244 results for 'court:"USDC Northern District of New York"'.
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
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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
J. Sharpe preserves First Amendment and equal protection retaliation claims brought by a female former special counsel of the New York State Division of Criminal Justice Services against her supervisor. She alleges her supervision demoted her in retaliation for voluntary testimony she provided in an investigation into complaints that he was acting inappropriately towards female employees. The court finds her testimony relate to matters of the state and is therefore protected speech under the First Amendment. As well, the court finds the supervisor’s defenses for her demotion are undercut by allegations that parts of her testimony were corroborated by other employees, which could lead a jury to believe the reasons were pretextual and that her demotion was retaliatory.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: August 25, 2023, Case #: 1:18cv619, NOS: Employment - Civil Rights, Categories: Equal Protection, Employment Retaliation, First Amendment
J. D’Agostino dismisses a putative class action false advertising lawsuit brought against the maker of Wet Ones Antibacterial Hand Wipes which alleges the claim on the product’s packaging that the product “Kills 99.9% of Germs” is false or misleading. The litigant revealed the fatal flaw in her argument in her response to the manufacturers’ motion for dismissal when she claimed the product is ineffective at killing germs that are not commonly found on a consumers’ hands and which the product does not claim to target.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: August 23, 2023, Case #: 1:22cv642, NOS: Other Fraud - Torts - Personal Property, Categories: Class Action, False Advertising
J. Sannes rules on two motions in limine on an employment discrimination complaint that alleges a large national distribution company declined to hire a woman because she is deaf. The employer is permitted to introduce evidence that shows the applicant is a cancer survivor and considers herself to be disabled, finding it directly relevant to questions of discriminatory animus, while it is precluded from presenting evidence related to income she earned from supplemental security, which the employer was hoping to use to offset a possible award for backpay.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: August 23, 2023, Case #: 5:20cv1628, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Discovery, Employment Discrimination
J. Sannes enters judgment in favor of the New York State Department of Education on a 71-year-old special education teacher’s employment discrimination and retaliation complaint that alleged she suffered disciplinary action on the basis that she suffered from extreme anxiety and other mental health conditions, which ultimately led to her forced resignation. The education department successfully argued that its decision to initiate disciplinary actions against her were due to complaints that she reportedly said she was going to “kill” or otherwise harm her supervisor and
not driven by discriminatory animus.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: August 21, 2023, Case #: 1:20cv195, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. D’Agostino throws out a putative class consumer fraud and false advertising suit brought against the maker of Hikari-brand algea wafers, used as food for suckermouth catfish, which claimed the product’s box overstates the amount of algae when its primary ingredients are fishmeal and starches. The court finds, taken the product’s packaging as a whole, any reasonable consumer would not be misled into believing the product is predominantly or exclusively made of algae.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: August 18, 2023, Case #: 1:22cv504, NOS: Other Fraud - Torts - Personal Property, Categories: Class Action, False Advertising
J. Dancks rules on a total of seven motions in limine on a Fair Labor Standards unpaid overtime compensation lawsuit brought by the head of the women’s basketball team at Mohawk Valley Community College. Among the rulings, counsel for the community college is precluded from introducing at trial evidence regarding the former coach’s termination, while the litigant is precluded from presenting evidence detailing how much he earned in 2017 and 2018.
Court: USDC Northern District of New York, Judge: Dancks, Filed On: August 17, 2023, Case #: 6:18cv1268, NOS: Fair Labor Standards Act - Labor, Categories: Education, Discovery, Labor
J. Sannes preserves a wrongful death suit, along with additional cross-claims, that seek to hold a medical administration services provider liable for the death of an inmate who hanged herself in her cell at the Onondaga County Justice Center. The court finds the decedent’s estate sufficiently alleges the medical staff’s actions contributed to her death when they failed to perform adequate suicide, psychological or medical screenings upon her admission.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: August 14, 2023, Case #: 5:22cv1165, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Wrongful Death, Prisoners' Rights
J. Sannes dismisses on jurisdictional grounds an equitable relief and good faith and fairy dealing action brought against two subsidiaries of National Grid, an electricity and gas energy services provider, alleging it wrongfully deducted pass-through income tax charges from reimbursement payments made to two solar energy providers. The two litigants had sought restitution for the withheld amounts and a declaration that its payments were not subject to income tax liabilities, plus an order enjoining the National Grid from charging a tax gross-up added on renewable energy projects.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: August 11, 2023, Case #: 5:22cv1085, NOS: Other Statutory Actions - Other Suits, Categories: Energy, Tax
J. Hummel partially grants a consulting firm’s motion to compel and orders the defendant IT services company to produce both an index that will help the litigant better understand how responsive a package of emails is to the litigant’s discovery requests, as well as an affidavit from its cloud-based email services provider to corroborate its claims that there is no backup or archival record of previously deleted email accounts and associated emails after the litigant subpoenaed the California Highway Patrol and received documents that suggested the defendant was withholding relevant emails.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: August 9, 2023, Case #: 1:20cv508, NOS: Other Contract - Contract, Categories: Discovery, Contract, Technology
J. McAvot dismisses a certified surgical technician’s employment discrimination complaint alleging it revoked her religious exemption from its Covid-19 vaccine mandate and then fired her after she refused to get vaccinated. As per the Second Circuit’s findings in We the Patriots v. Hochul, an employer is not required to provide an accommodation if it creates an undue hardship, and such a decision does not violate state and federal religious rights laws.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: August 8, 2023, Case #: 5:22cv1153, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination
J. D’Agostino dismisses a Title VII employment discrimination complaint brought by a self-represented probationary custodial worker against the Syracuse Regional Airport in which he alleged he was subjected to a hostile work environment, disparate treatment and retaliation stemming from an altercation with a senior coworker who was assigned a preferred work shift. The court finds that the possible utterance of the “n-word” did not arise to a hostile work environment and there was no evidence to suggest the employer’s decision to terminate his employment due to his behavior was racially motivated.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: August 1, 2023, Case #: 5:20cv1566, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination