552 results for 'court:"USDC Southern District of New York"'.
J. Seibel grants a hospital’s motion to dismiss a former employee's claims that her allergic reaction to the flu vaccine is a disability under the Americans with Disabilities Act (ADA) and prevents her from receiving the COVID-19 vaccination required by the hospital. Her claim that the hospital failed to accommodate is unsubstantiated, as she requested a vaccination exemption, which the hospital was willing to consider, but the employee failed to provide the necessary documentation. Additionally, she was not the subject of an adverse employment action, as she voluntarily resigned to care for her family. The instant court finds the former employee failed to substantially support her claims.
Court: USDC Southern District of New York, Judge: Seibel, Filed On: April 8, 2024, Case #: 23cv6152, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Engelmayer appoints a neutral arbitrator per the dispute resolution terms of the parties’ commercial insurance contract. A Texas school district filed claims under its commercial insurance policy after school district property incurred damage during a hurricane. A dispute resulted regarding the extent of the school district’s coverage and the matter was submitted to arbitration. They were unable to agree on a single arbitrator, and after each appointing an arbitrator, the arbitrators were unable to agree on an umpire, therefore the matter was submitted to the instant court for selection of a qualified neutral arbitrator to oversee the matter. Having done so the case is ordered closed.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: April 8, 2024, Case #: 23cv8957, NOS: Insurance - Contract, Categories: Arbitration, Civil Procedure, Insurance
J. Roman grants a vehicle manufacturer’s motion to dismiss. A consumer brought suit against the manufacturer of 2022 Ram 1500, Ram 2500 and Ram 3500 Chassis Cab Vehicles with gross vehicle weight rating of less than 10,000 pounds. The consumer argues the vehicles were built with a defective rearview camera system that causes them to function intermittently or completely fail, and as a result the vehicles have diminished value and decreased performance. But the court finds the consumer suffered no injury in this matter as the manufacturer voluntarily participated in a recall for the issue, administered by the National Highway Traffic Safety Administration, so that any consumer with that vehicle could have the issue resolved completely at no cost. Dismissed.
Court: USDC Southern District of New York, Judge: Roman, Filed On: April 8, 2024, Case #: 22cv9993, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Warranty
J. Liman grants in part a hospital’s motion for summary judgment in this matter of alleged employment discrimination and retaliation. An Oncology unit employee reported to hospital administration that she was being subjected to harassing and unprofessional behavior by a physician; the hospital found no fault by the doctor. A hospital administrator discovered that the employee did not have the required certifications to work in the oncology unit. A detailed plan was implemented for the employee to earn the necessary credentials, but she failed to adhere to the plan, and her agreement was not renewed. She filed a complaint and transferred to Faculty Practice, where her supervising physician found she struggled with her work, required extensive supervision, and reported patient complaints, ultimately resulting in her termination. The employee alleges that her non-renewal and termination constituted unlawful discrimination based on her sex, race, color, national origin, and age. The instant court finds the employee may have been subjected to a hostile work environment while working in the Oncology unit, and that it is reasonable that the non-renewal may have been discriminatory and/or retaliatory in nature and should move forward, but the hospital presented sufficient evidence to support her termination from Faculty Practice for non-discriminatory/retaliatory reasons.
Court: USDC Southern District of New York, Judge: Liman, Filed On: April 8, 2024, Case #: 22cv1159, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Cote grants the Anti-Defamation League's motion to dismiss the Nation of Islam's complaint alleging the non-profit has repeatedly defamed the group by labeling it anti-Semitic. The non-profit pressured Ticketmaster not to sell tickets for the group's yearly benefit, and caused a university to refuse the group's request to use its facilities as a venue. The Nation of Islam cannot prove that the non-profit's assertions are false, as its letter to Ticketmaster directly quotes Nation of Islam leader Louis Farrakhan using the phrase "satanic Jews." Other challenged statements made by the non-profit are non-actionable opinion.
Court: USDC Southern District of New York, Judge: Cote, Filed On: April 5, 2024, Case #: 1:23cv9110, NOS: Other Civil Rights - Civil Rights, Categories: Defamation
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. Roman finds for the school district on a student's defamation and civil rights claims stemming from his five-day suspension for posting a photo of himself in a parking lot while his friend knelt above him with the caption "Cops got another" one day before the jury returned a verdict in Derek Chauvin's trial for the murder of George Floyd. The student received death threats after posting the photo, which was decried as racist, and the incident was a substantial disruption to the school, sparking a student demonstration and a school assembly. The district has an interest in maintaining order within its schools and therefore did not infringe on the student's free speech rights by disciplining him.
Court: USDC Southern District of New York, Judge: Roman, Filed On: April 5, 2024, Case #: 7:21cv6008, NOS: Other Civil Rights - Civil Rights, Categories: Education, Defamation, First Amendment
J. Ramos partially denies the defendant manufacturer's motion to dismiss breach of contract claims stemming from a contract to package the plaintiff manufacturer's infant formula product. The plaintiff sufficiently alleges that defendant breached the express terms of the agreement, by refusing to package the product during the 2022 national infant formula shortage. However, plaintiff does not adequately claim that the packager's conduct was intended to harm the manufacturer in order to promote its own formula product.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: April 2, 2024, Case #: 1:23cv8, NOS: Other Contract - Contract, Categories: Contract
[Consolidated.] J. Rakoff grants the banks' motion to dismiss seven securities class actions alleging the banks sold billions of dollars of securities before the news publicly broke that their client, Archegos Capital Management, had engaged in market manipulation of these issuers. The investors have not alleged that Archegos shared the issuers' confidential information, so they cannot assert an insider trading theory.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: April 1, 2024, Case #: 1:21cv8413, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Caproni finds for the news outlets in a copyright suit filed by a photographer over an Instagram post that featured a photograph of the case of Friends. A copyrighted photograph included in a social media post is transformative when the purpose is to report of comment on the post. Therefore, the news outlet's publication of the photo constituted fair use.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: April 1, 2024, Case #: 1:23cv1492, NOS: Copyrights - Property Rights, Categories: Copyright
J. Caproni denies the insurer's request for a declaratory judgment asserting it does not have to indemnify the restaurant in an underlying suit accusing a restaurant employee of assaulting a patron. There is conflicting evidence as to whether the assault was intentional or not. If the evidence shows that the patron's fall while being escorted out of the restaurant was not intentional, the insurer has a duty to defend.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: April 1, 2024, Case #: 1:23cv1198, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Subramanian partially denies the company's motion to dismiss a securities fraud action alleging it falsely portrayed its business as having a unique, asset-light, consignment model when it really operated like any other used-car dealership. The investors lack statutory standing for the pre-merger statements, but adequately plead scienter for executives' financial projections on an earnings call and statements regarding its reliance on one main sourcing partner.
Court: USDC Southern District of New York, Judge: Subramanian, Filed On: March 29, 2024, Case #: 1:21cv5906, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Carter grants the computer maker's motion to dismiss a consumer class action alleging that it prices its consumer products artificially high in order to promise purchasers a significant discount off the fictitious price. The consumer fails to show that computers are too complex for the average purchaser to evaluate holistically. The computer maker discloses its products' specifications to consumers, so consumers can make value comparisons themselves. Therefore, he cannot show the company deceived consumers in any way.
Court: USDC Southern District of New York, Judge: Carter, Filed On: March 29, 2024, Case #: 1:22cv5131, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Schofield denies the company's motion to dismiss a securities fraud suit alleging it made material omissions in statements about an acquisition. The statements allegedly created the impression the acquisition would be approved by the government without requiring renegotiation of the merger. The company repeatedly and specifically stated the expected merger timetable, which was misleading if corporate executives, behind the scenes, knew otherwise.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: March 27, 2024, Case #: 1:22cv4838, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Swain partially denies class claims stemming from a lender's imposition of force placed insurance on a property under a reverse mortgage. The lender admitted it had wrongfully charged the property owner for the force placed insurance, but did not credit back the related fees and interest charged to her. The homeowner adequately states a claim for violations of the Real Estate Settlement Procedures Act for the lender's failure to terminate the force-placed insurance within 15 days of written notice and proof of insurance.
Court: USDC Southern District of New York, Judge: Swain, Filed On: March 27, 2024, Case #: 1:20cv9281, NOS: Other Statutory Actions - Other Suits, Categories: Insurance, Real Estate, Class Action
J. Failla denies the crypto-asset trading platform's motion to dismiss the SEC's suit accusing it of violating federal securities laws by offering its services without registering with the SEC as an exchange, broker, or clearing agency. Many of the transactions on Coinbase's platform constitute "investment contracts," which federal securities laws have long recognized as securities subject to SEC regulation. However, Coinbase is entitled to dismissal of the claim that it acts as an unregistered broker by making its Wallet application available to customers.
Court: USDC Southern District of New York, Judge: Failla, Filed On: March 27, 2024, Case #: 1:23cv4738, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Agency
J. Engelmayer finds for Warner Bros. on all claims brought by a freelance comic book artist claiming the movie studio lifted elements of a 1990 story he wrote about Batman to use in its 2022 film The Batman. The similarities between the two stories are based on common, even hackneyed, archetypes and plot features that are not protected by copyright. In addition, all copyright claims against DC Comics shall be dismissed except the artist's claim of copyright fraud. DC Comics has established that it is the owner of valid copyrights of Batman works.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: March 27, 2024, Case #: 1:22cv8969, NOS: Copyrights - Property Rights, Categories: Copyright
J. Broderick dismisses a consumer class action alleging that the digital money platform misled consumers into investing in a cryptocurrency via a third-party company called Cred that ultimately lost all its value. The platform did not market this currency as part of the family of its own products, as it boldly showed users a full-page disclaimer taking no responsibility for a customer's choice to read more about the product before directing users to Cred's website.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: March 27, 2024, Case #: 1:21cv7579, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action
J. Oetken denies the property owner's motion for summary judgment in a personal injury action brought by an employee who was injured while installing internet service at a property. The property owner was responsible for the condition of the premises, and there is no evidence that the internet service provider caused the falling bricks that led to employee's injury.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: March 25, 2024, Case #: 1:22cv1154, NOS: Insurance - Contract, Categories: Tort