247 results for 'court:"USDC Northern District of New York"'.
J. Stewart denies summary judgment to each party in a contract dispute regarding the sale and use of recycling sorting vending machines. The manufacturer of the machines claims the recycling services company owes unpaid amounts due under the agreement, while the recycling company filed counterclaims for breach of warranty and rescission, alleging the machines were defective. The parties' differing viewpoints on the extent to which the machines were warranted precludes summary judgment.
Court: USDC Northern District of New York, Judge: Stewart, Filed On: September 18, 2023, Case #: 1:18cv1266, NOS: Other Contract - Contract, Categories: Warranty, Contract
J. D'Agostino refrains from conditionally certifying a putative collective and class action against Ollie's Bargain Outlet, one of the largest outlet retailers in the country, alleging its co-team leaders were improperly classified as exempt and were not paid overtime compensation. The employee fails to provide any evidence that would suggest he and other proposed members were improperly classified as exempt on a nationwide scale.
Court: USDC Northern District of New York, Judge: D'Agostino, Filed On: September 15, 2023, Case #: 5:22cv279, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
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J. Kahn dismisses a false advertising class action against the manufacturer of a powdered bone broth nutritional product, claiming it failed to inform consumers that the 20 grams of protein advertised on the front label are mostly indigestible. The Food, Drug and Cosmetic Act does not explicitly require products to include a Protein Digestibility Amino Acid Score and does not provide a private right of action for their claims regarding the lack of a daily percentage value listing for protein on the product's back label.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: September 15, 2023, Case #: 5:21cv390, NOS: Other Contract - Contract, Categories: Class Action, False Advertising
J. Sannes denies Amazon's motion to dismiss Rensselaer Polytechnic Institute's patent claims alleging Amazon used RPI's natural language processing technologies for use in its Alexa-enabled voice control devices without a license. RPI retained its right to bring claims for patent infringement under its sublicensing agreements and a sublicensee did not transfer away its rights under the agreement when its parent company restructured its debt.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: September 15, 2023, Case #: 1:18cv549, NOS: Patent - Property Rights, Categories: Patent, Technology
J. McAvoy denies the NRA's motion to lift the court's stay and compel discovery on its remaining claims against former Gov. Andrew Cuomo, in his individual capacity, alleging free speech violations. It would not be prudent to advance litigation at this stage until the court has issued a ruling on the former governor's motion for judgment on the pleadings, which he argues has a high chance of success following a similar ruling dismissing claims against Maria Vullo, the former head of New York State's Department of Financial Services on the basis of governmental immunity.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: September 15, 2023, Case #: 1:18cv566, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Discovery, First Amendment
J. Hurd preserves claims for excessive force, failure to intervene and battery against a group of police officers and the Village of Clayton stemming from an incident in which the litigant was forcefully ejected from a local bar after starting a fight with other patrons. The court finds poor-quality footage of the incident fails does little to refute the litigant's claims, thus leaves it up to a jury to resolve.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: September 14, 2023, Case #: 5:20cv1283, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Hurd grants class certification to a General Electric employee's one-count class action ERISA complaint that seeks to challenge GE's practice of excluding coverage for mental health and substance abuse treatment which is considered "unproven, experimental or investigational". The litigants suffered a concrete injury for purposes of standing when they were forced to pay more than $68,000 in medical costs for their adoptive son's mental health treatment even though he suffers from disorders which are expressly covered under the health plan.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: September 14, 2023, Case #: 1:21cv553, NOS: Insurance - Contract, Categories: Erisa, Class Action
J. Hummel grants the information technology company's motion to reopen discovery and permit late expert disclosure in a breach of contract lawsuit brought by a consulting company. The tech company discovered its need for an expert witness only 26 days before the end of the discovery period after determining the witnesses that the consulting company put forward were not in fact its employees, but rather employees working out of a subsidiary in India and, therefore, outside the court's reach. While the tech company could have acted sooner, it acted in good faith to find an available expert during that time.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: September 8, 2023, Case #: 1:20cv508, NOS: Other Contract - Contract, Categories: Experts, Discovery, Contract
J. Sannes dismisses a motion for spoliations sanctions filed by the defendants in a case that seeks liability under CERCLA for the costs addressing a petroleum contamination at a former metal recycling plant in Utica, New York. During litigation, it was discovered that the litigant ordered the destruction of more than 23,000 pounds of documents containing historic records related to the facility, which the court determined was grounds for sanctions. However, the court finds the defendants’ request to dismiss its remaining state law claims, plus a $2.3 million monetary sanction, to be too drastic a penalty, recommending a smaller award for attorney fees based on the time their respective counsels spent to uncover, investigate and litigate the spoliation.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: September 7, 2023, Case #: 6:16cv1523, NOS: Environmental Matters - Other Suits, Categories: Environment, Evidence, Sanctions
J. Hummel dismisses, with prejudice, a self-represented litigant’s unlawful search and seizure complaint brought against the U.S. Customs and Border Protection stemming from an altercation he had with border patrol agents at the U.S.-Canada border in New York after he was denied entry into the country. His complaint asserts claims solely against the federal agency, which is protected by governmental immunity.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: September 7, 2023, Case #: 8:23cv345, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Immunity
J. McAvoy enters judgment in favor of the title insurance provider on a claim that it had an obligation to provide coverage to an insured for an underlying complaint regarding a property dispute concerning an inn property in Catskill, NY, finding the insurance policy expressly excludes coverage related to defects, liens, encumbrances and other similar matters.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: September 5, 2023, Case #: 1:22cv803, NOS: Insurance - Contract, Categories: Insurance
J. Sannes preserves, in part, a putative class action consumer fraud lawsuit brought against Adidas which allege their authentic NHL jerseys are not the same as those worn on the ice by professional hockey players. The court finds the individual successfully argued that the apparel manufacturer's use of the word "authentic" is misleading due to differences between the two jerseys' fight straps, fabric thickness, stitching, neck holes and other aspects.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: September 1, 2023, Case #: 6:22cv788, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action
J. Lovric tosses a self-represented litigant’s complaint brought against the Utica Civil Criminal Court, a city court judge, the Utica Police Department and her two legal counsel alleging various due process and constitutional rights violations in connection with her arrest and criminal proceedings. The city court judge is protected by judicial immunity, the Civil Criminal Court and local police department are not independent legal entities to which she can assert civil claims and her claims against her counsel fail for failure to state a claim.
Court: USDC Northern District of New York, Judge: Lovric, Filed On: August 30, 2023, Case #: 6:22cv1398, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Due Process
J. Kahn enters judgment in favor of a group of Albany city police officers on a self-represented litigants unlawful search and seizure claims alleging they executed a fraudulent warrant to search his friend’s apartment building, finding the warrant was valid and that they did not exceed its scope. However, the court declines summary judgment on his claims for illegal cavity search and failure to intervene after finding cocaine and other drug-related paraphernalia at the apartment and subsequently performing a cavity search on his person, finding the reasons the investigators provided justifying the search to be in dispute.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: August 30, 2023, Case #: 1:20cv1153, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Sannes preserves a woman’s false arrest, malicious prosecution and conspiracy claims against the city of Saratoga Springs. She says a local police officer and two officials at the Saratoga Casino Hotel, one of which was the city’s former chief of police, conspired to arrest her on false charges of petit larceny after a casino cashier mistakenly gave her an extra $850 while redeeming her lottery scratch-off tickets. She sufficiently alleges probable cause did not exist for her arrest because the defendants were informed by the local district attorney’s office that it believed no crime had been committed on the belief that the woman herself had asked the cashier to verify the amount, thinking she had received too much.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: August 29, 2023, Case #: 1:22cv1154, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Police Misconduct
J. Kahn denies summary judgment to Ithaca College and the college’s head football coach on a student’s negligence claims stemming from a concussion he suffered during preseason football practice. The court finds there are genuine disputes as to whether the student was forced to participate in practice sessions that ran beyond the limit for students going through the program’s acclimatization period, which would have exposed him to risks beyond those inherent to the sport.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: August 28, 2023, Case #: 3:21cv459, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Education, Negligence