240 results for 'court:"USDC Northern District of New York"'.
[Consolidated] J. Kahn denies in part a motion to dismiss two individuals' separate excessive force and failure to intervene claims brought against Ithaca city police officers stemming from their arrests for their involvement in a fist fight with a belligerent passerby in the city's downtown Commons shopping area. Both sufficiently allege the officers' use of force in their respective arrests was unreasonable.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: July 26, 2023, Case #: 3:22cv507, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Hurd preserves a white SUNY Albany student’s Title VI racial discrimination claim brought against the school, finding the student plausibly alleges the university discriminated against him on the basis that he is white after, pressured by local businesses and civil rights activists, it reversed its decision to fire the men’s basketball coach, who is Black, even though he had assaulted the student during an away game.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: July 20, 2023, Case #: 1:22cv1190, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Assault
J. Nardacci trims a former corrections officers’ civil rights complaint brought against Tioga County and its sheriff’s department alleging they suppressed his speech and forced him to retire after he publicly revealed his intent to run for county sheriff. The court dismisses his claims for municipal liability and all claims brought against the county sheriff’s department, while preserving his claims for First Amendment suppression and retaliation, due process violations as well as his claims for defamation.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: July 19, 2023, Case #: 3:22cv340, NOS: Other Civil Rights - Civil Rights, Categories: Defamation, First Amendment
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Scullin throws out a class action false advertising and consumer fraud lawsuit brought against Starbucks that claimed its French Roast ground coffee product was not actually 100% ground Arabica coffee because it contained added potassium. The court finds any reasonable consumer would assume the labeling simply refers to the type of coffee bean featured in the product and would not suggest a lack of additives.
Court: USDC Northern District of New York, Judge: Scullin, Filed On: July 12, 2023, Case #: 5:22cv1199, NOS: Other Fraud - Torts - Personal Property, Categories: Class Action
J. McAvoy finds in favor of State Farm on two insureds’ claims for denial of coverage of losses a fired caused to their rental property. The insurer was in its right to disclaim coverage after it was discovered during an investigation of the fire that the insured sent a letter to an individual and offered him $5,000 to set the property on fire and subsequently lied about the circumstances of the letter to insurance investigators.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: July 12, 2023, Case #: 5:21cv457, NOS: Insurance - Contract, Categories: Fraud, Insurance
J. D'Agostino enters judgment in favor of Tompkins County and its social services department on a former security guard’s employment discrimination and retaliation claims which alleged he suffered discrimination on the basis of his gender and age and received several disciplinary actions in retaliation for taking Family and Medical Leave Act leave as well as voicing concerns regarding workplace violence. The court finds he was not discriminated on any of the alleged bases he claims and further finds he was unable to connect his employer’s alleged retaliatory actions, including reassigning him to a later shift, with his reports of workplace violence or his requests for medical leave.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: July 11, 2023, Case #: 3:21cv1019, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Kahn dismisses an independent agricultural educator's Title IX erroneous outcome claim alleging the school district imposed improper disciplinary action on the basis of his gender after it wrongly concluded he had sexually harassed a female student during a lesson. While he has standing to bring claims under Title IX even though he is an independent contractor and has shown that the school district found no evidence or witness testimony to corroborate the alleged victim's accusations, he fails to allege gender was a motivating factor for the school's actions.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: June 30, 2023, Case #: 1:22cv1109, NOS: Education - Civil Rights, Categories: Education
J. Suddaby denies each parties' respective motions for summary judgment and preserves an individual's claims challenging various state health regulations on the basis that they violate federal law, arguing they deprive him of his right to choose to live in a transitional adult home because he suffers from a mental disability. The court finds genuine issues of material fact remain related to standing, as well as whether or not the benefits of the state's regulations outweigh any burdens the recipients may experience as a result.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: June 30, 2023, Case #: 1:17cv1005, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Health Care
J. enters default judgment against a supplier of promotional items on claims that it infringed the photography licenser's copyrighted photograph without its consent. The court orders the supplier to pay $23,976 in statutory damages and issues an injunctive prohibiting the supplier from further infringing on the licenser's copyrighted works.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: June 28, 2023, Case #: 1:22cv1270, NOS: Copyrights - Property Rights, Categories: Copyright
J. Lawrence enters default judgment against a meat supplier on a professional food industry photography company's copyright claims, finding the supplier willfully displayed the copyrighted photograph on its website without purchasing a yearly subscription to the company's service. The court awards the company $23,970 in statutory damages, plus $2,071 in attorney fees and $512 in costs. The court further issues a permanent injunction prohibiting the supplier from infringing on the company's copyrighted works.
Court: USDC Northern District of New York, Judge: Lawrence, Filed On: June 27, 2023, Case #: 1:22cv704, NOS: Copyrights - Property Rights, Categories: Copyright, Attorney Fees
J. D’Agostino dismisses a rental property owner’s federal due process, takings and denial of process claims brought against the City of Kingston, which allegedly condemned his rental property, a two-story house located in the city’s historic waterfront district, due to various violations related to the deterioration of the property’s front sidewalk, which he argues was caused by the city’s failure to manage the nearby stormwater runoff and even caused damaged to the property’s foundation. While his allegations regarding the property damage could be brought under a separate tort claim, he fails to allege a city statute, regulation or ordinance restricting use of his property. The court remands his remaining claims to state court.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: June 21, 2023, Case #: 1:22cv666, NOS: Other Civil Rights - Civil Rights, Categories: Property, Due Process
J. McAvoy rules on Syracuse University’s motion to dismiss a former student’s five-count Title IX gender discrimination lawsuit alleging the university discriminated against him on the basis of his gender when it found him guilty of sexually assaulting a female student and expelled him. The court dismisses his breach of contract and selective enforcement claims under Title IX and state law, while it preserves his Title IX gender-based erroneous outcome and state law breach of conduct claims, finding that he provided sufficient allegations that show the university acted with discriminatory intent when it sided with the female accuser over the male accused in an effort to refute public criticisms of how it handled claims of sexual abuse on its campus.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: June 21, 2023, Case #: 5:22cv644, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Contract
J. Hurd preserves the majority of claims asserted in a putative class action false advertising lawsuit brought against Colgate-Palmolive, the household consumer products manufacturer. The court finds the litigants sufficiently allege customers of its EltaMD-brand premium sunscreen products could be led to believe, from the products' front labeling to their respective store pages on Amazon, that zinc oxide was the sole active ingredient.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: June 15, 2023, Case #: 5:22cv1294, NOS: Other Fraud - Torts - Personal Property, Categories: Product Liability, Class Action, False Advertising
J. Suddaby preserves an employment-related lawsuit brought by the two female corrections officers against Warren County with claims for sex-based disparate treatment and retaliation. One officer was denied light duty work to accommodate her pregnancy, while the other was not offered permanent employment after she complained that she was being harassed by a coworker because she was pregnant. As to the first officer’s claims, based on admissible testimony, there exists a genuine dispute of material fact as to whether other officers were provided similar accommodations. As to the second, there remains a dispute as to the veracity of the county’s claim that she was fired for failing to conduct a contraband search of an inmate’s cell.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: June 13, 2023, Case #: 1:19cv1061, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Hurd dismisses a property developer’s suit with claims for due process violations against a small town in Upstate New York alleging its zoning board wrongfully revoked its permit to redevelop a deserted resort property after local residents mounted a successful campaign to stall the development. In regards to the merits of their claims, the court finds the failed to obtain approvals by the state Department of Environmental Conservation as conditioned under their special use permit.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: June 9, 2023, Case #: 1:22cv1306, NOS: Other Statutory Actions - Other Suits, Categories: Zoning, Due Process
J. Sannes preserves claims for contribution, breach of contract and violations of various federal and state housing and discrimination laws brought by a group of 28 senior housing complexes against an architectural firm alleging they failed to provide architectural plans for housing renovations that were complaint with the federal housing regulations. The court finds the owners’ claims are not preempted or barred by the Fair Housing Act and that they have standing to bring claims that were assigned to them by a group of Fair Housing organizations who had filed a previous complaint stemming from the housing violations.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: June 7, 2023, Case #: 5:22cv278, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Construction, Housing
J. Sharpe grants in part a motion to dismiss and trims down a Greene County resident’s civil rights action with claims stemming from two altercations he had with local sheriffs, including false arrest and imprisonment, unlawful search and seizure and failure to intervene. The only claim to survive the partial motion was a single claim for unlawful search and seizure under state law asserted against the county, finding under circuit court precedent there is no adequate alternative remedy pursuant to federal law for his claim.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: June 7, 2023, Case #: 1:22cv276, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct