552 results for 'court:"USDC Southern District of New York"'.
J. Liman partially denies the company's motion to dismiss its founder's claims it has purposefully frustrated his efforts to exercise millions of dollars worth of options to acquire company stock. The founder has adequately pleaded that the company prevented him from exercising his options by failing to provide a timely valuation of the stock and refusing to issue him shares based on claims he had not satisfied his tax obligations.
Court: USDC Southern District of New York, Judge: Woods, Filed On: May 16, 2024, Case #: 1:22cv682, NOS: Other Contract - Contract, Categories: Corporations, Contract
J. Koeltl grants the firm's motion to exclude the defendant lawyer's expert witness regarding the value of his interest in several of the firm's contingency matters. The lawyer's expert lacks the expertise to make the conclusions he reaches and his opinions are not helpful to the jury. However, the firm may not preclude the lawyer from testifying as a lay witness regarding his removal from the firm.
Court: USDC Southern District of New York, Judge: Koeltl, Filed On: May 15, 2024, Case #: 1:21cv1746, NOS: Other Contract - Contract, Categories: Experts, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Furman partially denies the sellers' motion to dismiss all the company's counterclaims alleging that they fraudulently overstated their media service's growth projections and profit margins to induce the company to acquire their service. The company has adequately alleged scienter, claiming that the individual executives knowingly presented inflated financial information to an auditor with the expectation that an acquirer would rely on these representations.
Court: USDC Southern District of New York, Judge: Furman, Filed On: May 14, 2024, Case #: 1:23cv6339, NOS: Other Contract - Contract, Categories: Corporations, Fraud
J. Ramos finds that the lower court grants the biotech company's motions for attorney's fees after prevailing in a contract dispute over the alleged breach of a finder's fee agreement. The contract is silent on the issue of attorney's fees, so the company is not barred from seeking them, but it must resubmit billing statements for its attorneys that disaggregate which portions of the total are attributable to which attorney or paralegal.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: May 9, 2024, Case #: 1:20cv1391, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Figueredo partially grants the music producer's motion for discovery sanctions against the model who accused him of sexual assault. The model failed to initially produce a 30 minute video on her old iPhone of a conversation between the parties a day after the alleged assault. This untimely production was negligent, but she credibly testified she believed all videos had been transferred to her new phone. The model must bear the additional discovery costs that the producer incurred as a result of the untimely production, but no harsher sanctions are warranted.
Court: USDC Southern District of New York, Judge: Figueredo, Filed On: May 8, 2024, Case #: 1:19cv6257, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Discovery, Assault
J. Koeltl denies Peacock's motion to dismiss copyright claims stemming from its alleged unlawful use of two videos in a documentary, one depicting a press conference about voter fraud given by Rudy Giuliani and the other depicting confrontations between supporters of Joe Biden and supporters of Donald Trump. Peacock could have used other videos of the news conference, so copying the subject videos was not necessary to achieve its purpose. Further, Peacock cannot show that its use of the videos in a documentary was transformative.
Court: USDC Southern District of New York, Judge: Koeltl, Filed On: May 8, 2024, Case #: 1:23cv5845, NOS: Copyrights - Property Rights, Categories: Copyright
J. Engelmayer denies the mother's petition for the return of her son, age 11, to Chile. While the child's habitual residence for his entire life has been Chile, the child unequivocally does not want to return to Chile, despite his higher standard of living with his mother. He has consistently articulated feelings of depression and desperation in connection with his life in Chile, and feels happier living with his father in New York where he is doing well in school and developing close friends. While the child is not at risk of grave harm if he returns to Chile, the balance of circumstances favors retention in the U.S.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: May 7, 2024, Case #: 1:24cv1379, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law
J. Halpern partially denies the school district's motion to dismiss an Ashkenazi Jewish woman's employment discrimination claims based on the denial of her request to take days off for Jewish holy days. While a hearing officer found that the woman did not engage in religious observances during this time, this determination is not a proper factual finding. While she traveled to Trinidad to visit family, the employee has plausibly pled religious discrimination based on her discipline for exercising her religious beliefs.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: May 7, 2024, Case #: 7:23cv6202, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Cronan finds for the agency in this SEC enforcement action and orders the manager of an investment club who engaged in fraudulent investment schemes to disgorge ill-gotten profits of $1.7 million, plus interest of $339,000. In addition, the manager shall be permanently banned from working in the financial sector again due to his conscious wrongdoing and the likelihood he will continue to violate federal securities laws.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: May 6, 2024, Case #: 1:19cv10299, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Agency
J. Broderick partially declines to approve ExxonMobil's settlement agreement reached with Pennsylvania in this consolidated action over the contamination of groundwater from various energy defendants' use of the gasoline additive methyl tertiary butyl ether. The oil company has not sufficiently explained why, as a matter of law, all monetary damages claims against it in this case are barred, or why Pennsylvania law prohibits natural resource damages.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 6, 2024, Case #: 1:14cv6228, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Environment, Settlements, Tort
J. Gardephe awarded the employee Mr. Chen $50,000 on his claims for unpaid wages and overtime compensation against the liquor store. The employee was paid $2,800 a month plus lodging in exchange for working 11 hours a day, six days a week, and was never informed of his right to overtime pay.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: May 2, 2024, Case #: 1:19cv6115, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages
J. Carter denies the conservative law professor's motion to enforce a preliminary injunction against the New York Attorney General to prohibit enforcement of the Hateful Conduct Law, which requires social media networks to provide mechanism for reporting hateful conduct on their platforms. The professor failed to show the AG violated the injunction by sending investigative letters to six social media networks regarding the state's growing concern about antisemitism and Islamaphobia. The AG has other statutory authority to issue such letters, and there is no evidence the letters had any impact on the platforms' conduct.
Court: USDC Southern District of New York, Judge: Carter, Filed On: April 30, 2024, Case #: 1:22cv10195, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Restraining Order, First Amendment
J. Kaplan grants the banks' motion to dismiss a class action alleging violations of the Commodity Exchange Act in connection with the marketing, sale, and management of a derivative investment product. The complaint fails to allege specific acts committed by each individual defendant, instead lumping defendants together as a group. Further, the fraud allegations do not detail exactly what fraudulent statements the bank make to investors.
Court: USDC Southern District of New York, Judge: Kaplan, Filed On: April 29, 2024, Case #: 1:23cv2866, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Liman denies former President Trump's motion for a new trial on author Jean Carroll's claim that he defamed her in two statements issued from the White House in 2019. The jury was entitled to conclude that Mr. Trump derailed Ms. Carroll's career, and exposed her to public threats due to his malicious attacks on her character. The compensatory damages award of $18.3 million is far from an anomaly in high-profile defamation cases, and the jury was entitled to find that Mr. Trump's continued attacks on Ms. Carroll, even during the course of trial, warranted a finding he would not stop making such remarks without a significant deterrent, supporting the $65 million punitive damages award.
Court: USDC Southern District of New York, Judge: Liman, Filed On: April 26, 2024, Case #: 1:20cv7311, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Defamation