559 results for 'court:"USDC Eastern District of New York"'.
J. Seybert approves in full a magistrate judge’s report and recommendation and tosses a teacher’s putative class action with claims for fraud, unpaid wages, deceptive business practices and retaliation against an online teaching platform. He alleges the platform engaged in fraud by enticing him to provide English language instruction to students living in China in order to obtain his biometric data for use in its AI technology without his knowledge or consent. The teacher’s claims against the online teaching platform are bound by his arbitration agreement and all other claims against affiliated entities are dismissed for lack of jurisdiction.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: January 25, 2024, Case #: 2:20cv6370, NOS: Other Labor Litigation - Labor, Categories: Class Action, Employment Retaliation, Labor
J. Morrison awards litigant counsel $176,132 in attorney fees and expenses after its client, a female former real estate agent, prevailed on her employment retaliation claim at trial and was awarded $787,000 in damages. The court finds the requested hourly rates and number of hours performed were, for the most part, reasonable, applying only a slight reduction to the hourly rates for one of the team’s associates.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: January 23, 2024, Case #: 2:18cv1390, NOS: Employment - Civil Rights, Categories: Attorney Fees, Employment Retaliation
J. Azrack grants preliminary approval to a class action settlement to resolve claims that a home health care provider failed to protect its patients’ digital personal and private healthcare information, which were stolen in a data breach. The court finds the settlement fair, reasonable and adequate and in compliance with judicial requirements. The court subsequently modifies the approval and orders litigant counsel to file a supplemental motion for attorney fees, costs, expenses and a service award 21 days before the final approval hearing.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: January 22, 2024, Case #: 2:21cv2061, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Health Care, Settlements, Class Action
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J. Garaufis preserves a single claim for negligence in a civil lawsuit brought against St. Mary’s Roman Catholic Church in Brooklyn that alleges an adult woman was sexually abused by one of its priests for six years, starting when she was 10 years old. She plausibly alleges the church failed in its duties to ensure her safety while she was in their custody, failed to inform her parents of the abuse and further failed to anticipate the priest’s actions and create or enforce procedures in order to protect her.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 19, 2024, Case #: 1:21cv4920, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Assault
J. Gonzalez tosses out an employment retaliation complaint that alleges a construction materials supply company fired one of its bookkeepers after she informed it that it was legally obligated under the Uniformed Services Employment and Reemployment Rights Act to rehire an employee who had recently served in the U.S. Army. She fails to provide any detail beyond conclusory allegations that would suggest her termination was in retaliation for comments she had made 18 months prior.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: January 19, 2024, Case #: 2:22cv7685, NOS: Employment - Civil Rights, Categories: Employment Retaliation
J. Kovner enters judgment in favor of the New York Police Department and a group of detectives on claims of false arrest, malicious prosecution and First Amendment retaliation stemming from criminal charges filed against a former officer for allegedly sexually abusing a 12-year-old girl. The court finds probable cause for the former officer’s arrest was sufficiently established following credible testimony provided by the alleged victim. The litigant also fails to provide enough evidence that would lead a jury to conclude that he was fired from the force after he filed a complaint with the city’s comptroller’s office and conducted an interview with a reporter.
Court: USDC Eastern District of New York, Judge: Koyner, Filed On: January 18, 2024, Case #: 1:21cv6133, NOS: Other Civil Rights - Civil Rights, Categories: Employment Retaliation, First Amendment, Police Misconduct
J. Merchant tosses a class action lawsuit alleging a lithium refiner made false or misleading statements in connection with a troubled mining project located in North Carolina. The project involved extracting spodumene, which would then be converted into lithium hydroxide for use in electric vehicles. However, the company’s stock price suffered a 20% drop after a Reuters article cited issues with the project, including its failure to obtain the necessary zoning permits from the local government. The litigant’s claims fail to establish scienter.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: January 18, 2024, Case #: 1:21cv4161, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Energy, Securities, Class Action
[Consolidated.] J. Chen approves $3.16 million in attorney fees, plus $138,000 in costs, to counsel representing consumers in two putative class actions that alleged the maker of Cottonelle wipes falsely advertised the products as “flushable” The court previously approved a $20 million award to settle the two actions. The court further awards $10,000 and $5,000 to each class representative.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: January 17, 2024, Case #: 1:14cv1142, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Attorney Fees, Class Action
[Consolidated.] J. Dunst grants a motion to disqualify litigant counsel in two unpaid wages lawsuits. Attorneys for the counsel’s law firm, prior to becoming counsel for the plaintiff in the two cases, had several communications with the defendant, a nail salon located in Queens, regarding possible representation in which the defendant’s owner provided substantive information, which the court concludes could be detrimental to their defense.
Court: USDC Eastern District of New York, Judge: Dunst, Filed On: January 17, 2024, Case #: 2:21cv6658, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Attorney Discipline, Labor
J. Ross dismisses a complaint brought by two property developers that alleges officials for an Eastern Long Island township withheld the release of two performance bonds in connection with two separate housing developments until certain tasks not originally included in the bonds were completed. The court finds applicable town and state law grant the township a great deal of discretion over whether to release a developer from a performance bond, and the developers are not entitled to the release of their bonds.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: January 17, 2024, Case #: 2:22cv7834, NOS: Other Statutory Actions - Other Suits, Categories: Construction, Property, Zoning
J. Merkl orders counsel for former New York Governor Andrew Cuomo and an unnamed female New York state trooper to proceed with discovery under heightened judicial oversight in an attempt to resolve contentious discovery proceedings. In this case the litigant, who alleges the former governor sexually harassed her and other state employees, received over 48 subpoenas from the former governor, which the court finds is an attempt to uncover material that could impeach the litigant and several non-party state employees. Discovery will be subject to a series of limitations and will proceed in stages, with documentary discovery taking place followed by depositions.
Court: USDC Eastern District of New York, Judge: Merkl, Filed On: January 16, 2024, Case #: 1:22cv893, NOS: Employment - Civil Rights, Categories: Civil Rights, Tort, Discovery
J. Donnelly denies a fourth petition to return a seven-year-old Italian boy who suffers from post traumatic stress disorder back to his home country of Italy. The court had previously approved the petition under the expectation that he would live with his mother. However, the mother unexpectedly died, putting the plans in disarray. Without a concrete determination on where the boy would live or with whom, along with the possibility that he may even be placed in an institutional setting while an Italian court decides the custody issues, the court finds he would be subject to grave risk of psychological harm and denies the petition.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: January 14, 2024, Case #: 1:18cv5292, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law
J. Gonzalez finds in favor of a Long Island school district on claims that it denied a school psychiatrist’s requests for exemptions from its Covid-19 mandate for religious reasons, finding her request to work remotely or to be exempt from its test-or-vaccination requirement would have placed an undue hardship on the district. As well, her claims that the school violated her rights under the Genetic Information Nondiscrimination Act when it requested information regarding her and her family’s vaccination history were without merit.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: January 12, 2024, Case #: 2:22cv1569, NOS: Employment - Civil Rights, Categories: Employment, Covid-19
J. Wicks grants a motion in limine and excludes two exhibits from an upcoming trial for a employment discrimination lawsuit brought against New York state’s child and family services department. The exhibits consist of prior employment discrimination and retaliation lawsuits that were brought against the department and its commissioner, to help bolster the litigant’s claims, but, while each prior complaint has some probative value, the court finds they are outweighed by the unfair prejudice it would place on the defendant and excludes them from trial.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: January 11, 2024, Case #: 2:18cv7212, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Choudhury affirms a magistrate judge’s order compelling the depositions of two New York State public health commissioners in a class action alleging the state’s health department and mental health office fail to provide certain mental health services to Medicaid-eligible children. The judge granted the motion after ruling the commissioners possess unique, firsthand knowledge regarding the claims and that information cannot be obtained through other means. The court finds the ruling without any clear error.
Court: USDC Eastern District of New York, Judge: Choudhury, Filed On: January 11, 2024, Case #: 2:22cv1791, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Medicaid, Class Action
J. Garaufus certifies a statewide putative class action lawsuit filed on behalf of debit card users that alleges American Express’s non-discrimination provisions, which prevent merchants from disclosing certain information regarding its point-of-sale agreements including how much it pays to each payment network, places an unlawful restraint on trade. The litigants in this case, who do not have or use Amex credit cards, argue they are in effect subsidizing Amex cardholders’ transactions as a result of the provision. The court, however, declines to certify a second statewide class for credit card holders, finding the litigants fail to allege injuries related to credit card rewards.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 9, 2024, Case #: 1:19cv566, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Gonzalez rules JPMorgan Chase cannot be held not liable for a customer’s losses when it effectuated two wire transfers, totaling $350,000, to two accounts which were later discovered to be a part of a fraudulent cryptocurrency scheme. The claims are precluded by the wire transfer agreements, and the bank was under no obligation to recover the losses.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: January 9, 2024, Case #: 1:22cv7676, NOS: All Other Real Property - Real Property, Categories: Fraud, Banking / Lending
J. Choudhury affirms a magistrate judge’s order granting a female litigant’s motion to strike a report submitted by the defense’s expert in connection with her employment-related pregnancy discrimination and retaliation complaint against ADP, a payroll services company. The report compiled a list of more than 34,000 relevant job postings which her former employer was going to use to argue she failed to mitigate her losses after she was fired. The court agrees with the judge’s order finding the report qualifies as expert discovery and would need to be properly addressed by litigant’s counsel despite the fact that discovery in the case has already ended.
Court: USDC Eastern District of New York, Judge: Choudhury, Filed On: January 9, 2024, Case #: 2:21cv1502, NOS: Employment - Civil Rights, Categories: Employment, Discovery
J. Marutollo extends discovery proceedings by an additional 60 days to allow a wholesale medications distributor to cure any prejudices it might suffer after Gilead, a large biopharmaceutical company, submitted a list of possible witnesses only two weeks before the end of discovery. Gilead claim’s stem from the sale of adulterated bottles of BIKTARVY, a medication to treat HIV.
Court: USDC Eastern District of New York, Judge: Marutollo, Filed On: January 8, 2024, Case #: 1:21cv4106, NOS: Trademark - Property Rights, Categories: Health Care, Discovery
J. Garaufis grants Allstate's motion for a preliminary injunction and issues a stay on 40 separate pending arbitration proceedings filed by a group of health care providers whom the insurer alleges participated in a no-fault insurance fraud scheme. The insurer successfully argues that, without a stay, the proceedings could result in dozens of inconsistent awards and ultimately make it difficulty to obtain a favorable ruling on its claim for declaratory relief, which seeks a declaration that the providers have no right to receive reimbursement for any unpaid bills they submitted previously.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 8, 2024, Case #: 1:23cv6572, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Insurance, Injunction
J. Ross, ruling on summary judgment, preserves a female office assistant’s employment retaliation claim that alleges the commissioner for town of Hempstead’s general services department transferred her to a different, less desirable department after she reported him for sexual harassment. Disputes remain as to whether the transfer constituted an adverse employment action and whether or not her decision to accept the transfer was voluntary. The court, however, finds in favor of the department on her quid pro quo sexual harassment claim that claims the commissioner acted to prevent her promotion after she rejected his dinner invitation, finding the commissioner had no authority to approve or deny a promotion.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: January 8, 2024, Case #: 2:21cv964, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Retaliation