557 results for 'court:"USDC Eastern District of New York"'.
J. Merkl denies a motion filed by former New York Governor Andrew Cuomo to unseal portions of a non-party’s deposition testimony as well as text messages sent between herself and another non-party individual. The case involves allegations that Cuomo sexually assaulted a female member of his protective service unit while he was in office. The court finds granting the request in such a high-profile case would only discourage potential witnesses from providing information for fear of their comments becoming public.
Court: USDC Eastern District of New York, Judge: Merkl, Filed On: March 29, 2024, Case #: 1:22cv893, NOS: Employment - Civil Rights, Categories: Discovery
J. Donnelly denies in part a Brooklyn law firm’s motion for summary judgment and preserves a single claim for race-based hostile work environment, finding enough evidence to allege one of its partners’ actions, which included espousing white supremacist views, playing Confederate songs in the workplace and watching racist videos on his computer, was pervasive. The main question for the jury is whether the partner was her supervisor or a coworker for purposes of employer liability.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 29, 2024, Case #: 1:19cv1979, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Hall dismisses a class action brought against Kandi, a Chinese electric-vehicle manufacturer, for securities violations. The case stems from allegations that it used fake vehicle sales to obtain $160 million from U.S. investors, allegations which the company denies. The investors fail to plead scienter.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 2:20cv6042, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Hall rules in favor of a health supplement supplier on the opposing party’s three counterclaims for breach of contract, fraud and fiduciary duty, finding the defendants fail to provide any substantive evidence that proves the existence of a second agreement between the two parties concerning the ownership of the company’s shares.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 2:19cv5637, NOS: Trademark - Property Rights, Categories: Trademark, Contract, False Advertising
J. Marutollo transfers a Brazilian pharmaceutical company’s fraud complaint to the Central District of California, finding the venue change proper after discovering the previously unknown defendants’ were found to be based in Southern California. The complaint alleges several California residents and corporate entities opened a Chase bank account in its name at a branch outside Anaheim and engaged in computer fraud to steal $188,00 from the company.
Court: USDC Eastern District of New York, Judge: Marutollo, Filed On: March 29, 2024, Case #: 1:23cv3429, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Venue
J. Hall dismisses an employment discrimination complaint against Amazon Fulfillment, who was sued by a Hispanic warehouse worker alleging she was denied a promotion, harassed and fired because of her ethnicity. The court finds she fails to link Amazon’s decisions not to promote her and to later fire her to her ethnicity, and her claim for hostile work environment fails because she provides only one instance that suggests racially motivated harassment.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 1:21cv3092, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Hall grants summary judgment to a group of New York City transportation police officers and dismisses a former sergeant’s employment retaliation and constructive discharge complaint. His refusal to follow his superiors’ orders did not constitute protected activity, none of the defendants’ actions constituted adverse employment actions and his constructive discharge fails because the last alleged retaliatory action occurred four months prior to his resignation.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 1:17cv3779, NOS: Employment - Civil Rights, Categories: Employment Retaliation
J. Tiscione grants summary judgment to an octogenarian and his son, who were sued by the woman they paid to take care of the elder man at his home for four years. She says they failed to pay her overtime, but the court finds she was covered by the companionship services exception to the Fair Labor Standards Act, which applies to jobs that primarily involve light housework for older or infirm clients.
Court: USDC Eastern District of New York, Judge: Tiscione, Filed On: March 28, 2024, Case #: 2:21cv550, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Chen dismisses a class action alleging violations of the Telephone Consumer Protection Act stemming from an alleged telemarketing scam. The litigant, an attorney representing himself, fails to rebut assertions that the defendant did not actually make the calls, but that an unknown third-party did and simply transferred the call.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 28, 2024, Case #: 1:23cv5457, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action
J. Ross grants partial summary judgment to New York and three detectives who arrested and prosecuted a man for multiple traffic violations and drug possession, finding his false arrest and false imprisonment claims fail because the police had arguable probable cause to arrest him. Only his malicious prosecution claim related to his excessively tinted windows — not the claims pertaining to his drug possession or obstruction of governmental administration — and his excessive force claims arising from their decision to forcibly remove him from the car survive the motion.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: March 28, 2024, Case #: 1:21cv285, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
J. Merle dismisses a complaint against UPS and a Teamsters union chapter alleging unlawful discharge and unfair labor practices. The majority of the UPS worker’s claims were considered on their merits in a prior case regarding his termination in 2011, and are thus barred under res judicata. The court further finds UPS’s decision not to hire him again in 2022 did not violate his collective bargaining agreement or a separate settlement agreement.
Court: USDC Eastern District of New York, Judge: Merle, Filed On: March 28, 2024, Case #: 1:22cv6925, NOS: Employment - Civil Rights, Categories: Employment, Settlements, Labor
J. Amon awards a bakery employee $169,773 in attorney fees and $8,062 in costs after he prevailed on his New York labor law claims at trial. The court reduces the attorneys’ requested hourly rates to $450 and $100, respectively, representing a 25% reduction in the amount requested.
Court: USDC Eastern District of New York, Judge: Amon, Filed On: March 28, 2024, Case #: 1:20cv1319, NOS: Fair Labor Standards Act - Labor, Categories: Attorney Fees, Labor
J. Block preserves claims for loss of consortium and negligent infliction of emotional distress against New York City and its police. The suit was brought by the ex-wife and children of a man who was wrongfully imprisoned for 23 years on murder charges. The husband subsequently received a $6.3 million settlement from the city after his conviction was overturned. There are remains a dispute as to whether there was a possibility the two would reconcile their marriage and thus establish a claim for loss of consortium.
Court: USDC Eastern District of New York, Judge: Block, Filed On: March 28, 2024, Case #: 1:14cv3794, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort
J. Donnelly tosses an employment discrimination complaint against Stony Brook University Medical Center on claims that it denied a nurse’s request for a religious exemption from its Covid-19 mandate and subsequently placed her on unpaid leave until she resigned. Her complaint fails to allege her employer’s actions were motivated by her religion. York’s health department removed religious exemptions from its vaccine mandate, and as such the healthcare provider would have been in violation of the mandate had they granted her request for an exemption for religious purposes.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 27, 2024, Case #: 2:23cv135, NOS: Employment - Civil Rights, Categories: Civil Rights, Covid-19, Employment Discrimination
J. Bulsara rules on a motion for partial summary judgment and finds in favor of a female bartender on her two wage statement violation claims against a New York City gentlemen’s club, awarding her $10,000 in statutory damages. She provides enough evidence to show both that she was not provided a wage notice within her first 10 days of employment and that her wage statements failed to list basic wage information. The court preserves her remaining claims for trial.
Court: USDC Eastern District of New York, Judge: Bulsara, Filed On: March 27, 2024, Case #: 1:21cv3766, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Business Practices, Labor
J. Donnelly preserves a Trafficking Victims Protection Act complaint that alleges the Odyssey Study Group, described as a religious cult, coerced the litigant, a 23-year member who eventually left in 2013, into performing labor and other services. The court finds the complaint is timely and adequately alleges the organization engaged in a conspiracy by threatening him with serious harm, including disclosing personal information, if he did not perform the work or attend its classes.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 27, 2024, Case #: 1:22cv7686, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Employment, Tort
J. Donnell declines to enter judgment in favor of the U.S. Department of Labor on the department’s Fair Labor Standards Act complaint alleging two companies, which provide “spotholding” services for a New York energy company, willfully misclassified its employees as independent contractors to get out of paying overtime wages. The court is unable to make a determination as to whether the litigants were in fact employees or independent contractors.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 27, 2024, Case #: 1:21cv57, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Komitee grants a motion on the pleadings and declares a travel agency and its parent company are not afforded coverage under their professional liability insurance policy for a series of civil actions filed in Canada stemming from a fatal tour bus crash. The court finds coverage is excluded under the policy’s bodily injury exclusion clause.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 26, 2024, Case #: 1:21cv5590, NOS: Insurance - Contract, Categories: Insurance
J. Brown reaffirms a jury’s verdict that found in favor of a Suffolk County resident on his claim for malicious prosecution against a county police officer, but finds the $600,000 award in damages to be excessive and sends the case back to trial on the issue of damages unless the parties agree to a reduced award of $233,100. Lastly, the court finds the jury’s verdict against Suffolk County was not supported by the evidence and vacates the judgment.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: March 26, 2024, Case #: 2:16cv4164, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Damages, Police Misconduct