557 results for 'court:"USDC Eastern District of New York"'.
J. Donnell dismisses a case brought by one of Jeffrey Epstein’s accusers in which she seeks to hold the owners of a building in which the assaults took place liable for the assaults. She claims the building’s owners allowed the abuse to occur by supporting Epstein socially and financially and allowing him to continue working and living in the building. The court finds the same underlying facts supporting her claims have already been litigated in an underlying state court action that she brought against Epstein’s estate, thus her claims are barred under res judicata.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: February 29, 2024, Case #: 1:22cv125, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Jurisdiction, Assault
J. Cho awards the prevailing litigant in a civil rights action $268,547 in attorney fees and $5,282 in costs after jury found in favor of a Rikers Island inmate who says he was assaulted by two corrections officers, awarding him $1.5 million in damages. The court reduces his counsel’s requested hourly rate of $550 to a more reasonable $450 per hour.
Court: USDC Eastern District of New York, Judge: Cho, Filed On: February 28, 2024, Case #: 1:17cv6349, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Attorney Fees, Prisoners' Rights
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J. Seybert enters judgment in favor against a woman on claims that a Suffolk County detective violated her due process and equal protection rights when he flirted with her over text while investigating claims that she was being stalked and harassed by an unknown person. The court finds the flirtation, while inappropriate, did not rise to the level of violating her constitutional rights. The court also finds the county not liable and dismisses those claims.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 28, 2024, Case #: 2:19cv4527, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Equal Protection, Police Misconduct
J. Seybert preserves a trademark infringement lawsuit against a canned produce seller for its use of the “Backyard Food” trademark in connection with the sale of pickled food products. The court rules the litigant’s almost six-year delay in bringing suit does not warrant dismissal because it requires additional fact-finding analyses, which are generally recommended on a motion to dismiss.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 26, 2024, Case #: 2:22cv4342, NOS: Trademark - Property Rights, Categories: Trademark
J. Azrack orders a new trial for a landlord’s First Amendment retaliation claims. A jury awarded him $76,550 in damages after finding a municipality on the southern shore of Long Island violated his rights when the commissioner for its planning and development department filed four civil lawsuits against him and denied his rental permit applications for his four rental properties after he voiced opposition to how the town served criminal summonses and its refusal to grant his applications. The court finds the jury’s verdict lacks legal support and ruled against the weight of the evidence.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: February 26, 2024, Case #: 2:12cv5434, NOS: Other Civil Rights - Civil Rights, Categories: Jury, First Amendment
J. Matsumoto enters partial default judgment and finds a mechanical engineering and fabrication firm and its owner jointly and severally liable for a client’s breach of contract claim and awards the client $200,000 in damages, plus pre- and post-judgment interest. The client successfully alleges the fabricator breached an agreement when it failed to design and build a machine that would convert plastic waste into fuel.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: February 26, 2024, Case #: 1:22cv250, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Gonzalez grants partial summary judgment and finds a Canadian augmented reality advertising firm liable on two investor’s breach of contract claim alleging the firm violated an agreement allowing investors to convert their stock warrants into shares conditioned upon certain criteria. The company was not allowed to accelerate the warrants’ expiration because its stock price had not maintained a value of $0.75 for 10 consecutive days, as stipulated under the agreement. The court leaves the question of damages for a jury to determine.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: February 23, 2024, Case #: 2:20cv3880, NOS: Other Contract - Contract, Categories: Securities, Contract
J. Wicks grants a joint motion to seal various exhibits which both parties claim contain sensitive confidential business information, trade secrets, data privacy and cybersecurity information. The case involves allegations that the defendants failed to safeguard its customers’ personally identifiable information, which were targeted by hackers in a data breach. The court directs the parties to redact the privileged information related to defendant’s anti-fraud practices and procedures as well as the litigants’ personal information.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: February 23, 2024, Case #: 2:21cv6911, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Evidence, Privacy, Technology
J. Wicks denies in part a motion for a protective order filed in an employment discrimination complaint and directs the mortgage lender to provide documents that it describes as sensitive business information, including its gross-total volume in mortgage sales for its New York branch. The litigants, regional managers who claim they were discriminated against on the basis that they are Italian Americans, seek information related to the company’s decision to restructure, which led to their terminations. The lender fails to explicitly detail how disclosure of this information would harm the company.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: February 21, 2024, Case #: 2:23cv542, NOS: Employment - Civil Rights, Categories: Discovery, Banking / Lending, Employment Discrimination
J. Seybert adopts a magistrate judge’s order, preserving claims for money had and received, unjust enrichment and equitable clawback in a lawsuit alleging various holding and investment companies illegally diverted $1.45 million of a company’s assets following its dissolution in exchange for a $4.5 million loan. The defendants fail to allege enough facts in their objections that would conclusively show the former company did not legally possess the funds when they were transferred.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 21, 2024, Case #: 2:20cv1166, NOS: Commerce - Other Suits, Categories: Corporations, Banking / Lending
J. Marutollo transfers to the Southern District of New York a lawsuit filed by various New York elected officials, civic leaders, unions and advocacy groups challenging New York City’s congestion pricing program. The court finds the complaint is substantially rooted in claims that arise in Manhattan, an area which is covered by the Southern District of New York’s judicial district.
Court: USDC Eastern District of New York, Judge: Marutollo, Filed On: February 17, 2024, Case #: 1:24cv81, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Transportation, Venue, Labor / Unions
J. Block preserves on a motion for summary judgment a Fair Credit Reporting Act complaint which alleges HSBC Bank failed to conduct a reasonable investigation of an account holder’s dispute of a debt incurred as a result of credit card fraud. The litigant alleges a scammer stole his new credit card, activated it through deceptive means and then used it to make a large purchase at BJ’s Wholesale. The litigant provides enough detail that alleges HSBC willfully ignored evidence in support of his dispute that showed he was not the one who activated the card, nor was present in the store when the purchases were made.
Court: USDC Eastern District of New York, Judge: Block, Filed On: February 16, 2024, Case #: 1:20cv4566, NOS: Consumer Credit - Other Suits, Categories: Debt Collection
J. Brown, ruling on the oldest active case on Eastern District of New York’s docket, affirms in part a magistrate judge’s report and recommendation and trims a 17-count complaint down to a manageable eight counts. The lawsuit, which was first filed in 2008, alleges a small village in Nassau County violated a Jewish institution’s religious freedoms when it imposed additional building requirements on a proposed synagogue, which was to be located in a residential area. The court agrees with the magistrate’s conclusions that the claims are ripe and present facial challenges to the village’s Places of Worship law.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: February 16, 2024, Case #: 2:08cv5081, NOS: Other Civil Rights - Civil Rights, Categories: Zoning, First Amendment
J. Locke rules on a series of motions filed in a product liability lawsuit for injuries stemming from the use of a retractable dog leash product sold on Amazon and at Petco retail stores. A woman alleges her middle and ring fingers were amputated after the cord on a Flexi New Classic leash wrapped around her hand while she was walking her golden retriever. The court preserves her claims for negligence, design defect and failure to warn, and also finds it has personal jurisdiction over the claims against the product’s distributor. The court further grants limited discovery to allow the litigant to establish jurisdiction over the product’s manufacturer, which is based in Germany.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: February 15, 2024, Case #: 2:22cv6608, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Jurisdiction
J. Ross dismisses a general contractor’s third-party complaint and counterclaims that seek to shift liability for claims under the Fair Labor Standards Act to a separate subcontractor, plus hold it liable for shoddy painting work and broken equipment. The general contractors’ counterclaim for fraud provides only conclusory allegations, and its negligent workmanship fails to meet the requirements as either a negligence or contract claim. The court further declines to grant its claim for implied indemnification or declare the subcontractor as the laborers’ employer.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: February 15, 2024, Case #: 1:22cv4356, NOS: Fair Labor Standards Act - Labor, Categories: Fraud, Negligence, Labor
J. Locke awards Toyota Lease Trust $232 in depreciation damages, plus $235,054 in attorney fees after it prevailed on its due process and unreasonable seizure claims against a Long Island village. Toyota tried to claim it was entitled to more than $3,000 in depreciation damages, but the court concludes the village is only liable for the loss in the car’s value from the time it was first impounded until its release, not when it was sold at auction a few months later.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: February 15, 2024, Case #: 2:20cv2207, NOS: Other Civil Rights - Civil Rights, Categories: Damages, Attorney Fees
J. Cogan rules an insurer for a subcontractor hired to install glass partitions at the American Airlines Admirals Club at JFK Airport must cover the general contractor’s defense costs for an underlying trip-and-fall action. The court finds that, while the subcontractor was able to shift liability for the underlying claims to a sub-subcontractor, that didn’t absolve its insurer of its obligations to indemnify the general contractor as an additional insured when the action was first initiated.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: February 12, 2024, Case #: 1:21cv4216, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. Hurd grants a self-represented litigant’s motion for reconsideration and reinstates his fabricated evidence claim against a group of Syracuse police officers and detectives. He alleges the authorities fabricated evidence to frame him for a murder cold case. The court finds that, due to a change in the prevailing law following Second Circuit’s ruling in Barnes v. New York City, the underlying events in his claim satisfy the requirement that he show a causal connection between the alleged falsified evidence and a deprivation of his liberty interests.
Court: USDC Eastern District of New York, Judge: Hurd, Filed On: February 8, 2024, Case #: 5:20cv1489, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Due Process