Action, Contract
J. Whitehead grants Microsoft leave to amend its invalidity contentions against 53 of the computer consulting company's 54 claims that Microsoft wrongfully uses the computer consulting company's patented technology connected to systems and techniques for archiving and restoring files within its file hosting service "Microsoft OneDrive." The computer consulting company will not face undue prejudice if Microsoft amends its invalidity contentions, because Microsoft did not act in bad faith and any alleged prejudice can be cured with an amended case schedule.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: February 2, 2024, Case #: 2:22cv1545, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Whitehead finds in favor of the city against the family's claim that the city's officers arrested the husband for violating a no-contact order involving the wife without probable cause. At the time of the arrest, the wife gave the city's officers information that would give them probable cause to make the arrest, as the wife initially said that the husband sent “manipulative, threatening and slander[ous]" messages.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: January 29, 2024, Case #: 3:22cv5554, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Restraining Order
J. Whitehead denies the property owners' motion to dismiss the insurance company's attempt to seek a declaration that it has no duty to defend or indemnify Miggy Mover LLC or its owner in an underlying lawsuit brought by the property owners, who claim that Miggy Mover wrongfully withheld their belongings in a storage unit instead of delivering the belongings to the new home. The insurance company adequately pleads its case because it only seeks relief in the form of a declaration of no duty to defend or indemnify, which allows this case to remain in federal jurisdiction.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: January 23, 2024, Case #: 2:23cv510, NOS: Insurance - Contract, Categories: Insurance, Property, Jurisdiction
J. Whitehead denies the insurance company's motion to disqualify its opposing counsel from litigation alleging that the insurance company has no duty to defend or indemnify the Estate of Charles McCarthy against abuse claims or to pay a settlement for the underlying claims in state court. The insurance company's motion is premature because it makes the motion before the trial begins, and the insurance company does not cite any legal or factual basis to exclude its opposing counsel.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: January 10, 2024, Case #: 3:22cv6016, NOS: Insurance - Contract, Categories: Insurance, Settlements
J. Whitehead grants the alcohol beverage company's motion for expedited discovery from third parties to discovery the identity of the unknown actor who allegedly used the intermediary to register "thorntailhardavage.com" and other mirror websites that defame the alcohol beverage company, which also infringe on the latter's “Thorntail Hard Agave” trademark. The alcohol beverage company and its owner show good cause to conduct limited early discovery to identify the unknown actor because courts routinely conduct this type of discovery and the request targets information only about the domain registrars, website hosts and back-end service providers associated with the intermediary.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: December 29, 2023, Case #: 2:23cv1984, NOS: Trademark - Property Rights, Categories: Trademark, Discovery
J. Whitehead orders the federal government to produce the 10 documents listed in the tribe's motion to compel, as part of the tribe's complaint that the government wrongfully refused to federally recognize the tribe. The tribe's allegations and the description of the withheld documents, such as the emails the Muckleshoot Tribe sent to the Department of the Interior, are enough to warrant an in-camera review that may yield evidence.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: December 12, 2023, Case #: 2:22cv633, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Government, Native Americans, Discovery
J. Whitehead grants the customer's motion to remand to state court her complaint alleging that she slipped and injured her knee inside a Safeway grocery store. Safeway filed its removal motion around the one-year deadline of the removal statute, which was one year after the customer filed and served her complaint, but Safeway does not show that the customer acted in bad faith during discovery to justify the filing delay, so this case will be remanded.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: November 9, 2023, Case #: 2:23cv638, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Jurisdiction, Discovery
J. Whitehead grants the insurance company partial summary judgment against the real estate investors' lawsuit alleging that the insurance company wrongfully denied their claims for damaged stormwater drainage systems. The 2010 and 2011 notices and the 2001 and 2004 covenants are excluded from coverage under the policy, because the real estate investors knew that the property experienced significant storm drain issues but they continued with the purchase, thus agreeing to the risk of loss, costs and expenses from the property's drainage system.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: November 8, 2023, Case #: 2:23cv584, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Whitehead denies the insurance company partial summary judgment against the insured's complaint that it stopped the insured from collecting full benefits under his uninsured motorist policy after an underinsured motorist rear-ended his vehicle. The insurance company argues that it offered the insured a reasonable offer based on the information it had at the time, but other courts have found that juries in cases with similar circumstances are better able to make this determination rather than the court deciding at the summary judgment stage.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: November 2, 2023, Case #: 2:22cv1714, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Whitehead denies counter claimant American Marriage Ministries partial summary judgment on its common law trademark and Consumer Protection Act counterclaims, which arise from Universal Life Church Monastery Storehouse's lawsuit alleging that an employee and others defamed the religious organization by showing a side-by-side comparison between the Universal Life Church's and the employee's websites. There are still disputed issues of material fact on how distinctive AMM's trade name is from Life Church's trade name, which leads to further dispute on the likelihood of confusion.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: August 24, 2023, Case #: 2:19cv301, NOS: Copyrights - Property Rights, Categories: Copyright, Trademark, Consumer Law