557 results for 'court:"USDC Eastern District of New York"'.
J. Liman tosses a legal challenge against the U.S. Eastern District Court’s rule of automatically assigning related cases filed by self-represented litigants to the same judge. In this case the litigant, a father, filed several suits related to his state child custody hearings, each of which were assigned to the same judge, who promptly dismissed the cases for various reasons. The court rules the system does not violate pro se litigants’ equal protection or due process rights.
Court: USDC Eastern District of New York, Judge: Liman, Filed On: April 12, 2024, Case #: 1:23cv4330, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Due Process, Equal Protection
J. Wicks reaffirms the court’s decision granting summary judgment in favor of the Nassau County Police Department on an officer’s Fourth Amendment claims after finding the department had sufficient cause to subject him to a drug test while he was out on sick leave on suspicions that he was abusing pain medication for a hand injury. The officer fails to present any new evidence or change in controlling law which would justify overturning the court’s decision.t
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 11, 2024, Case #: 2:19cv2236, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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J. Ross finds a Long Island surgical practice’s claims against a union benefits fund for breach of contract and unjust enrichment, alleging failure to provide reimbursement for medical services, are preempted by ERISA and declines to remand the case back to state court.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: April 10, 2024, Case #: 2:23cv6145, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract, Labor / Unions
J. Wicks grants the Federal Bureau of Investigation’s motion for reconsideration in a civil rights lawsuit against Suffolk County and prohibits the county from disclosing 40 reports related to a prior federal criminal investigation into Suffolk County’s district attorney. The documents contain privileged information not related to the case and the litigant may petition the agency or file a FOIA request in order to obtain the information if desired.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 9, 2024, Case #: 2:20cv1501, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Police Misconduct
J. Merchant dismisses a Suffolk County father’s civil rights lawsuit alleging the Suffolk County District Court violated his constitutional rights when it granted custody of his children to their mother. His claims concerning the court’s ruling are precluded by the domestic-relations abstention doctrine, the judges involved in the child custody case are entitled to judicial immunity and the remainder of his claims fail to conform to civil procedure by failing to name an official acting under state law.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 8, 2024, Case #: 2:24cv126, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Family Law
J. Matsumo rules on a series of motions in limine in a personal injury product liability lawsuit against BMW, who was sued by a driver who says his right thumb was partially amputated when his 2013 BMW X5’s Soft Close Automatic door technology suddenly activated. The litigant is allowed to produce photographs of his injury as well as evidence related to a prior recall issued by BMW regarding the door closing tech, while BMW can present evidence to bolster its argument that external factors caused his injuries, but may not present evidence showing the vehicle manufacturer’s compliance with federal safety regulations, finding the information irrelevant.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 8, 2024, Case #: 2:17cv209, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Evidence, Tort, Product Liability
J. Komitee denies in part a motion for summary judgment on a civil rights complaint alleging constitutional rights violations stemming from the execution of a no-knock search warrant on a family’s home in Queens. The family’s mother claims she was partially nude during a portion of the search, but a dispute remains over how long and whether she was allowed to dress before or after she was handcuffed. The court further finds the officers are entitled to immunity on the father’s claims that he was unlawfully detained in a police van parked several blocks away, but concludes a jury could find the length of time he was detained in the van, over two hours, was unreasonable and preserves the claim as it relates to temporality.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 5, 2024, Case #: 1:20cv3109, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Police Misconduct
J. Kovner rules against a debtor and its guaranties and finds them liable for the delinquent amounts under a promissory note. The court, however, reserves ruling on Axos Bank’s request for $4.9 million in damages due to several discrepancies with the amounts provided, and orders the bank to submit additional information.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: April 3, 2024, Case #: 1:20cv3549, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Chen dismisses, on jurisdictional grounds, all but two defendants in a case regarding the business operations of a startup investment firm and subsequently compels the parties to arbitration solely to determine whether the remaining claims are subject to arbitration. The case involves allegations that the co-owner in a startup investment firm created without his partner’s knowledge a separate firm under a similar name and siphoned off management fees, depriving the litigant of his 50% stake in the company.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 30, 2024, Case #: 2:22cv906, NOS: Trademark - Property Rights, Categories: Arbitration, Trademark, Business Practices
J. Irizarry dismisses all federal copyright infringement claims against a group of audio book streaming services, including Amazon-owned Audible, over the rights to stream audio books based on the writings of Teri Woods, an acclaimed urban fiction writer. The court finds the streaming services were granted full rights to distribute the works on their respective platforms.
Court: USDC Eastern District of New York, Judge: Irizarry, Filed On: March 30, 2024, Case #: 1:23cv507, NOS: Copyrights - Property Rights, Categories: Copyright, Technology
J. Chen adopts a magistrate judge’s report and recommendation in full and enters partial default judgment against a landscaping and paving company, ruling it is liable for unpaid union benefit contributions. However, the court finds the pension funds request for damages to be excessive and directs it to renew its request with additional documentation to properly determine the amount the contractor ultimately owes.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 30, 2024, Case #: 2:22cv5276, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Damages, Labor / Unions
J. Seybert preserves claims against a Texas-based product manufacturer alleging it violated an exclusive distribution agreement to sell portable gas detectors and to offer calibration services to plumbing contractors in the New York City metropolitan area when it began offering competing products and services. The court finds the agreement is enforceable and the defendants agreed to be bound by its terms.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 29, 2024, Case #: 2:22cv7845, NOS: Other Contract - Contract, Categories: Unfair Competition, Contract
J. Cho grants Starbucks’ motion to compel and orders several non-parties to respond to several subpoenas that seek information regarding the level of support for union representation among employees at a New York location after one employee was allegedly fired in retaliation for her union activities, which is the subject of the complaint against the coffee chain. The court further denies the National Labor Relation Board’s motion to stay the case.
Court: USDC Eastern District of New York, Judge: Cho, Filed On: March 29, 2024, Case #: 1:22cv7255, NOS: Labor/Management Relations - Labor, Categories: Discovery, Labor / Unions
J. Kovner dismisses a group of Brooklyn police officers from a civil rights complaint stemming from criminal charges for the alleged sale of cocaine. The litigant fails to allege the officers involved provided the local district attorney’s office with fabricated evidence, depriving him of a fair trial. The court preserves his remaining Fourth Amendment claim for an unlawful cavity search against New York City, but directs the parties involved to file supplement letters addressing whether his allegations stemmed from an official policy or custom.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: March 29, 2024, Case #: 1:21cv7183, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Matsumoto dismisses a securities fraud class action against Immunovant, a drug manufacturer, over alleged misstatements and omissions made regarding the development, testing and marketing of one of its autoimmune disease medications. The court finds disagreements over the parties’ competing interpretations of data obtained in clinical trials is not actionable under securities laws, thus the investors fail to plead material misrepresentations and scienter.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: March 29, 2024, Case #: 1:21cv918, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Health Care, Securities, Class Action
J. Hall rules in favor of a Brooklyn nightclub and dismisses a bartender’s labor law complaint alleging claims for unpaid wages, unlawful deductions, wage statement and notice violations and retaliation. The complaint fails to provide any documentation showing the nightclub earned more than $500,000 in annual revenue, therefore it is not a covered employer under Fair Labor Standards Act.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 1:20cv2842, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Reyes Jr. rules against a Florida resident’s fraud complaint alleging her nephew misappropriated her $500,000 investment in a real estate property, finding her claims untimely.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: March 29, 2024, Case #: 1:19cv6202, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Property, Real Estate