552 results for 'court:"USDC Southern District of New York"'.
J. Ramos grants the Chinese garment manufacturer's motion to exclude experts in a suit to hold defendants liable for an unsatisfied judgment against an American clothing seller. The defense expert did not review relevant parts of the record, so his report is inadequate to support the conclusions reached. Further, there is sufficient support for the manufacturer to proceed on its alter ego claims arguing that defendants are liable for the money judgment.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: March 25, 2024, Case #: 1:21cv7326, NOS: Other Contract - Contract, Categories: Corporations, Enforcement Of Judgments, Experts
J. Failla partially grants the defendants' motion to dismiss investor claims that they misrepresented the value of their interests in a solar company in order to buy the investors' stake for $105 million, only to turn around and sell their collective interest for over $1 billion a year later. The parties' contract waives any right for investors to claim they were fraudulently induced into signing the sale agreement. However, the agreement does not bar claims against non-party affiliates, or non-fraud claims against the company.
Court: USDC Southern District of New York, Judge: Failla, Filed On: March 25, 2024, Case #: 1:23cv2172, NOS: Other Contract - Contract, Categories: Fraud, Contract
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. Schofield partially denies the insurer's motion to dismiss a class action challenge to its policy of reducing the value of vehicles totaled in a car wreck and therefore paying less on insurance claims for those vehicles. A reasonable jury could find that the insurer engaged in misleading practice regarding the calculation of the value of accident victims' cars, but the complaint's claims based on alleged violations of Regulation 64 rest on an incorrect reading of the law.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: March 22, 2024, Case #: 1:21cv6243, NOS: Other Contract - Contract, Categories: Insurance, Consumer Law, Class Action
J. Cronan partially denies the political organization's motion to dismiss counterclaims alleging that it stole the Stanford researcher's copyrighted work on mapping police violence and make its own copycat website to divert donations to his project. The researcher has shown he put forth considerable skill and originality in creating his map organizing unprotected information, and these choices were not routine and obvious.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: March 20, 2024, Case #: 1:22cv9565, NOS: Copyrights - Property Rights, Categories: Copyright
J. Castel dismisses the satellite TV provider's antitrust claims against three broadcasters whom it alleges sought to charge it supra-competitive fees to re-broadcast certain popular television shows. The satellite provider chose not to renew its agreements with these broadcasters due to the quoted prices, causing content blackouts for its subscribers and the loss of thousands of customers. Because the provider never actually entered into an agreement which would have required it to pay supra-competitive fees, its injury is not the type that antitrust laws were intended to prevent.
Court: USDC Southern District of New York, Judge: Castel, Filed On: March 20, 2024, Case #: 1:23cv2221, NOS: Antitrust - Other Suits, Categories: Antitrust, Communications
J. Liman grants a default judgment to the creator of the Five Nights at Freddy's series of horror video games in a copyright infringement suit against a China-based Amazon seller of unauthorized copies. The creator shall be awarded $90,000 in damages for willful infringement, less than the $150,000 requested because the creator did not submit any evidence of his losses.
Court: USDC Southern District of New York, Judge: Liman, Filed On: March 18, 2024, Case #: 1:22cv3021, NOS: Copyrights - Property Rights, Categories: Copyright, Damages
J. Oetken partially denies the employer's motion to dismiss a trader's claims he was fired after repeatedly reporting illegal trading using the bank's proprietary account information of pending client orders to make unrelated stock trades. The trader failed to exhaust his administrative remedies for his promotion, suspension, and bonus claims. However, he may pursue his whistleblower and employment retaliation claims, as the trader plausibly alleges his protected activity was a contributing factor to his termination.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: March 18, 2024, Case #: 1:22cv8621, NOS: Employment - Civil Rights, Categories: Whistleblowers, Employment Retaliation
J. Clarke grants the plaintiff insurer's request for a declaration that the defendant insurer is obligated to indemnify their mutual insureds in an underlying construction injury suit. The property owner and lessee named in the underlying case qualify as additional insureds under defendant's policy, and the wrap-up exclusion does not bar coverage.
Court: USDC Southern District of New York, Judge: Clarke, Filed On: March 15, 2024, Case #: 1:22cv364, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Abrams partially dismisses an employee's claims stemming from the hotel's alleged unlawful withholding of his deferred-compensation funds, which he claims it used to cover operating expenses. He cannot pierce the corporate veil to hold any individual hotel officer liable but may pursue a conversion claim on the $382,000 debt alleged owed to him.
Court: USDC Southern District of New York, Judge: Abrams, Filed On: March 15, 2024, Case #: 1:22cv775, NOS: Other Contract - Contract, Categories: Corporations, Employment, Conversion
J. Ho partially denies the resort's motion to dismiss a Muslim employee's claims he was discriminated against on the basis of his religion and disability. A supervisor's comment that the employee should try bacon is not enough to support a religious discrimination claim. However, the resort is not entitled to summary judgment because the employee offers sufficient evidence to show that the alleged insubordination for which he was fired never happened, and was pretext for firing him due to his limitations caused by his diabetes.
Court: USDC Southern District of New York, Judge: Ho, Filed On: March 15, 2024, Case #: 1:22cv3104, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Cronan dismisses the small businesses' RICO claims against several lenders over an alleged predatory lending scheme disguised as agreements for the purchase and sale of these businesses' future sales receipts. Nothing in the complaint suggests that the defendants, in making the agreements and collecting the debts, acted beyond "the regular affairs of the corporation." However, the businesses' shall be given the opportunity to amend their complaint.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: March 14, 2024, Case #: 1:23cv1404, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Business Practices, Banking / Lending, Racketeering
J. Sannes preserves claims for hostile work environment and Title IX gender discrimination against St. Lawrence University, who was sued by a sociology professor who claims she was drugged and raped by a fellow professor at his off-campus home. The court finds the complaint successfully imputes liability for the sexual assault onto the university under Title XI on the basis of deliberate indifference before and after the assault, and further sufficiently alleges that the alleged perpetrator’s actions after the sexual assault were threatening and constituted a hostile work environment. Additionally, the court trims a countercomplaint filed by the alleged perpetrator and preserves a single claim for defamation regarding Facebook posts she made alleging she was a victim of rape.
Court: USDC Southern District of New York, Judge: Sannes, Filed On: March 14, 2024, Case #: 8:23cv426, NOS: Employment - Civil Rights, Categories: Education, Defamation, Assault
J. Figueredo denies the lender's motion to strike an expert opinion in a suit against a borrower, seeking to collect on a $14 million loan secured by a Jean-Michel Basquiat painting. The lender now claims to have possession of the Basquiat and wants to sell the painting, but third parties purport to hold an interest in the painting. A third-party's expert is qualifies to opine on asset-backed lending and the standards of reasonable diligence in the art market relative to the loans made by the lender.
Court: USDC Southern District of New York, Judge: Figueredo, Filed On: March 14, 2024, Case #: 1:20cv4669, NOS: All Other Real Property - Real Property, Categories: Experts, Discovery, Banking / Lending