559 results for 'court:"USDC Eastern District of New York"'.
J. Hall dismisses a class action brought by a group of foster children who claim the New York State Office of Children and Family Services' foster care certification process violated their constitutional rights to due process when it denied their proposed caregivers' foster care certification due to prior criminal convictions. The children, many of whom still reside with their proposed caregivers, have each failed to articulate a prior or future injury and, thus, lack standing to assert their claims.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: September 12, 2023, Case #: 1:21cv6229, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Due Process, Class Action
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J. Brodie grants summary judgment to an equipment supplier on a carpenter’s product liability, failure to warn and implied warranty claims that alleged its Powermatic Table Saw severed several of his fingers on his left hand while he was cutting a sheet of plywood due to the lack of a handguard. The supplier, who purchased the assets from the original manufacturer at auction who had filed for bankruptcy, did not assume liability for claims against its products sold before the date of the agreement.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 8, 2023, Case #: 1:17cv415, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Warranty
J. Gershon dismisses a False Claims Act whistleblower complaint brought against an oncology clinic for allegedly charging Medicare for overfill oncology medications. The litigant, a healthcare provider, fails to allege its principal had firsthand knowledge of the defendant’s actions or conducted a thorough investigation to corroborate claims made by other sources. As well, it fails to show that the defendant voluntarily disclosed relevant information to the U.S. government, a requirement under the law.
Court: USDC Eastern District of New York, Judge: Gershon, Filed On: September 8, 2023, Case #: 1:19cv5125, NOS: False Claims Act - Torts - Personal Injury, Categories: Health Care, Medicare, False Claims
J. Brodie strikes five out of a total of 51 affirmative defenses asserted by a night club operator against claims that it failed to pay its erotic dancers minimum wage and failed to pay its tipped employees, striking defenses related to arguments that claimed the employees waived their rights to claims under state and federal labor laws as well as their arguments claiming their lost wages were minimal.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 8, 2023, Case #: 1:20cv226, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Brodie finds in partial favor of a franchisee on a slew of claims brought by the franchise owner alleging it operated an illegal childcare and learning center in Long Island City by forging its childcare staff's background checks and medical clearance forms. Only two claims can move forward to trial, one for breach of an agreement to purchase the franchise location and the franchisee's own counterclaim for indemnification of attorney fees.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 8, 2023, Case #: 1:25cv2504, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Contract
J. Matsumoto dismisses, for lack of subject matter jurisdiction, an elderly tenant’s due process claims that allege the U.S. Department of Housing and Urban Development and a property manager illegally increased his monthly rent from $688 to $1,521. He fails to allege the department had any involvement in the decision to increase his rent. As well, the court finds the department does not have the authority to grant the relief he seeks.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 6, 2023, Case #: 1:22cv3539, NOS: Other Civil Rights - Civil Rights, Categories: Housing, Due Process, Jurisdiction
J. Wicks grants, in part, a motion to compel on a class action lawsuit for claims stemming from a data breach. The court bars the litigant from asking a witness three questions related to the storage of her personal identifying information on the company’s database, while it compels the defendants to respond to an interrogatory regarding the steps it took to determine the earliest date at which the protected information was accessed.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: September 6, 2023, Case #: 2:21cv6911, NOS: All Other Real Property - Real Property, Categories: Discovery, Class Action, Technology
J. Chen grants summary judgment to a Chinese noodle shop on an employee’s class action wage-and-hour claims, finding the restaurant does not qualify as an “enterprise” under the Fair Labor Standards Act. However, the employee’s retaliation claims survive.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: September 6, 2023, Case #: 1:20cv2266, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Kovner dismisses a complaint brought against the New York City Department of Finance that alleges the department’s policy of canceling tax refund checks that have not been deposited within six months violates the takings and due process clauses. The litigant, who claims he is attempting to develop a business involving refund check recipients, lacks standing to assert his claims because he has not established a close relationship with those actually affected by the policy.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: September 6, 2023, Case #: 1:22cv2601, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Tax, Due Process
J. Matsumoto denies, in part, a motion to dismiss and allows a Guyanese transgender woman to bring two claims for sex-based hostile work environment and retaliation against her employer, a nursing home medical personal staffing agency. The court finds the sexual harassment she endured from her coworkers was both severe and pervasive meet the threshold for a hostile work environment claim. It further finds her post-termination email in which she complained of discrimination and harassment was considered a protected activity and allows her claim for retaliation to survive a motion to dismiss.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 6, 2023, Case #: 1:21cv4306, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Dunst issues a findings of fact and conclusions of law explaining the court's decision to rule in favor of a group of Suffolk County corrections officers following a bench trial on claims they assaulted a female inmate at the Suffolk County Correctional Facility. The controlling factors in the court decision were the inmate's inconsistent testimony and the lack of surveillance coverage of the alleged incident itself.
Court: USDC Eastern District of New York, Judge: Dunst, Filed On: September 5, 2023, Case #: 2:17cv5067, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Gujarati dismisses a second amended consumer warranty complaint for claims arising from the purchase of a defective 2014 Sea Ray 300 SLX vessel. The buyers failed to cure the court's previously noted deficiencies in their original complaint. Most notably, they fail to rebut the argument that the purchase agreement expressly proclaimed that the vessel was sold "as is."
Court: USDC Eastern District of New York, Judge: Gujarati, Filed On: September 5, 2023, Case #: 2:20cv4143, NOS: Marine - Contract, Categories: Maritime, Consumer Law
J. Garaufis adopts a magistrate judge's report and recommendation and enters default judgment against a website owner as to liability on a professional photographer's claims for copyright infringement, but denies it with respect to statutory damages and attorney fees. To prevail on a claim for statutory damages, a litigant must show the work was published prior to the date of alleged infringement, and in this case, the litigant fails to provide evidence that his photograph was published prior to the date the website owner posted the photograph on its website.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: September 5, 2023, Case #: 1:22cv5942, NOS: Copyrights - Property Rights, Categories: Copyright
J. Morrison issues a preliminary injunction prohibiting RareBreed Triggers, an Texas-based gun parts manufacturer, from selling its FRT-15 forced-reset trigger devices, finding the federal government will most likely succeed on the merits of its claims that the device, which increases the rate of fire on AR-15-style firearms from semi-automatic to automatic, is an illegal machinegun under federal gun laws and that the manufacturer engaged in a conspiracy to deceive its customers by claiming falsely that the product is perfectly legal.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: September 5, 2023, Case #: 1:23cv369, NOS: Other Statutory Actions - Other Suits, Categories: Firearms, Injunction
J. Scanlon grants a motion for leave to amend to a female regulatory chemist employed with the FDA to add additional claims for retaliation to her employment discrimination complaint brought against the U.S. Department of Health and Human Services. She exhausted all her available administrative remedies regarding those claims, and she has not purposefully engaged in an effort to delay litigation of those claims as she was waiting for them to be resolved by the Office of Equal Employment Opportunity.
Court: USDC Eastern District of New York, Judge: Scanlon, Filed On: September 1, 2023, Case #: 1:18cv297, NOS: Employment - Civil Rights, Categories: Employment Discrimination
[Consolidated] J. Garaufis denies, without prejudice, motions for class certification on two constitutional rights complaints that allege detainees at the NYPD Brooklyn Central Booking pre-arraignment holding facility were subjected to inhumane conditions while awaiting trial, including overcrowding, inadequate sanitation, food and water, vermin infestation and extreme temperatures, among other complaints. Most notably, in regards to their claims for injunctive relief, class members fail to allege an injunction would apply generally to all involved, as a portion of the 150,000 proposed class members are unlikely to be detained in the future.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: September 1, 2023, Case #: 1:19cv2054, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Class Action, Prisoners' Rights
J. Kovner rejects a challenge to the constitutionality of New York City’s Senior Affordable Rental Apartments financing program, claiming it violates due process and equal protection rights. A property developer, who is in the process of developing an affordable housing projected aimed at the elderly homeless population. The developer says the program denied its request to waive its acquisition cost policy which limits financing to the amount equal to the property’s appraisal value at the time it was purchased. The court finds the property developer does not have a protected property interest to the additional financing that it requested.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: August 31, 2023, Case #: 1:22cv3080, NOS: Other Civil Rights - Civil Rights, Categories: Housing, Due Process, Equal Protection
J. Brown tosses a self-represented litigant’s complaint brought against New York State and three state court judges stemming from a state mortgage foreclosure action and related eviction proceedings. The litigant alleges the defendants conspired to deprive him of his property without due process. The court had argued the defendants were all protected by judicial immunity, and his response to the court’s order to show cause largely fails to counter those arguments.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: August 31, 2023, Case #: 2:23cv3421, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Due Process, Foreclosure
J. Block denies, in part, summary judgment to a general contractor and property owner on a laborer's workplace injury complaint for injuries suffered in a fall as a result of a defective temporary wooden ladder, ruling his state labor law claims under the Industrial Code provisions can proceed to trial while dismissing all other claims. The court enters judgement, in part, in favor of the site owner and general contractor on their third-party claims and finds the subcontractor liable for contractual indemnification coverage.
Court: USDC Eastern District of New York, Judge: Block, Filed On: August 31, 2023, Case #: 1:21cv2723, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Labor