A case involving an allegedly defective hip implant is returning to state court after the court held that certain defendants were not fraudulently joined. Because the presence of those defendants destroyed diversity jurisdiction, the court returned the case to state ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District

An insurance company was not required to cover the loss of a yacht that sank after the owner failed to winterize it properly in accordance with the manufacturer’s instructions because the insurance policy covering the yacht explicitly excluded coverage for ...

Tagged with: Insurance Judge Elizabeth K. Dillon U.S. District Court - Western District

Because there were disputed issues of material fact on multiple claims, including one for violation of the Defend Trade Secrets Act (DTSA), a jury will decide if a former employee misappropriated trade secrets or misused confidential information and used them ...

Tagged with: Judge Elizabeth K. Dillon Tort U.S. District Court - Western District

A witness who has a “direct financial interest” in the outcome of the case has a “clear bias” that precludes him from testifying as an expert witness. Background David Steffens, along with Williams Ellis, founded Keystone Transportation Solutions LLC, and ...

Tagged with: Evidence Judge Elizabeth K. Dillon U.S. District Court - Western District

A wife alleging her now deceased and often-estranged husband fraudulently transferred marital assets to a trust can pursue her claims in federal court. Because the federal court complaint was filed before the probate court obtained jurisdiction over the property, the ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District

Where plaintiffs intended to enter into an annuity contract that would provide benefits to both spouses but instead, relying on the investment advice of a registered securities representative for the defendant, entered into a single annuity contract that did not ...

Tagged with: Judge Elizabeth K. Dillon Securities U.S. District Court - Western District

Where a property owner agreed to remove mine tailings from the property of an adjoining landowner after the adjoining landowner was notified that the mine tailings were discharging pollutants into a nearby stream, and the delay in removal, coupled by ...

Tagged with: Administrative Judge Elizabeth K. Dillon U.S. District Court - Western District

Only the plaintiffs who received right-to-sue letters from the Equal Employment Opportunity Commission more than 180 days after filing their EEOC charges could proceed on their discrimination and retaliation claims, but all plaintiffs adequately alleged violations of the Fair Labor ...

Tagged with: Employment Judge Elizabeth K. Dillon U.S. District Court - Western District

A longtime employee who was terminated after being repeatedly counseled about safety and cleanliness issues failed to show the termination was because of his race or age. Instead, the court held the termination was for legitimate business reasons. Background Gary ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

Plaintiff was not subjected to an illegal search and seizure in violation of her Fourth Amendment rights when officers conducted a search of her home and interviewed her because it was clear that the search occurred after the warrant had ...

Tagged with: Judge Elizabeth K. Dillon Search & Seizure U.S. District Court - Western District