557 results for 'court:"USDC Eastern District of New York"'.
J. Ross grants summary judgment to the defendant insurer on the beneficiary’s sole remaining breach of contract claim alleging it increased the monthly cost of insurance rates on two secondhand life insurance policies to recoup prior losses. The insurer’s expert proffered uncontested testimony that claimed the increases were determined by what is considered “prospectively,” which is allowed under the terms of the policies.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: May 31, 2023, Case #: 1:17cv3527, NOS: Insurance - Contract, Categories: Insurance
J. Shields rules in a bench trial and finds in a favor of a security system installation company on its claims for false designation of origin and false advertising under the Lanham Act plus its claim for tortious interference with contract against a competitor and awards them $91,036 compensatory damages for lost revenue. The former employee solicited the litigant’s customers acquired after it purchased a now-defunct competitor and persuaded them to switch services. The court issues an injunction prohibiting the competitor from contacting any of the litigant’s customers, using its confidential information or making disparaging statements regarding the litigant’s business operations.
Court: USDC Eastern District of New York, Judge: Shields, Filed On: May 24, 2023, Case #: 2:17cv1194, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark, Damages
J. Kuntz dismisses a putative class action securities fraud action brought by investors alleging Ericsson, a multinational telecommunications company based in Sweden, defrauded investors and made false and misleading financial statements related to its recent operations in Iraq. An internal investigation, later obtained by the International Consortium of Investigative Journalists, found the company used illegal methods to secure lucrative contracts in the country, which included the use of bribes, sham contracts and kickbacks and in one case paying ISIS for access to transportation routes through ISIS-held territory. The investors’ claims fail to allege the company acted with conscious recklessness.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: May 24, 2023, Case #: 1:22cv1167, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Gonzalez dismisses claims for disability discrimination under the American Disability Act and Rehabilitation Act asserted by a self-represented litigant alleging she was fired by her former employer, an unspecified service company located in JFK Airport, because she suffers from a learning disability, depressive disorder, ADHD and several physical injuries. However, she asserts her claims only against a former coworker and an attorney hired to defend her former employer in connection with her EEOC charge, and as such claims under the ADA and Rehabilitation Act do not provide for individual liability.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: May 24, 2023, Case #: 1:22cv7858, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Bulsara grants, in part, a motion for leave to amend on a civil rights suit brought against the port authority, which alleges two officers falsely charged the litigant with speeding in a construction zone. The litigant is allowed to add new details to his complaint regarding his claim for monetary damages and grants his motion for a jury trial. However, his motion is denied insofar as it requests to add the officer who issued the summons as an additional defendant because he waited more than eight months to make the request and showed a lack of extreme due diligence on the litigant’s part.
Court: USDC Eastern District of New York, Judge: Bulsara, Filed On: May 23, 2023, Case #: 1:21cv2062, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Damages, Police Misconduct
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J. Ross dismisses for failure to state a claim the elderly Iranian homeowners’ due process, conspiracy and equal protection claims alleging a two-year-long campaign of harassment on the part of a local zoning enforcement officer stemming from their efforts to remove dead or dying trees on or near their property on the basis of their ages and national origins. They had alleged they were forced to leave their property and sell it at a reduced value due to various zoning violations filed against the property.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: May 19, 2023, Case #: 2:22cv4047, NOS: Other Civil Rights - Civil Rights, Categories: Zoning, Due Process, Equal Protection
J. Gonzalez finds in favor of a NYPD officer on the litigant’s remaining malicious prosecution claim. The claim, which stems from charges that he obstructed governmental administration when he prevented first responders entry into his apartment on suspicions of child abuse, had been dismissed prior to trial, but was later reinstated by the U.S. Supreme Court after trial and remanded back to district court. The court finds the officer is entitled to qualified immunity and a jury would not have been able to conclude he lacked probable cause to arrest the litigant for failure to allow entry.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: May 18, 2023, Case #: 1:14cv7349, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Immunity, Police Misconduct
J. Block denies a self-represented litigant’s claim seeking a preliminary injunction to halt the construction of an offshore wind farm near the coast of South Fork, Long Island. Her complaint fails to show the planned excavation work on the onshore portion of the project will disrupt the existing perfluoroalkyl and polyfluoroalkyl substances present in the ground or that the offshore facilities will impact the Atlantic cod population and ultimately increase prices on fish supplies.
Court: USDC Eastern District of New York, Judge: Block, Filed On: May 18, 2023, Case #: 2:23cv295, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Energy, Environment
J. Komitee denies a motion to strike the claims in a putative class action product liability suit brought against the makers of the OGX line of haircare products which allege the products’ use resulted in hair loss and other scalp injuries, finding the issues the manufacturers asserted, including their argument that the litigant’s claims are too individualized to be asserted in a class action, are best resolved at the class certification stage.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: May 17, 2023, Case #: 1:21cv6557, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Class Action
J. Matsumoto denies post-judgment motions that seek to overturn or vacate a jury’s verdict that found BMW of North America liable for the losses to the litigant’s jewelry inventory when its owner’s BMW X3 unexpectedly caught fire and destroyed the jewelry inventory stored within the vehicle at the time. The litigant was subsequently awarded $450,000 in damages plus pre- and post-judgment interest. The court finds that circumstantial evidence at trial which showed the vehicle’s tire pressure monitoring system failed to warn the driver of a flat tire, which contributed to the fire, was sufficient for the jury to return a verdict in the litigant’s favor.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: May 15, 2023, Case #: 1:15cv6519, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Vehicle, Product Liability
J. Kovner rules that New York’s notice-of-claim requirement does not bar a litigant’s state-law claims against NYPD police officers in their individual capacities on the basis that those defendants have not claimed they will seek indemnification from the department. The court preserves the litigants’ state-law claims for false arrest, assault and battery, excessive force and conversion stemming from an altercation in which the officers removed them from their home and seized their property without cause.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: May 15, 2023, Case #: 1:19cv5542, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Assault, Police Misconduct
J. Hall remands to New York state court a class action suit brought against St. John’s University with claims for breach of contract and unjust enrichment. The class plaintiffs showed that more than 77% of the proposed class members, including undergraduate and graduate students enrolled in 2020, reside within New York state and thus their claims invoke the “home state” exception under the Class Action Fairness Act.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: May 15, 2023, Case #: 1:20cv2114, NOS: Other Contract - Contract, Categories: Jurisdiction, Class Action
J. Wicks enters judgment in favor of the defendant railroad freight carriers on a stone supplier’s breach of contract and Carmack Amendment claims alleging failure to deliver stone supplies and return empty railcars in a timely manner, which ultimately resulted in the supplier going out of business. The court finds its contract claims are preempted by the Carmack Amendment, and its Carmack Amendment claims are time-barred.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: May 10, 2023, Case #: 2:20cv2381, NOS: Commerce - Other Suits, Categories: Commerce, Contract
J. Komitee dismisses a law firm’s insurance contract action against its insurer which seeks to recover damages stemming from the insurer’s denial of coverage and to compel the insurer to defend and indemnify for an underlying negligence action. The law firm was sued by one of its clients alleging it mistakenly sent a $529,950 closing fee, which was intended for the purchase of a real estate property in Staten Island, to a fraudster who was accidently added to an email chain. Its claims are not covered by the policy because they arise from the conversion or misappropriation of funds.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: May 10, 2023, Case #: 1:21cv4904, NOS: Insurance - Contract, Categories: Insurance, Property, Negligence