159 results for 'court:"USDC Western District of New York"'.
J. D'Agostino rules Meta Platforms, parent company of Facebook and Instagram, cannot be held directly liable for a third-party’s sales of knockoff Little Trees car freshener products and dismisses all trademark dilution, infringement and unfair competition claims asserted against it. The complaint fails to allege the social media platform itself placed the manufacturer’s trademarks on any goods sold on its platform.
Court: USDC Western District of New York, Judge: D’Agostino, Filed On: January 4, 2024, Case #: 5:22cv1305, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition
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
[Redacted.] J. Wolford declines to certify class claims contending companies repeatedly sent out nearly identical price increase announcements for caustic soda. The expert's regression model is not methodologically sound since the expert did not review individual contracts, and the model makes several assumptions, including that failing to properly classify certain contracts would have a minimal effect on the results. Meanwhile, the model fails to include a reliable proxy for global demand for the soda.
Court: USDC Western District of New York, Judge: Wolford , Filed On: December 28, 2023, Case #: 1:19cv385, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Geraci dismisses claims contending police officers used "intimidating tactics" to serve a quarantine order against a broadcaster and her child during the Covid-19 pandemic because the amended complaint does not plausibly allege the existence of a municipal policy that would have led to misconduct, and evidence does not indicate the broadcaster's speech had been chilled due to the officers' conduct. Meanwhile, nothing indicates defendants conspired to interfere with her civil rights.
Court: USDC Western District of New York, Judge: Geraci , Filed On: December 20, 2023, Case #: 6:23cv6201, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Covid-19
J. Wolford finds for a professional photographer in claims contending a media company used his copyrighted photo of New York State officials without permission because the photographer submitted the copyright registration, and the image on the company's website is identical to the registered photo. Meanwhile, the company failed to respond to the complaint.
Court: USDC Western District of New York, Judge: Wolford , Filed On: December 15, 2023, Case #: 6:23cv6094, NOS: Copyrights - Property Rights, Categories: Copyright
J. Geraci allows plaintiff to continue claims contending a business services provider transferred work from an industrial printing facility to another facility without justification because the decision may have constituted breach of project change requests. Meanwhile, the printing facility properly alleged the existence of an enforceable agreement, and the claims were not duplicative.
Court: USDC Western District of New York, Judge: Geraci , Filed On: December 12, 2023, Case #: 6:22cv6570, NOS: Other Contract - Contract, Categories: Contract
J. Larimer rules in part for the city in claims contending police falsely arrested plaintiff after he fled from an officer during a traffic stop in which a handgun was found in his car. Whether the stop was supported by probable cause remains unclear since body camera footage did not indicate the vehicle had been drifting out of its lane without signaling. However, whether the arresting officer or another officer found the gun in the vehicle does not matter, and plaintiff failed to state a proper conspiracy claim.
Court: USDC Western District of New York, Judge: Larimer , Filed On: November 28, 2023, Case #: 6:21cv6683, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Karas transfers claims contending the division of state police failed to promote an employee and constructively discharged him due to his national origin after telling him he was going to be transferred to "a converted broom closet." Most of the witnesses are located in the western district, where the employee worked during the relevant time, and he does not currently live in the southern district.
Court: USDC Western District of New York, Judge: Karas , Filed On: November 21, 2023, Case #: 1:23cv1208, NOS: Employment - Civil Rights, Categories: Employment, Venue
J. Wolford temporarily stays claims contending plaintiff was injured after a vehicle being driven by an employee of Trion Solutions collided with plaintiff's vehicle, which caused both cars to crash into a tractor-trailer, because the case had been timely removed.
Court: USDC Western District of New York, Judge: Wolford , Filed On: November 20, 2023, Case #: 1:23cv574, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Insurance, Negligence
J. Crawford allows an inmate to continue certain claims contending correction officers assaulted him, causing fractured ribs and a collapsed lung; halted his water supply; deprived him of meals and hygiene supplies for three weeks; and falsely charged him with aggravated harassment of a corrections employee. Evidence did not indicate supervisors were aware of the "prolonged deprivation" of meals and hygiene materials, but the complaint plausibly alleges certain officers and a nurse knew about it. Meanwhile, the alleged verbal harassment of the inmate constitutes a plausible adverse action, and evidence indicates officers staged a crime scene the day the inmate was removed from his cell.
Court: USDC Western District of New York, Judge: Crawford , Filed On: November 15, 2023, Case #: 1:23cv41, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Prisoners' Rights
J. Geraci dismisses claims contending a drug company failed to pay a provider rebates under a wholesale agreement because the drug company is not a party to the participation agreement and did not violate the agreement by changing its credit card processing vendor. Meanwhile, evidence does not indicate the specialty care company acted as agent on behalf of the drug company in entering the distribution agreement.
Court: USDC Western District of New York, Judge: Geraci , Filed On: November 7, 2023, Case #: 6:23cv6174, NOS: Other Contract - Contract, Categories: Contract
J. Payson removes the "attorneys' eyes only" designation from a sales and commission report prepared by a sales agent accused of colluding with a former employee to steal the customer base of a component parts manufacturer because the report did not reveal which specific items had been purchased or the price of goods and services and thus did not include confidential information. However, recently invoiced amounts may constitute commercially sensitive information.
Court: USDC Western District of New York, Judge: Payson , Filed On: October 20, 2023, Case #: 6:20cv7031, NOS: Other Contract - Contract, Categories: Contract