559 results for 'court:"USDC Eastern District of New York"'.
J. Azrack grants a self-represented litigant’s motion to proceed in forma pauperis, but subsequently dismisses his employment discrimination and wrongful termination suit brought against SUNY — Stony Brook School of Dental Medicine. The court finds his complaint is filled with excessively vague and ambiguous allegations, which deprived the defendants fair notice to adequately respond.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: July 11, 2023, Case #: 2:23cv66, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Bulsara partially grants a motion for leave to amend a seconded amended class-action suit against American Express alleging various antitrust and consumer law violations. The court denies the litigants’ requests to add three additional class representatives for Alabama, Hawaii and North Carolina as untimely, but allows them to narrow the class definition as agreed upon by both parties.
Court: USDC Eastern District of New York, Judge: Bulsara, Filed On: July 11, 2023, Case #: 1:19cv566, NOS: Antitrust - Other Suits, Categories: Antitrust, Consumer Law, Class Action
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J. Brodie enters summary judgment in favor of a healthcare provider on a self-represented patient care technician's employment-related disability discrimination and retaliation claims stemming from a lower back injury he suffered while transporting a patient. His failure to promote, unequal terms and conditions, and retaliation claims are time-barred, and his ADA wrongful termination and failure to accommodate claims fail because he fails to proffer a reasonable accommodation that would have allowed him to perform the duties of his position following the work injury.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: June 30, 2023, Case #: 1:19cv3098, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Garaufis rules in favor of the Uniondale Union Free School District on a 47-year-old white English teacher's employment discrimination claims alleging the district gave her desired position at a high school to a black educator and transferred her to a less-desirable middle school position on the basis of her race and age. Her claims are based on mere speculation, her response to the defendants' motion for summary judgment was replete with contradictions, including statements to the effect that she was not qualified for the middle school position when the evidence and her own testimony showed otherwise, and the school district provided sufficient evidence to show her transfer was not motivated by discriminatory animus.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: June 30, 2023, Case #: 2:20cv5096, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Gonzalez rules in favor of the Securities and Exchange Commission on securities fraud claims brought against a New Jersey resident that showed he solicited funds from investors by falsely claiming his company owned patents to cold cracking technology, an emerging oil industry technology that converts heavy crude oil into light oil, when in truth, his company simply had a minority interest in a now-defunct company that had the option to purchase the patents once they were approved. The court also enters judgment against a separate partner on one claim for aiding and abetting. However, the court finds genuine materials of fact preclude the court from issuing a ruling on whether the two defendants deceptively misappropriated investor funds for their own benefit and allows those claims to be decided at trial.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: June 28, 2023, Case #: 1:18cv5075, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Block denies Exxon’s partial motion for summary judgment on its breach of contract claims brought against a petroleum refiner alleging it refused to accept for storage one of its oil-based products, Altum 4, at a storage facility located in New Jersey under a terminaling subagreement. The court finds the evidentiary record has failed to established whether or not the refiner’s facility could accommodate that particular type of oil or that its refusal to do so was a veiled attempt to negotiate a better deal in light of recent financial hardships. Additionally, the court rules in favor of the refiner on Exxon’s good faith and fair dealing and negligence claims, finding them duplicative of its breach of contract claims.
Court: USDC Eastern District of New York, Judge: Block, Filed On: June 26, 2023, Case #: 1:21cv4183, NOS: Other Contract - Contract, Categories: Energy, Negligence, Contract
J. Gonzalez finds the court lacks jurisdiction over a product supplier’s declaratory relief, tortious interference and unfair competition claims brought against the Chinese patent holder of a disputed towel warmer product sold on Amazon and dismisses those claims. As well, while the court may exercise jurisdiction over the rival supplier’s CEO under an agency theory, doing so would violate his due process rights because he has no presence in the state of New York. Its claims against the rival supplier, however, survive.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: June 23, 2023, Case #: 1:22cv6943, NOS: Patent - Property Rights, Categories: Patent, Jurisdiction
J. Matsumoto dismisses a self-represented litigant’s lawsuit brought against Wells Fargo for claims under the Dodd-Frank Act, as well as violations under federal criminal law. He alleges his bank account was double-charged for a news subscription that he had previously canceled, and Wells Fargo failed to remove the overcharge in what he claims is a systemic and deliberate accounting fraud perpetrated against its banking customers. None of the statutes in which he asserts his claims provide for a private right of action.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: June 20, 2023, Case #: 1:21cv5361, NOS: Banks and Banking - Other Suits, Categories: Fraud, Banking / Lending
J. WIcks approves a proposed settlement agreement to resolve claims for unpaid overtime wages and unequal pay brought by a group of 27 male fire communications technicians against Nassau County. The litigants are awarded $1.2 million in damages, which includes $175,000 in attorney fees, costs and expenses.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: June 20, 2023, Case #: 2:22cv1572, NOS: Fair Labor Standards Act - Labor, Categories: Damages, Attorney Fees, Labor
J. Wicks rules on a motion to compel filed in a putative class action lawsuit brought by four children against that alleges New York State’s Department of Health failed to provide mental health services to eligible children under Medicaid. A dispute arose between the two parties concerning the keywords used to search for emails relevant to their claims in 24 department custodians’ official email accounts. The court directs the state agency to use the litigants’ most recently proposed search terms, which turned up approximately one million relevant documents for review.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: June 20, 2023, Case #: 2:22cv1791, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Discovery, Class Action
J. Kuntz rules in favor of the New York State Department of Environmental Conservation on a lawsuit brought by the Unkechauge Indian Nation for equitable relief that seeks to challenge the agency’s statutory authority over their people’s right to freely fish in waterways located upon its reservation lands, arguing it violates their sovereign and religious rights. The agency had requisitioned citizens’ fishing equipment and issued criminal summonses in an effort to curtail overfishing of the American eel, whose populations over the years has dropped significantly since the 1990s. Precedent holds that indigenous communities are not immunized from reasonable, non-discriminatory regulations related to conservation efforts.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: June 16, 2023, Case #: 2:18cv1132, NOS: Environmental Matters - Other Suits, Categories: Environment, Native Americans
J. Wicks grants the litigants' motion to compel non-party Suffolk County District Attorney's Office to unseal and produce criminal records related to prior investigations it conducted into one of the defendants, asserted in this RICO action, for crimes related to allegations that he tricked unsuspecting real-estate investors into executing mortgages and then using the funds to pay off previously fraudulently-induced mortgages. While the motion does not fit into any of the exceptions under N.Y. Criminal Procedure Law, the district court finds the documents relevant to their case and exercises its authority to unseal the criminal records and order their production.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: June 15, 2023, Case #: 2:21cv1224, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Discovery, Racketeering
J. Gonzalez rules in favor of the NYPD on a father’s claims for familial association while preserving his claims for false arrest and malicious prosecution. The case stems from an incident in which he smashed his son’s laptop, which he had been using to attend virtual classes, after he discovered the son had been lying about completing his school assignments. The court declines to add to the court record a copy of the laptop’s receipt which showed it was owned by the litigant’s ex-wife, and as such the officers involved lacked probable cause to arrest him on charges of criminal mischief, endangering the welfare and harassment.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: June 14, 2023, Case #: 1:22cv3485, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Police Misconduct
J. Block preserves the bulk of a male Latino police officer’s employment discrimination lawsuit brought against the New York Police Department and allows his claims for race and sex-based disparate treatment and hostile work environment to proceed to trial. He sufficiently alleges that his coworkers ridiculed him because he was a tall, handsome and muscular male Latino, calling him a “stud,” forcing him to participate in an arm-wrestling match and telling him he should take his shirt off to get his superiors to like him more.
Court: USDC Eastern District of New York, Judge: Block, Filed On: June 14, 2023, Case #: 1:21cv3601, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Gonzalez dismisses with prejudice a former L’Oreal vice president’s employment discrimination lawsuit brought against the beauty company claiming age discrimination, fraudulent inducement, negligent misrepresentation and breach of contract. He fails to allege that the company acted with discriminatory animus when it offered him a contractor arrangement in exchange for early retirement, to which he willingly agreed.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: June 13, 2023, Case #: 1:22cv427, NOS: Other Contract - Contract, Categories: Fraud, Employment Discrimination, Contract
J. Block grants partial summary judgment to a group of six New York police officers on a woman’s civil rights violations stemming from her arrest on charges of assaulting her ex-husband with an umbrella. The court dismisses her claims for malicious prosecution, failure to intervene and Monell liability, but preserves one claim for false arrest, finding she was able to allege the reporting officers failed to seek information from unbiased witnesses while investigating the incident following a 911 call.
Court: USDC Eastern District of New York, Judge: Block, Filed On: June 13, 2023, Case #: 1:20cv3603, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
J. Kuntz enters summary judgement in favor of a cement and concrete workers union on its ERISA claims against a construction company for unpaid fringe benefits contributions and union dues. The court finds the construction company admitted to its liability for the unpaid amounts when it failed to respond to the union’s request for admissions following audits of its financial records, along with its direct admissions in its responses to the union’s court filings. The union is awarded $421,568 in total damages.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: June 12, 2023, Case #: 1:19cv2145, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Damages, Labor