36 results for 'judge:"Zilly"'.
J. Zilly denies the debt collector's motion to dismiss the Washington Consumer Protection Act and Washington Collection Agency Act claims in the lease holder's complaint alleging that the debt collector and its employee tried to report a $33,500 debt that the lease holder did not owe for allegedly breaking an apartment lease. The Washington Supreme Court held that a CPA can proceed with an out-of-state plaintiff like the leaseholder if the defendant engaged "in unfair or deceptive acts that directly or indirectly affect the people of Washington," which applies in this case because the debt collector does business in Washington and affects people in Washington.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: March 19, 2024, Case #: 2:22cv1791, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Zilly awards the consumer $3,900 in damages for his purchase of the ASC service contract and $182 for the Gateway Auto Repair emissions repairs for the consumer's lawsuit accusing the car dealer of selling vehicles with illegally altered emission controls. The consumer proves that he suffered both an “injury” and actual damages under the Consumer Protection Act because the car dealer did not disclose that the vehicle had a tampered turbocharger, tampered airbox and lacked VECI sticker constitute.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: March 13, 2024, Case #: 2:20cv1616, NOS: Other Contract - Contract, Categories: Damages, Consumer Law, Contract
J. Zilly defers the investors' proposed notices and claim form as part of their unopposed renewed motion for preliminary approval of a proposed settlement for their class action, which alleges that the pharma company made misleading claims about its registration statement. The investors and the pharma company are to craft a suitable opt-out form, which they will include with the notice to putative class members that is available for download from the settlement administrator's website.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: February 15, 2024, Case #: 2:21cv861, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Settlements, Securities, Class Action
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J. Zilly grants the fire station summary judgment against the employees' complaint alleging that it placed them on unpaid leave for not receiving the Covid-19 vaccine. The employees argue that the fire station already required employees to wear masks and that the masks and PPE would be enough to prevent the spread of Covid-19. However, unvaccinated firefighters would increase the risk of spreading Covid-19 because masks and PPE are only effective when worn, and firefighters could not always wear them.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: January 25, 2024, Case #: 2:22cv1674, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Zilly denies the real estate broker's motion for a new trial regarding its complaint that Zillow concealed all non-multiple-listing services on their websites, resulting in the real estate broker's listings losing traffic. The real estate broker's lack of success with its Consumer Protection Act claim is not due to a procedural flaw during litigation, because it was ably represented by multiple attorneys from well-regarded law firms and it had ample resources to conduct itself in this lawsuit.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: January 18, 2024, Case #: 2:21cv312, NOS: Antitrust - Other Suits, Categories: Antitrust, Jury, Real Estate
J. Zilly stays a portion of the Korean restaurant's case accusing the city of not answering the restaurant's calls for help for the Capital Hill Occupying Protest's foreseeable issues involving property damage, loss of business revenue and violent crime. The restaurant's claims for substantive due process, taking and negligence are dismissed with prejudice. The remainder of the case is stayed pending a ruling by the Washington Supreme Court in "Campeau v. Yakima HMA LLC."
Court: USDC Western District of Washington, Judge: Zilly, Filed On: January 17, 2024, Case #: 2:23cv540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Due Process
J. Zilly partially denies the cruise line's motion to dismiss the unlawful imprisonment and conversion/theft claims of the passenger's second amended complaint asserting that the cruise line unlawfully detained her on its cruise from Hawaii to Tahiti, and then charged her for a hospital stay when she refused to sign a document. The cruise line moves again to dismiss these claims despite a prior court ruling declaring that these claims will remain in the case, and it does not show that the passenger changed the claims so much in this amended complaint that prior analysis no longer applies.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 29, 2023, Case #: 2:23cv93, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Maritime
J. Zilly grants the insureds summary judgment for their claim that the insurance company cannot rely on the vandalism exclusion in the insurance policy to deny the insureds losses from theft of "fixtures, utilities, appurtenances, systems and furnishings." The insurance company asserts that the policy's vandalism exclusion applies because the property was vacant for over 30 consecutive days before the loss, but it offers no basis for why it can deny coverage for any personal property, which includes the washer, dryer and other stand-alone appliances.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 28, 2023, Case #: 2:22cv1174, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Zilly dismisses the supervisor's Americans with Disabilities Act claim accusing the hospital of not intervening when his superior discriminated against him for being gay and for having speech and hearing impediments, including tinnitus. The supervisor's disability was not the cause for his termination, because the alleged adverse employment event happened several months after the supervisor filed his last discrimination complaint, and there is no evidence that his superior treated him differently than his non-disabled co-workers.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 22, 2023, Case #: 2:22cv581, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Zilly denies the employee's motion to amend the judgment for her complaint that the insurance company wrongfully denied her claim for long-term disability benefits under an employee benefit plan. The employee shows a taxable 2015 income of $104,500 but she does not show that this income is solely from her employment, or that it was her base salary without added funds such as bonuses and overtime pay. The insurance company is to calculate the employee's claim for LTD benefits according to the policy, and then it is to pay pre-judgment interest at a 5.46% rate per annum on unpaid LTD benefits from Oct. 6, 2020 until Oct. 6, 2023, the date of judgment.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 18, 2023, Case #: 2:21cv1424, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Insurance
J. Zilly finds in partial favor of the railway company against the seafood processor's complaint that the railway company did not properly refrigerate the seafood processor's frozen fish shipment, resulting in $228,600 in rotten fish. The railway company's BNSF Rules book set a maximum liability limit of $50,000 if a shipper requested full Carmack Amendment to the Interstate Commerce Act carrier liability, and the seafood processor presents no evidence that it lacked awareness of this.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 14, 2023, Case #: 2:21cv1715, NOS: Other Statutory Actions - Other Suits, Categories: Commerce, Transportation
J. Zilly denies the trucking company's motion to modify or vacate the consent decree entered on Dec. 8, 2020, regarding the government's complaint accusing the trucking company of violating the Clean Water Act by discharging fill material into wetlands and streams. The trucking company asserts that wetlands separated from other United States waters by man-made dikes or barriers do not count as adjacent wetlands, but the case the trucking company cites recognizes that the CWA prevents a landowner from carving out wetlands from federal jurisdiction using a barrier.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 8, 2023, Case #: 2:18cv747, NOS: Environmental Matters - Other Suits, Categories: Environment, Native Americans, Water
J. Zilly transfers the shower company's trademark lawsuit against the shower system manufacturer to the District of Nevada. The inconsistencies of the shower system manufacturer and others regarding which entity supplies products to HB-Washington and the lack of documentation that HB-Nevada would allegedly have if it conducted business with HB-Washington do not show that HB-Nevada imported, sold or distributed the shower system manufacturer's products in Washington before this lawsuit began.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: November 9, 2023, Case #: 2:23cv452, NOS: Trademark - Property Rights, Categories: Trademark, Venue
J. Zilly grants the employee's unopposed motion for preliminary approval of a collective and class action settlement for her complaint alleging that the seafood wholesaler does not pay employees for time spent putting on and removing required gear. The proposed gross settlement amount of $600,000 did not change during renegotiations, and the employee's counsel proves that their client is unlikely to prevail on the Fair Labor Standards Act claim otherwise because the seafood wholesaler relocated its time-keeping equipment to employee locker rooms months after this litigation began.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: November 9, 2023, Case #: 2:21cv359, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Zilly grants GRE Management's motion to compel arbitration in the assistant community manager's lawsuit alleging that the real estate agency and others denied her job promotions because of her race and refusal to return to the office while she took care of her disabled son. All five of the assistant community manager's claims against GREM fall within the scope of their agreement, which contains an arbitration provision and is valid because the assistant community manager signed that she acknowledged it as such.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: November 7, 2023, Case #: 3:23cv5578, NOS: Employment - Civil Rights, Categories: Arbitration, Civil Rights, Employment
J. Zilly grants the deferred portion of Bungie's sealed motion for discovery sanctions regarding its complaint that the cheat code developer committed copyright infringement by distributing a software cheat for Bungie's Destiny 2 game. The cheat code developer had a duty to protect the information on four hard drives that one of the defendants wiped, because the information on those drives was potentially relevant evidence to this case.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: November 1, 2023, Case #: 2:21cv811, NOS: Copyrights - Property Rights, Categories: Copyright, Sanctions, Discovery
J. Zilly denies the manufacturer's motion to dismiss the battery applications company's tortious interference with business expectancy counterclaim against the former's lawsuit, which alleges that the battery company stole and created a replica of the manufacturer's invention of a silicon-carbon composite for lithium-silicon batteries. The battery applications company reasonably alleges that the manufacturer contacted the former's potential customers and informed them about the claims in this supposedly meritless lawsuit, which would reasonably interfere with the battery applications company's business.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: November 1, 2023, Case #: 2:22cv1354, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Interference With Contract
J. Zilly grants the pharmacy benefits manager's cross-motion regarding the pharmacy group's contract claim to recover $294,900, which is the difference between what the manager paid for generic Truvada reimbursements and what it allegedly owes the pharmacy group under the provider agreement between Oct. 1, 2020 and Apr. 30, 2021. The provider agreement does not state that listing a brand-name medication in the covered specialty medications table lists means that the generic version is also covered, so the manager properly reimbursed the pharmacy group for generic Truvada.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: October 26, 2023, Case #: 2:22cv148, NOS: Other Contract - Contract, Categories: Contract
J. Zilly declines to find in favor of Bungie on the cheat code developer’s Digital Millennium Copyright Act (DMCA) counterclaim. When the developer would connect reverse engineering software to Bungie’s game, Destiny 2, Bungie would record certain metadata from his computer. The developer sufficiently alleges that Bungie bypassed his password protection to access files on his computer, which is “the type of circumvention the DMCA was intended to prevent.”
Court: USDC Western District of Washington, Judge: Zilly, Filed On: October 16, 2023, Case #: 2:21cv811, NOS: Copyrights - Property Rights, Categories: Copyright, Fraud, Technology
J. Zilly grants the bioinformatics engineer's motion for judgment on the record in this case concerning the denial of benefits under a long-term disability insurance policy. The individual was diagnosed with numerous medical diagnoses, and the insurance provider denied her claim when it determined the policy was not effective during the incurred date. The company is ordered to pay the long-term disability claim with the offset of her social security disability benefits or any other income from this order date until to the end of maximum benefits.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: October 6, 2023, Case #: 2:21cv1424, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Zilly grants the participants and beneficiaries’ motion to certify class, which will include any member who invested funds in the Profit Sharing and Retirement Plan. The class representative, class counsel and local counsel are appointed by the court, ordering the parties 21 days to submit a joint status report.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: October 6, 2023, Case #: 2:22cv37, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Class Action
J. Zilly dismisses the bicyclist's claims against King County alleging that a gap in the road owned by the county caused his bicycle to crash, resulting in his injuries. The bicyclist and the county reached a settlement agreement, though the bicyclist may reinstate his claims against the county within 14 days of this order in the event that the parties are unable to perfect their settlement.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: September 11, 2023, Case #: 2:20cv916, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Settlements, Tort
J. Zilly dismisses the Korean restaurant's claims for violation of its substantive due process rights in its lawsuit alleging that the city did not answer the Korean restaurant's calls for help for the Capital Hill Occupying Protest's foreseeable issues involving property damage, loss of business revenue and violent crime. The Korean restaurant alleges that the city created a generalized danger for everyone in the protest area and the Capitol Hill neighborhood, but this argument fails because the city's response to the protest was not directed toward the Korean restaurant.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: August 29, 2023, Case #: 2:23cv540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Due Process
J. Zilly dismisses the homeowners association's contract claim against the insurance company, which alleges that the insurance company must cover the homeowners association's property damage. The claim is time-barred because the homeowners association filed this action past the two-year deadline by over 16 years and did not provide a sufficient explanation for the delay.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: August 25, 2023, Case #: 2:22cv683, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Zilly finds in favor of the real estate broker's Lanham Act claim that Zillow hid all non-multiple-listing services (MLS) on its websites behind tab labels, causing the real estate broker's listings to lose traffics. Zillow's FAQ page did not make the tab labels less deceptive because it did not identify what the acronym meant, and it did not indicate that an agent did not need to belong to an MLS.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: August 18, 2023, Case #: 2:21cv312, NOS: Antitrust - Other Suits, Categories: Antitrust, Real Estate
J. Zilly dismisses the real estate broker's claim that Zillow and others concealed all non-multiple listing services (MLS) on their websites, resulting in the real estate broker's listings losing traffic. Zillow's decision to implement a uniform two-tab display because 71% of MLSs associated with National Association of REALTORS (NAR) adopted the optional rule against commingling does not prove that there is a scheme between NAR and Zillow to hide non-MLS listings behind a secondary tab on Zillow’s platforms.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: August 16, 2023, Case #: 2:21cv312, NOS: Antitrust - Other Suits, Categories: Antitrust