557 results for 'court:"USDC Eastern District of New York"'.
J. Hall dismisses a complaint against New York’s education department challenging its decision to revoke an impartial hearing officer’s certification after finding she had committed plagiarism and improperly advocated on behalf of a party in one of her cases. Her due process claim fails because she did not file a petition in state court appealing the decision as required, and her equal protection claim fails because she does not specify any comparators which would suggest she was singled out on the basis of her race.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 26, 2024, Case #: 1:23cv2361, NOS: Other Civil Rights - Civil Rights, Categories: Education, Due Process, Equal Protection
J. Komitee denies competing motions for summary judgment and preserves in full two state law class actions alleging Gerber misled consumers by falsely claiming its Good Start Gentle infant formula could reduce an infant’s risk of developing allergies and that the FDA had officially endorsed its claims. While the plaintiffs at this stage have failed to prove unequivocally that the product does not in fact reduce the risk of allergies, that in the form of eczema, the court finds a jury could conclude the product’s labeling deceives consumers as to its effectiveness and to what degree the FDA approved those claims.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 25, 2024, Case #: 1:15cv2995, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Class Action
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J. Azrack transfers a putative class action against the Hard Rock Hotel and Casino in Atlantic City from this New York court to the U.S. District of New Jersey. The complaint alleges the casino violates state consumer protection laws when it issues cash-out tickets, which can then be redeemed at various kiosks inside casino, instead of cash for certain transactions. His injuries ultimately occurred in New Jersey, so this court lacks personal jurisdiction over the case.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: March 24, 2024, Case #: 2:22cv6758, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Venue, Class Action
J. Marutollo conditionally certifies a Fair Labor Standards Act putative collective action against Boar’s Head, the deli meat supplier, with claims for unpaid wages and untimely wage payments. The litigant, a service support specialist employed at one of its distribution centers in Brooklyn, adequately pleaded that members of the proposed collective action are similarly situated. Boar’s Head is ordered to provide a list of all current and former hourly workers who were employed at the distribution center between August 2020 to August 2023.
Court: USDC Eastern District of New York, Judge: Marutollo, Filed On: March 24, 2024, Case #: 1:23cv6333, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Class Action, Labor
J. finds dismisses a case against Delta Airlines alleging it racially discriminated against an Asian passenger when it forced to give up her first class seat to a white woman on a New York City-bound flight due to a ticketing error. Four of her five claims were dismissed with prejudice on a motion to withdrawal, and the court enters judgment in favor of the airline on her sole remaining federal civil rights claim, finding she fails to rebut its argument that the ticketing error was made before the gate agent had ever met her or learned of her race.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: March 22, 2024, Case #: 2:20cv1705, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Transportation
J. Matsumoto dismisses a second-amended fraud complaint that alleges a sports card authentication and grading services company misrepresented the authenticity of a 1980 Larry Bird, Magic Johnson Scoring Leaders trading card. The card owner’s state law fraud claim is time-barred, and the complaint fails to allege scienter or intent to deceive.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: March 22, 2024, Case #: 1:22cv5308, NOS: Other Contract - Contract, Categories: Fraud
J. Lindsay enters judgment in favor of a Long Island public school district’s dean of students on a high schooler’s unlawful search and seizure claim and dismisses the complaint in its entirety. The court rules the dean had sufficient cause to perform a search on the student’s person on suspicion that he was in possession of THC vaping products and that the search was reasonable, unpersuaded by the student’s description that it was more of an invasive strip search. His other claims were considered abandoned.
Court: USDC Eastern District of New York, Judge: Lindsay, Filed On: March 22, 2024, Case #: 2:21cv63, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Kovner dismisses outright a former Army National Guard servicemember’s civil rights complaint filed against various state and federal agencies claiming he was unlawfully separated from the military and denied basic allowance and family separation pay as well as reimbursement for travel expenses. The court finds the Court of Federal Claims has sole jurisdiction over his claims for unlawful separation, and the rest of his claims are either barred by sovereign immunity, fail to state a claim, failed to exhaust all administrative remedies, frivolous or were brought under statutes which do not afford a private right of action.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: March 21, 2024, Case #: 1:22cv6505, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Jurisdiction, Military
J. Seybert trims a 60-year-old disabled veteran’s employment discrimination complaint against a Long Island-based law school and allows a single claim for age discrimination to proceed to discovery. The court finds comments made by one of the interviewers, who said the university wanted someone to remain in the position for several years, could suggest that age was a consideration not to hire the applicant and instead hire a younger, less qualified employee.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 20, 2024, Case #: 2:21cv1345, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Education, Employment, Employment Discrimination
J. Cogan reaffirms a jury’s verdict in which they awarded six women $500,000 each plus punitive damages after finding a bond trader had violated the Trafficking Victim Protection Act when he brought them to his New York City penthouse and forced them to engage in brutal, sadomasochistic sex acts. The court finds the trader’s argument that the Act did not apply to their claims as unpersuasive.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: March 20, 2024, Case #: 1:17cv6404, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Rights, Damages, Assault
J. Seybert adopts in part a magistrate judge’s report and preserves for trial claims for fraud, rescission and declaratory relief stemming from a home equity sharing agreement. The court agrees with objections filed by two associated entities and dismisses claims for contract rescission against them, finding the claims were premised on fraud allegations that were dismissed.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 20, 2024, Case #: 2:21cv4542, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Property, Contract
J. Brodie rules on a series of expert and evidence-related motions in a negligence case against American Airlines, who was sued by a passenger alleging she was sexually assaulted by a drunk passenger during a flight from Phoenix to New York. Notably, the court allows evidence related to the litigant’s history of sexual abuse and assault to be presented at trial, but only for the purposes of identifying sources of prior trauma or apportionment of damages.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: March 20, 2024, Case #: 1:18cv6110, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Experts, Assault
J. Komitee issues his findings of fact following a bench trial and rules in favor of four car wash attendants on their unpaid-wages and retaliation claims against a Brooklyn-based car wash. The court awards each litigant $3,000 in damages for their state labor law retaliation claims, prejudgment interest, plus individualized awards for unpaid wages and misappropriated gratuities.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 20, 2024, Case #: 1:13cv6085, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages, Labor
J. Azrack grants a motion to enforce a $65,000 settlement agreement proposed by Home Depot and two third-party contractors to resolve claims for damages stemming from the alleged disturbance of asbestos in a customer’s home while installing a generator. The court finds the customer agreed to the terms of the settlement, that the settlement agreement is valid and enforceable and that his counsel at the time had the legal authority to negotiate on his behalf.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: March 19, 2024, Case #: 2:20cv4125, NOS: Other Contract - Contract, Categories: Settlements, Negligence
J. Kovner dismisses a securities lawsuit filed by investors in a popular mobile video game company alleging the company failed to disclose that it was in the process of overhauling the code for two of its most successful games which, once became public in a quarterly report, contributed to a 23% drop in its stock price. The investors failed to alleged that, had the company disclosed its revamp plans in its IPO documentation, it would have kept the existing disclosures from being misleading.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: March 18, 2024, Case #: 1:21cv6571, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Brodie preserves a maritime contract and fraud lawsuit that alleges an international moving company hired a maritime shipping company to transport cargo to Israel, but failed to disclose that the recipient of the cargo had gone out of business, which ultimately resulted in $161,000 loss for the shipping company. There remain questions as to the moving company’s intent and whether it failed to comply with the contract when it refused to pay the costs incurred as a result.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: March 18, 2024, Case #: 2:20cv2130, NOS: Marine - Contract, Categories: Maritime, Contract
J. Garaufis finds two individuals liable on breach of contract claims for their failure to pay the principal or interest on a $2 million loan and awards the litigants the same amount in damages. The defendants fail to present any material evidence that would suggest they were fraudulently induced into signing the loan notes. The court directs the parties to recalculate how much the litigants are entitled to in unpaid and pre-judgment interest.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: March 18, 2024, Case #: 1:18cv7303, NOS: Negotiable Instrument - Contract, Categories: Fraud, Damages, Contract
J. Azrack dismisses a civil rights lawsuit against Nassau County and two of its county police officers, who were sued by a woman that claims the officers ignored her report that she was raped by two men at her home in 2017 and the county refused to charge the assailants following a Special Victims Unit investigation in 2019 due to lack of evidence. She claims the officer ignored her pleas due to prior contentious interactions involving her mother. The court rules her claims against the reporting officer are time-barred, and that she does not have a constitutional right to compel a government agency to arrest or prosecute other individuals.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: March 18, 2024, Case #: 2:21cv5159, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct