247 results for 'court:"USDC Northern District of New York"'.
J. Nardacci trims a trade secrets complaint brought by a tugboat services operator that alleges a former employee misappropriated various files related to the company’s tugboats while working for a competitor, such as their tugboats’ respective seaworthiness and what equipment they had onboard. The litigant sufficiently pleads the information constituted trade secrets and that the former employee accessed the information several times while working for the rival firm. Additionally, its claims under the Defense Trade Secrets Act can be imputed to the rival company because the former employee worked as a manager when he allegedly stole the information.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: February 9, 2024, Case #: 1:23cv163, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets
J. Hurd preserves a hairstylist’s claims for defamation, intentional infliction of emotional distress and tortious interference with business relations that allege a beauty supply store in Schenectady, New York, falsely accused her of shoplifting and discussed the events in front of other customers, which ultimately hurt her business. She plausibly alleges the store’s allegations to local authorities were made with actual malice. The court also finds that the crime of shoplifting is considered a “serious crime” pursuant to a slander per se claim.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: February 8, 2024, Case #: 1:23cv666, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Emotional Distress, Interference With Contract
J. Narcaddi denies a motion for a temporary restraining order and a preliminary injunction that would have enjoined New York from issuing any new licenses to operate retail cannabis dispensaries. The complaint alleges the state’s early-entry application process violates the commerce clause because it favors applicants owned by individuals who received convictions on marijuana-related charges in New York while disfavoring those convicted in other states. The court finds the commerce clause does not guarantee a right for dispensaries to participate in an interstate market, which Congress has declared illegal.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: February 2, 2024, Case #: 1:23cv1599, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Commerce, Licensing
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J. Suddaby rules in favor of a healthcare provider and dismisses a 66-year-old’s age discrimination complaint that claims it denied his application for a position as a sleep physician on the basis of his age. One of those involved inadvertently sent him an email which allegedly suggested the company was actively refusing to hire older applicants. The applicant suffered no injury because he voluntarily withdrew from consideration after being scheduled an in-person interview. As well, he fails to show that anyone involved in the decision to hire him harbored discriminatory animus after the company removed the email’s sender from the hiring process once they learned what she had said in the email.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: February 1, 2024, Case #: 3:22cv178, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Suddaby finds a group of tenants living in federally subsidized housing likely to win on their claims for Second Amendment violations, and issues a preliminary injunction prohibiting the regional housing authority from enforcing a clause in its lease agreements barring tenants from using, possessing or displaying firearms in their homes. The court finds the alleged constitutional violations constitute irreparable harm which justifies court intervention and further agrees with the tenants’ arguments that the housing authority fails to show its firearms ban is part of a historical tradition of firearms regulation.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: January 30, 2024, Case #: 5:23cv1540, NOS: Other Civil Rights - Civil Rights, Categories: Housing, Firearms
J. Chen preserves federal housing discrimination claims against an architectural firm brought by a group of 28 senior housing complexes as assignees. The court finds claims under the Federal Housing Act can be assigned to a separate entity, and there is insufficient evidence as to whether the assignors were fully compensated for their injuries, which would extinguish their respective claims. The court dismisses their state law housing discrimination claims as abandoned.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: January 29, 2024, Case #: 5:22cv278, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Housing
J. D’Agostino dismisses the last remaining defendant from a consumer credit complaint that alleges a homeowner’s mortgage lender erroneously reported her mortgage as discharged after she filed for Chapter 7 bankruptcy even though she continued to make payments until the debt had been satisfied. While she successfully alleges she suffered an injury in that she has been unable to secure additional lines of credit due to the inaccurate information, the court finds her credit report is essentially accurate.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: January 24, 2024, Case #: 3:23cv147, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Debt Collection, Consumer Law
J. Suddaby declines to hold New York’s corrections and community supervision department in contempt of the court’s prior preliminary injunction. The litigant in the case, a disabled persons advocacy group, argued the department violated the order when it's special investigations office provided records which had important information regarding two confidential witnesses redacted, including their names and department ID numbers. The court finds the language of the injunction was not sufficiently clear or unambiguous and that the department’s action were a good faith attempt to comply with the order.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: January 17, 2024, Case #: 1:21cv739, NOS: Other Civil Rights - Civil Rights, Categories: Contempt, Government, Public Record
J. Suddaby preserves the bulk of an employment discrimination and retaliation complaint brought by a Black female director who sued Excellus BlueCross BlueShield on allegations that it treated her unfavorably because of her race and gender and subsequently fired her in retaliation for her complaints regarding the treatment. The court finds she plausibly alleges that her predecessor, a white man, was treated more favorably than her even though certain decisions he made allegedly cost the company millions of dollars. As well, her allegations that she was fired only a month after she expressed complaints she was being treated differently on the basis of her race, such as being excluded from important meetings and email chains, sufficiently buoys her claim for retaliation.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: January 17, 2024, Case #: 5:22cv1050, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Retaliation
J. Suddaby rules in favor of New York State’s correctional and community supervision department on claims that it failed to provide timely access to complete and unredacted records regarding two inmates, one of whom died while in custody. The court finds the advocacy group’s claims are moot because the department had already provided the requested documents per the court’s orders, and there is little evidence to suggest the agency will make the same mistakes in the future.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: January 16, 2024, Case #: 1:20cv1487, NOS: Other Civil Rights - Civil Rights, Categories: Public Record
J. Hurd preserves on a motion to dismiss a citizen’s false arrest, excessive force and unreasonable search claims against a group of Upstate New York police officers stemming from an incident during a welfare check. The citizen, who suffers from bipolar disorder and depression and has had suicidal thoughts in the past, sufficiently alleges that the officers entered his house without his consent, arrested him without cause and tasered him even though he posed no immediate threat.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: January 11, 2024, Case #: 1:21cv1358, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Sannes tosses a constitutional challenge against two provisions under New York’s public health law, the spending mandate and the excess-revenue cap, which set requirements on how state nursing homes can spend their operating revenue. The complaint, filed by a group comprising 250 nursing home operators and three trade associations, argues the provisions constitute an illegal taking and violate a range of constitutional statutes. However, the nursing homes have not yet been fined by the department, nor sought a waiver from the requirements. Their illegal taking claims are not ripe, and they fail to allege the regulations are preempted by federal law or violate their due process rights or the Eighth Amendment’s excessive fines clause.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: January 9, 2024, Case #: 1:21cv1384, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Health Care
J. Hurd grants final approval to a class action settlement to resolve claims that Rensselaer Polytechnic Institute failed to reimburse its students for on-campus services after converting to online-only teaching in response to the Covid-19 pandemic. While the full settlement amount was not disclosed in the ruling, named representatives of the class action suit will each receive $10,000, and class counsel will receive $2.16 million in attorney fees and $119,360 in costs.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: January 9, 2024, Case #: 1:20cv470, NOS: Other Contract - Contract, Categories: Education, Covid-19, Class Action
J. Hurd grants a preliminary injunction and orders the lessor of various parcels of land in Upstate New York for the construction and operation of solar energy farms to execute easements to allow NYSEG, a regional utility company, to connect the facilities to the energy grid. The lessor refuses to execute the easements until it is able to determine whether it can receive federal aid under the Inflation Reduction Act for the projects, which has stalled the projects. The court finds the tenants will most likely prevail on their claims that the forced delays violate their respective agreements and run the risk of damaging the litigants’ reputations with the state’s solar energy department, which could prevent it from receiving state aid for the future projects.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: January 8, 2024, Case #: 1:23cv971, NOS: Other Contract - Contract, Categories: Energy, Injunction
J. Sannes denies summary judgment to a lender on claims that a debtor defaulted under a future receivables purchase agreement. The lender fails to provide a physical copy of a notice issued by a debt restructuring firm to support its allegations that the debtor’s bank account had been blocked, which prevented it from withdrawing the required weekly payments and subsequently triggering a default under the agreement.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: January 5, 2024, Case #: 1:21cv1074, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Suddaby enters judgment in favor of New York state’s prison system on equitable relief claims alleging that it failed to properly respond to an inmate advocacy group’s request for documents related to a group of inmates, one of whom died while in prison custody. The 11th Amendment bars the federal judiciary from issuing declaratory relief against state officials for past violations, and in regards to the merits on their claims, the court finds the laws regulating disclosure of inmate documentation, which states document requests must be fulfilled within three days, is geared more towards copy requests made in person upon physical inspection at the respective prison facility, to allow the document custodian to properly review the documents to ensure inmates’ privacy is protected.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: January 2, 2024, Case #: 1:18cv980, NOS: Other Civil Rights - Civil Rights, Categories: Public Record, Prisoners' Rights
J. Sannes preserves a single claim for First Amendment retaliation that alleges a group of students were suspended after they participated in a quiet walk-out to protest how their high school was being handled, including mistreatment by the school's principal. Their actions are protected by the First Amendment and there is strong connective tissue between their protesting and their suspensions.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: December 21, 2023, Case #: 3:23cv191, NOS: Other Civil Rights - Civil Rights, Categories: First Amendment
J. Sudday enters judgment in favor of Hamilton College on a student’s Title IX gender discrimination and breach of contract complaint, according to which the the college wrongfully concluded that he sexually assaulted a female student and afterwards expelled him from school. The court finds the student has failed to present any evidence would lead a jury to find the college’s actions showed bias against men or that the college’s process violated school policy.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: December 19, 2023, Case #: 6:21cv436, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Contract
J. Suddaby grants judgment to a thrift store located in Ithaca, New York, on a self-represented female sales associate’s employment discrimination and retaliation claims, which she brought after she was fired for stealing merchandise. She fails to provide any details to suggest she was discriminated on the basis of her gender or religion or that her employer’s decision to terminate her employment was retaliatory.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: December 19, 2023, Case #: 3:21cv1048, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation