569 results for 'court:"USDC Eastern District of New York"'.
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
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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
J. Garaufis denies summary judgment to an insurance provider’s complaint that sought a declaration that it is under no obligation to provide insurance coverage for an underlying workplace injury claim. A dispute remains as to whether the victim in the underlying action was an employee of one of the subcontractors on the construction project and would thus trigger coverage.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: August 30, 2023, Case #: 1:20cv2761, NOS: Insurance - Contract, Categories: Insurance
J. Gonzalez issues a preliminary injunction prohibiting a New Jersey-based pizzeria from using the litigant’s trademarked “Bravo Pizza” and “Bravo Kosher Pizza” names or anything similar that might cause consumer confusion. The litigant granted the defendant use of the names for its pizzeria under a licensing agreement, but later terminated the arrangement when it discovered they were using the name for a separate bagel shop. However, after the court issued a temporary restraining order, the defendant changed their name to “Ravo Pizza,” which the court clearly saw as a ruse. The court finds the litigant establishes that it will suffer irreparable harm due to the defendant’s bad faith actions. The court further compels them to arbitrate the remaining claims under the agreement.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 29, 2023, Case #: 1:23cv4540, NOS: Trademark - Property Rights, Categories: Arbitration, Trademark, Injunction
J. Hall grants a motion for judgment on the pleadings and finds in favor of a group of special agents with the Immigration and Customs Enforcement’s Child Exploitation Group of Homeland Security department on a mother’s false arrest, malicious prosecution and failure to intervene claims. She alleges they fabricated evidence that alleged she sexually exploited her five-year-old daughter. The court finds the case presents a new context under the Bivens framework in several aspects which preclude the court from ruling on her claims.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: August 29, 2023, Case #: 1:15cv34, NOS: Other Civil Rights - Civil Rights, Categories: Immigration, Malicious Prosecution, Police Misconduct
J. Garaufis dismisses false arrest, malicious prosecution and excessive force claims against New York City and a group of city park officers stemming from the arrest of a woman for allegedly operating an illegal food stall in Flushing Meadows Park in Queens. The officers had probable cause to arrest her when she ignored their orders during the altercation. As well, their use of force was permitted after she tried to prevent them from handcuffing her.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: August 29, 2023, Case #: 1:18cv4255, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
J. Matsumoto adopts a magistrate’s report and recommendation and preserves, in part, a putative class action lawsuit against Geico on allegations that it exposed its customers’ driver’s license numbers through the use of an autofill feature on its sales website. The court allows claims for negligence and equitable relief, as well as a claim under the Driver’s Privacy Protection Act to proceed to trial, finding the class members sufficiently allege Geico knowingly disclosed their private information.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: August 28, 2023, Case #: 1:21cv2210, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Class Action, Technology
J. Gonzalez enters judgment in favor of the city of Yonkers, its police department and Home Depot on a self-represented litigant’s claims for civil rights violations stemming from his arrest on charges of credit card fraud. Based on the evidence presented to the court, probable cause existed to initiate his arrest and charge him on suspicion that he opened a Home Depot credit card account in someone else’s name in order to purchase a large order of flooring supplies.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 28, 2023, Case #: 1:18cv7122, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Fraud, Police Misconduct
J. Merkl grants preliminary approval to a $6.75 million settlement to resolve a putative class action brought by investors against a mining firm alleging false or misleading statements made regarding the size, scope and duration of a proposed copper and gold mine in Bristol Bay, Alaska. The EPA subsequently blocked the project under provisions of the Clean Water Act to much fanfare from environmentalists, citing adverse effects to local salmon fisheries and wetlands. On news of the ruling, the company's stock price fell to $0.9 per share, resulting in heavy investor losses.
Court: USDC Eastern District of New York, Judge: Merkl, Filed On: August 25, 2023, Case #: 1:20cv5917, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Settlements, Securities, Class Action
J. Block grants a motion to dismiss a class action securities fraud suit filed against the operator of an online platform geared towards LGBTQ users in Asia, alleging it downplayed or omitted in its IPO documentation the effects the Chinese government’s recent crackdown on gay content would have on its future business operations. Within a year of trading on the stock market, the company’s stock price fell by more than 50%, resulting in heavy losses for investors. The court finds the China’s stance on LGBTQ rights was public knowledge and available to any discerning investor at the time, thus the company is shielded from liability for the losses.
Court: USDC Eastern District of New York, Judge: Block, Filed On: August 22, 2023, Case #: 1:21cv4044, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Lgbtq, Class Action