552 results for 'court:"USDC Southern District of New York"'.
J. Furman denies the arms manufacturers' motion to dismiss the state's claims that they sell products used to make "ghost guns," including unfinished frames and receivers, designed to subvert state and federal laws by allowing people to build homemade guns that lack serial numbers. The state plausibly alleges the manufacturers' products are "firearms," and the Protection of Lawful Commerce in Arms Act does not preempt its claims.
Court: USDC Southern District of New York, Judge: Furman, Filed On: February 23, 2024, Case #: 1:22cv6124, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Firearms
J. Ramos grants the company's motion to dismiss a securities fraud class action alleging it made false and misleading statements about its franchise model and plan to build a new company headquarters. A 2022 investigative report claiming that a majority of the company's stores were actually direct-owned and not franchised does not prove that the statements made in 2020 were false. Further, the company did not mislead investors regarding its plan to use IPO funds to purchase land for a new headquarters, and was not required to announce future transactions that were still subject to change.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: February 23, 2024, Case #: 1:22cv9864, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
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J. Engelmayer dismisses the union's complaint challenging a mutual aid agreement between the port authority and the city that provides for coordination between the port authority, which maintains security at JFK and LaGuardia airports, and the city fire department in the event of an aircraft emergency. The union cannot show it will be harmed if one of its members cannot assume the role of "Incident commander" in the event of an airport emergency.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: February 22, 2024, Case #: 1:23cv560, NOS: Other Contract - Contract, Categories: Labor / Unions, Aviation
J. Vyskocil dismisses this class action against the state alleging that individuals with intellectual disabilities faced long delays in moving from restrictive institutional facilities to community-based residential settings. Since filing the complaint, all class members have been found placements, so the case shall be dismissed for lack of jurisdiction.
Court: USDC Southern District of New York, Judge: Vyskocil, Filed On: February 20, 2024, Case #: 1:22cv5045, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Health Care, Agency, Class Action
J. Rochon finds for the employer in an employment discrimination suit filed by a Black employee. The employee failed to show his supervisor's behavior was so severe as to constitute a hostile work environment, and he cannot refute his supervisor's claim that a text saying "Thanks my N" to the employee was intended to read "Thanks my Man." Further, there is no evidence the employee was unfairly barred from a portion of the office where he needed to be, or that he was not allowed meal breaks.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: February 20, 2024, Case #: 1:21cv679, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Furman sanctions plaintiffs counsel for failing to comply with nearly every deadline the court has set in this case. The attorney must pay $5,000 for wasting the court's time, and complete two additional hours of continuing legal education on issues relating to law office management given his inability to keep up with deadlines, not only in this case, but his extremely large docket in New York federal courts. Further, this matter is referred to the court's Committee on Grievances to determine if the attorney's conduct across the board violates the rules of professional conduct.
Court: USDC Southern District of New York, Judge: Furman, Filed On: February 16, 2024, Case #: 1:23cv3516, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Sanctions, Attorney Discipline
J. Roman grants the county's motion to dismiss due process and malicious prosecution claims filed by a prison guard who was accused of fraud after she applied for disability benefits based on a slip-and-fall on the job, but failed to disclose to the medical examiner that she regularly rode horses in local barrel racing competitions. The guard cannot show a special injury resulting from the county's pursuit of its fraud claims or that she was denied due process in any cognizable property interest.
Court: USDC Southern District of New York, Judge: Roman, Filed On: February 15, 2024, Case #: 7:19cv8931, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Due Process
J. Abrams rejects a plaintiff's objections to the consolidation of these three securities class actions against the defendant company. However, its objection to the current lead plaintiff for the consolidated action are persuasive, and the objector shall be substituted as lead plaintiff for the class' Securities Act claims and granted approval of its selected law firms as lead counsel.
Court: USDC Southern District of New York, Judge: Abrams, Filed On: February 15, 2024, Case #: 1:23cv2789, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Cronan denies the employer's motion for summary judgment on an employee's claims she developed respiratory illness as a result of her exposure to strong chemicals in a sealant used for station repair work. The employer did not file a Daubert motion to challenge the employee's proposed experts on causation, and she does not need expert testimony to establish that she experienced a headache, sore throat, and burning eyes in the immediate aftermath of being exposed to a strong chemical.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: February 13, 2024, Case #: 1:22cv1719, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, Tort
J. Oetken denies both parties' motions for summary judgment in a breach of contract suit stemming from a refrigerant product maker's $2.7 million order from a refrigerant supplier. Neither party presented arguments as to whether the contract at issue is a single delivery contract or an installment contract, which will determine the relevant standard for breach.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: February 12, 2024, Case #: 1:21cv297, NOS: Other Contract - Contract, Categories: Contract
J. Swain dismisses fraud claims against Wyndham Hotels stemming from alleged predatory tactics that induced elderly citizens to buy timeshare ownership interests. After buying the shares, the citizens found the properties unavailable on requested dates and were told they needed to pay more to upgrade their seniority. However, the claims against the hotel chain are subject to mandatory arbitration pursuant to the retail installment contract, so the complaint is dismissed for lack of jurisdiction.
Court: USDC Southern District of New York, Judge: Swain, Filed On: February 12, 2024, Case #: 1:22cv9700, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, Consumer Law
J. Halpern partially denies the food manufacturer's motion to dismiss a consumer class action alleging the labeling on its "Graham Crackers" product is deceptive because they contain more flour than graham flour. The consumer adequately alleges that she would not have bought the product had she known it was predominately made with white flour. However, the consumer failed to fulfill the statutory requirements to file suit under Connecticut, New Jersey and Delaware law.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: February 8, 2024, Case #: 7:22cv6089, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action
J. Rochon grants the insurer's motion to dismiss a former CEO's claims that it breached the company's directors-and-officers policy by funding the CFO's settlement with the company's liquidation trustee and continuing to represent the CFO without the company's consent. The policy does not give each insured officer the right to block the settlement of another insured or to participate in the defense of any claim against every other insured.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: February 8, 2024, Case #: 1:23cv1488, NOS: Insurance - Contract, Categories: Corporations, Insurance, Contract