66 results for 'filedAt:"2023-09-30"'.
J. Gonzalez preserves, in part, claims that allege three collection agencies violated state and federal debt collection practices through its attempts to collect a default judgment in connection with student loan debts first incurred in the early 1980s. The debtor claims they miscalculated the unpaid balance by using the state's 9% annual post-judgment interest rate instead of the required 8% rate under federal law. The court finds the claims are not preempted by the federal Higher Education Amendments Act.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 30, 2023, Case #: 1:22cv298, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Wood partially grants the defendant nonprofit’s motion to dismiss a trademark suit brought by the plaintiff nonprofit. The suing nonprofit, which works to benefit people living in Chicago’s Chinatown neighborhood, claims the sued nonprofit is unfairly competing with it using a name nearly identical to its own, especially in abbreviation — CCBA vs. CCBASC. The court grants the defendant nonprofit’s motion to dismiss only as to the plaintiff’s claim for usurpation of corporate opportunity. The remaining trademark, breach of fiduciary duty and conversion claims still stand.
Court: USDC Northern District of Illinois, Judge: Wood, Filed On: September 30, 2023, Case #: 1:21cv4370, NOS: Trademark - Property Rights, Categories: Trademark, Fiduciary Duty, Conversion
J. Pallmeyer partially grants an Illinois town’s partial motion to dismiss Telecommunications Act claims brought by a telecom company and its construction contractor. The town blocked the company from building a cell tower on a parcel of its land, and the company now seeks to use the court to override the town. The court dismisses the company’s claim that the town took too long to resolve its construction application, seeing as the town did eventually and unequivocally deny the application. However, the court also allows the company’s substantive challenge to the town’s construction regulations to stand, pending resolution of several other claims in the suit.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: September 30, 2023, Case #: 122cv4151, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Construction, Municipal Law
J. Schopler finds in favor of a deodorant manufacturer in a class action accusing it of engaging in "nonfunctional slack fill" in order to dupe consumers. The products at issue are labeled with their actual net weight, which can be used for value comparisons to other products, and appear to be the same height or shorter than other products on the shelf. The consumers fail to show that the general consuming public would be misled as to the amount of deodorant they are purchasing.
Court: USDC Southern District of California, Judge: Schopler, Filed On: September 30, 2023, Case #: 3:20cv1672, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Unfair Competition, Consumer Law
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J. Wormuth denies, in part, a village's motion to dismiss an employee's Monell liability claim related to the reduction in his job duties and pay. The worker has sufficiently alleged the village's allowance of the mayor to act as the final policymaker is an unconstitutional policy.
Court: USDC New Mexico, Judge: Wormuth, Filed On: September 30, 2023, Case #: 1:23cv52, NOS: Employment - Civil Rights, Categories: Employment, Immunity, Due Process
J. Kovner denies ExxonMobil’s motion to dismiss two Brooklyn residents’ claims for injuries arising from exposure to an oil spill that had first been discovered in a nearby creak in a heavily industrialized area of Greenpoint in the late 1970s. The litigants claim they were diagnosed with leukemia in 2012 and 2019, respectively, due to their exposure to contaminated water. The court disagrees with ExxonMobil’s arguments and finds the claims are timely.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: September 30, 2023, Case #: 1:21cv5508, NOS: Torts to Land - Real Property, Categories: Environment, Negligence
J. Azrack dismisses a Video Protection Privacy Act complaint against a digital streaming service company that alleges its Triller on-demand video channel sends users personal information from its website to Facebook through the use of Pixel, a web tracking software that was developed by Facebook. The software only transmits a user’s Facebook ID number and the names of titles watched, thus the complaint fails to allege the disclosure of personally identifiable information.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: September 30, 2023, Case #: 2:22cv5508, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Privacy
J. Irizarry dismisses a manual laborer’s federal and state unpaid wages and wage statement complaint against a window blinds supplier, finding that, while he sufficiently alleges the supplier is his employer, his claims lack specificity concerning how much he received in compensation and how many hours he worked. The court grants him leave to amend.
Court: USDC Eastern District of New York, Judge: Irizarry, Filed On: September 30, 2023, Case #: 1:22cv7266, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Navarro grants the developer’s motion for summary judgment in this contract dispute over income distribution regarding the company’s ceasing of provision of medical services to the Navajo Nation. The breach of contract claim is based on actions taken to prevent payment from reaching the company in the first place, which disrupted the operating agreement, and therefore were a breach of obligations. Being the payment never reached the company, the agreement was never in play and no contract was breached.
Court: USDC Nevada, Judge: Navarro, Filed On: September 30, 2023, Case #: 2:18cv1622, NOS: Other Contract - Contract, Categories: Business Expectancy, Contract
J. Boulware grants the employees’ motion for summary judgment in this employment discrimination action brought by the white, gay senior citizens who were not hired for positions in hospital nutrition services, for which they had experience and education. Though sex discrimination and ADA claims fail, they have shown that they were qualified for the jobs to which they applied. There is no dispute that they suffered an adverse employment action.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:21cv8, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Henry orders a group of technology companies to appear in court to show cause as to why they should not be held in contempt after a product manufacturer successfully alleged the companies violated a consent judgment by promoting its Cricut-brand crafting products on various websites, including Amazon and the Chinese equivalent, Alibaba, without its consent.
Court: USDC Eastern District of New York, Judge: Henry, Filed On: September 30, 2023, Case #: 1:19cv5380, NOS: Copyrights - Property Rights, Categories: Contempt, Technology
J. Aiken dismisses the workers' complaint that former Oregon Gov. Kate Brown and former Director of the Oregon Health Authority Patrick Allen violated their rights to due process and equal protection, as the state officials' vaccine mandates required the workers to receive the Covid-19 vaccine even if they had a "natural immunity" due to contracting and recovering from the disease. The challenged vaccine mandates are linked to a legitimate state interest, and the workers do not present a remedy that would justify filing an amended complaint.
Court: USDC Oregon, Judge: Aiken, Filed On: September 30, 2023, Case #: 6:21cv1332, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Covid-19
J. Chang partially grants multiple Chicago-area law enforcement officials’ motion for summary judgment on a wrongfully convicted man’s civil rights case. The man spent over 16 years in jail for a murder he didn’t commit after Chicago police fabricated evidence against him. After his conviction was finally vacated the man brought numerous counts not just against the police who worked to put him in jail, but against Chicago, the Cook County State’s Attorney’s Office, the Cook County Sheriff Department and all others who allowed the police to get away with the framing. In the interests of encouraging the parties to settle, the court fully dismisses all claims against several individual police, while allowing other claims for conspiracy, fabrication, malicious prosecution, infliction of emotional distress and indemnification to stand against the city, county and several individual police and higher-ranking law enforcement officials.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: September 30, 2023, Case #: 1:18cv8144, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Emotional Distress, Police Misconduct
J. Henry denies a school teacher’s motion to amend her employment retaliation complaint against the New York City Department of Education and the principal at Carl Ullman School in Queens alleging adverse employment actions stemming from her anxiety disorders. The court finds she disobeyed the court’s orders by reasserting in her second-amended complaint claims for race and disability discrimination which the court previously dismissed. As well, the amended complaint would place undue hardship on the defendants because it includes additional allegations that will require additional discovery, which was closed more than two years ago.
Court: USDC Eastern District of New York, Judge: Henry, Filed On: September 30, 2023, Case #: 1:18cv411, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Education, Employment Retaliation
J. Miyamoto dismisses, in part, a 63-year-old Black medical aide’s employment discrimination and retaliation complaint she brought against her employer, a nursing home operator, that alleges she suffered discrimination and retaliation on the basis of her age and race. The court preserves a single claim for retaliation, finding she sufficiently alleges her employer placed a written counseling memo in her personnel file because she filed a charge with the EEOC four months earlier.
Court: USDC Eastern District of New York, Judge: Miyamoto, Filed On: September 30, 2023, Case #: 1:22cv3420, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Kovner dismisses a consumer fraud complaint against CVS that alleges it solicited customer donations at checkout for the American Diabetes Association through a fraudulent fundraising campaign. The customer alleges the money he donated effectively went to CVS due to its promise to make up any shortfalls if the total amount donated was less than $10 million. He fails to allege any of statements regarding the pharmacy chain’s promise to contribute were materially misleading or false because the donations did, in fact, go to the ADA in the end.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: September 30, 2023, Case #: 1:22cv3116, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Consumer Law
[Consolidated.] J. Gonzalez dismisses a putative class action lawsuit alleging securities violations against a bioplastics producer, along with its CEO and CFO, for false or misleading statements related to its Nodax-brand biodegradable plastic products, finding that, while some statements they made were materially misleading, the litigants fail to allege the defendants acted with the knowledge that the statements were false or misleading for purposes of scienter.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 30, 2023, Case #: 1:21cv2824, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Boulware denies MGM’s motion for summary judgment in this disability discrimination suit brought by the former spotlight operator for the Cirque du Soleil show. That the employee later received a reasonable accommodation for a preferable job is unrelated to whether his protected rights were violated in the first proceeding. A distinct and palpable injury has been properly asserted.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:20cv995, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Employment Discrimination
J. Gonzalez dismisses, without leave to amend, a false advertising complaint that alleges McDonald’s and Wendy’s advertised their products in such a way that makes them appear more appealing than those actually served to customers. The litigant fails to allege, for purposes of establishing an injury, that he ever saw the advertisements himself or that the ads were materially misleading. As for his breach of contract claim, the advertisements do not constitute offers to enter into a contract.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 30, 2023, Case #: 2:22cv2880, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Contract, False Advertising