557 results for 'court:"USDC Eastern District of New York"'.
J. Reyes tosses a third-amended false advertising complaint concerning at-home ovulation test kits sold at various nationwide retail chains under the Clearblue and First Response brands. The suing customers say the products fail to predict when a consumer is ovulating with 99% accuracy. The court finds a reasonable consumer would exhibit a higher degree of discernment when deciding whether to buy the product and would read the side and back labeling, which clearly state the product does not test for actual ovulation, rather it detects a rise in luteinizing hormone levels, which typically suggests ovulation will occur in the next 24-36 hours.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: May 7, 2024, Case #: 1:22cv5435, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Consumer Law, Class Action, False Advertising
[Consolidated.] J. Cho consolidates two securities class actions against New York Community Bancorp, a Northeast-regional bank holding company, which allegedly made misleading statements regarding the quality of its assets following the acquisition of two commercial banks, leading to a steep decline in its stock value once it announced it would cut dividends following substantial quarterly losses. The court finds the two cases involve the same set of claims and questions of law. The court further appoints the Boston Retirement System as lead plaintiff, finding it suffered the second biggest financial losses at $889,177 and it satisfies the court’s preference to have institutional investors as lead plaintiffs in class actions.
Court: USDC Eastern District of New York, Judge: Cho, Filed On: May 7, 2024, Case #: 2:24cv1118, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Morrison orders the former attorney, Andrew Plasse, in an excessive force lawsuit against New York City to transfer his client’s case file to the new counsel, Michael Walker, finding the Plasse is not entitled to either a retaining or charging lien after concluding he was discharged from the case with cause. Plasse was sanctioned by the court for failing to act in his client’s best interest, including withholding pertinent details of a proposed settlement agreement and by lying to the court about his client’s health in order to adjourn a scheduled conference.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: May 6, 2024, Case #: 1:14cv680, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Attorney Discipline
J. Locke declines to sever and stay a patent infringement claim from a patent, false advertising and trademark complaint against three Germany-based companies alleging they manufactured, imported and sold infringing dental adhesive mixing devices, finding several factors weigh against severance. The court further grants the competitors’ motion to stay the full case pending resolution of the litigant’s appeal challenging the Patent Trial and Appeal Board’s decision, which found several aspects of the underlying patent unenforceable.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: May 3, 2024, Case #: 2:22cv6613, NOS: Patent - Property Rights, Categories: Patent, Trademark, False Advertising
J. Brown preserves, in part, a putative class action against the parent company of the Cold Stone Creamery ice cream shops, which allegedly misled consumers into believing its pistachio-flavored ice cream contained actual pistachio nuts. The litigant sufficiently backed up her claims by including documentation showing competitors’ ice cream products contained pistachio nuts, as well as customer surveys showing 85% of those polled expected there to be pistachio nuts in the product. However, she fails to provide similar documentation regarding several other flavors; thus her claims related to those flavors are dismissed.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: May 2, 2024, Case #: 2:22cv7841, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Class Action
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J. Cogan dismisses an unpaid wages complaint against a company who had settled similar claims in a prior class action. The litigant, one of four class members in the class action, sought to challenge the settlement, claiming it was unfair and did not adequately represent his interests, but the court disagrees, finding he had ample opportunity to either raise objections or opt out of the settlement after notices were sent out to potential members.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: May 1, 2024, Case #: 1:23cv5165, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Gershon dismisses, with prejudice, a third-amended False Claims Act suit against the maker of durable medical equipment and two health care providers alleging they submitted fraudulent reimbursement claims to Medicare and Medicaid. The relators fail to allege they were the original sources of the information at the heart of their case and thus fail to meet the law’s original source exception.
Court: USDC Eastern District of New York, Judge: Gershon, Filed On: April 30, 2024, Case #: 1:18cv2600, NOS: False Claims Act - Torts - Personal Injury, Categories: Fraud, Health Care, False Claims
J. Merchant grants a motion in limine and excludes a tenured law professor from St. John’s University School of Law as an expert witness in a trademark lawsuit concerning a dispute over the MED-AIRE brand of medical mattresses. The court finds a report he authored for the case relates to straightforward matters regarding trademark law that a jury can understand without the assistance of an expert.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 26, 2024, Case #: 2:22cv1272, NOS: Trademark - Property Rights, Categories: Trademark, Experts
J. Merchant dismisses a Middle Eastern employee’s retaliation claims against a Brooklyn health care provider, finding that filing complaint she made against her supervisor, for forcing her to work near an employee who tested positive for Covid-19, is not protected activity for purposes of a retaliation claim. The court however preserves her discrimination claims, finding she provides enough detail to allege she faced differential treatment because of her national origin.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 24, 2024, Case #: 1:23cv3313, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination, Employment Retaliation
J. Gonzalez adopts a magistrate judge’s findings and dismisses a field technician’s wrongful termination suit against Charter Communications, an Internet service provider. His retaliation and negligence claims are both time-barred, and he fails to provide any substantive evidence to rebut his employer’s defense that he was an at-will employee.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: April 24, 2024, Case #: 1:23cv7383, NOS: Other Contract - Contract, Categories: Employment, Negligence, Employment Retaliation
J. Choudhury tosses a class action brought by a self-representing litigant claiming several entities orchestrated a scheme to bankrupt and ultimately close an all-girls Catholic high school in Long Island, as well as other schools throughout the country. His claims do not concern federal law or establish diversity jurisdiction. Most notably, the court rules a pro se litigant cannot serve as class representative and class counsel at the same time, as that would unfairly prejudice the class members.
Court: USDC Eastern District of New York, Judge: Choudhury, Filed On: April 23, 2024, Case #: 2:24cv2636, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Jurisdiction, Class Action
J. Block preserves on a motion to dismiss a false advertising class action against the makers of Kerrygold Irish Butter alleging it misled consumers regarding the presence of per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” in the product’s packaging. The litigant bases the complaint on the premise that the chemicals can seep into the food itself, which the court finds as plausible. The court further finds a reasonable consumer would perceive the products as not containing harmful chemicals based on the “Pure Irish Butter” labeling.
Court: USDC Eastern District of New York, Judge: Block, Filed On: April 23, 2024, Case #: 2:23cv1198, NOS: Truth in Lending - Torts - Personal Property, Categories: Agriculture, Class Action, False Advertising
J. Matsumoto approves a $9.5 million proposed class action settlement against a steel manufacturer on claims for securities violations. Investors sued the company following a steep decline in its stock price after it was reported it had engaged in a bribery scheme targeting government officials in Argentina. The court awards lead counsel a third of the settlement amount, approximately $3.1 million, in attorney fees, plus $83,935 in expenses.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 22, 2024, Case #: 1:18cv7059, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Garaufis denies a motion to remand to state court a complaint against T-Mobile which alleges two employees stole $32,000 from a customer’s Coinbase account after stealing his personal information stored on his SIM card. The court finds the customer’s proposed settlement seeking a six-figure amount establishes the court’s jurisdiction.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: April 19, 2024, Case #: 1:23cv5206, NOS: Other Contract - Contract, Categories: Venue
J. Wicks denies a contractor’s motion to reopen discovery and further grants in part the Department of Labor’s motion for a protective order in this lawsuit seeking an order preventing the contractor from impeding the government’s investigation into alleged labor law violations. The courts concludes that reopening discovery to obtain a notice provided by the Department of Labor bestowing certain benefits to its employees if they act as confidential witnesses, which the defense claims creates a credibility issue, would deter potential witnesses from participating in the case and prejudice the case against the department.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 19, 2024, Case #: 2:21cv5697, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Labor
J. Wicks grants in part a motion to seal personal information disclosed in series of prior motions to quash or for a protective order, which included the defendants’ social security numbers and corporate bank account information. Several court filings are sealed entirely, while the court allows a portion of the documents to be refiled with redactions. The rest will remain public because the defendants themselves waived their rights to privacy when they included the information in their court motions and allowed those documents to remain on the court docket for months without taking the appropriate action.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 19, 2024, Case #: 2:23cv2370, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Evidence, Privacy, Discovery
J. Lindsay enters judgment in favor of a commercial door hardware manufacturer on the remaining breach of contract claim alleging it failed to provide a reseller with a continuous supply of if its products to ensure the reseller fulfilled its government contracts. The court considers the letters of supply provided by the manufacturer neither part of their dealer purchase agreement nor an enforceable contract, and further finds the supplier had not breached the original agreement because they agreed to continue supplying merchandise.
Court: USDC Eastern District of New York, Judge: Lindsay, Filed On: April 19, 2024, Case #: 2:15cv6280, NOS: Other Contract - Contract, Categories: Contract
J. Matsumoto dismisses a defamation lawsuit against a couple, who run a website and YouTube channel, and allegedly made defamatory statements about a North Carolina maker of tabletop role-playing games. The court finds the majority of the statements, some of which amounted to nothing more than name-calling, would merely be interpreted as opinions and thus are too subjective to be actionable.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 17, 2024, Case #: 1:22cv5686, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Defamation
J. Sannes adopts a magistrate judge’s order in full and dismisses an unrepresented litigant’s medical malpractice and disability discrimination claims against an upstate New York health care provider. His claims for medical malpractice are not actionable under the ADA or the Rehabilitation Act, and he fails to provide any evidence that would suggest discriminatory animus on the basis of a disability. Additionally, the court reaffirms the judge’s order denying his request to make his medical records public, as it would violate the court’s standard practice.
Court: USDC Eastern District of New York, Judge: Sannes, Filed On: April 17, 2024, Case #: 8:24cv27, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Procedure, Ada / Rehabilitation Act, Medical Malpractice
J. Komitee partially adopts a magistrate judge’s order and preserves for the most part an employment discrimination complaint filed against the United States Postal Service. The court dismisses the employee’s race or national origin discrimination claim with leave to amend. The court however rejects the order’s conclusion that the postal service had a legitimate reason for issuing adverse employment actions against the employee, finding the decision was based on evidence outside the pleadings.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 17, 2024, Case #: 2:20cv1146, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination
J. Seybert grants a construction worker’s motion for reconsideration, but again finds he lacks standing to bring claims for wage statement and notice violations against his employer under the Wage Theft Prevention Act. The court subsequently enters default judgment in his favor on his unpaid regular and overtime wages claims and awards him $17,217 in unpaid wages, plus that amount in liquidated damages, as well as pre- and post-judgment interest.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: April 16, 2024, Case #: 2:21cv4959, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages, Labor