569 results for 'court:"USDC Eastern District of New York"'.
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
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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
J. Garaufis grants final approval to a $4 million settlement to resolve two consolidated class actions that claim a 3D printer manufacturer made false or misleading public statements, ultimately resulting in heavy investor losses. The court finds the settlement fair, adequate and reasonable. Additionally, the plaintiffs’ counsel are awarded approximately $1.32 million in attorney fees, which accounts for a third of the settlement award.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 4, 2024, Case #: 1:21cv1920, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Attorney Fees, Class Action
J. Matsumoto grants a New York City school teacher leave to file a second amended employment retaliation complaint against the city’s educational department, but denies his motion to file with what he proposes is his second amended complaint. The court finds that, while he proposes three claims for retaliation, only one claim regarding allegations that he was issued a negative performance review for filing complaints regarding discriminatory treatment resolved factual deficiencies cited by the court.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: January 3, 2024, Case #: 1:22cv3117, NOS: Employment - Civil Rights, Categories: Education, Employment Retaliation
J. Brodie grants summary judgment to the government agency tasked with preserving Fire Island’s seashore lands on claims that it violated a local grocery store operator’s rights under the Administrative Procedures Act. The store’s owner is contesting the agency’s decision to issue him a weekend-only driving permit to allow him to transport provisions through protected seashore lands when the local ferry is out of service due to inclement weather during the winter months. The court finds the agency’s decision, which was based on several factors including the existence of several other grocery stores on the island that help service the island’s inhabitants and workers during the week, was not arbitrary, illegal or capricious.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: January 3, 2024, Case #: 2:20cv6330, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Environment
J. Choudhury, ruling on a motion for reconsideration, finds the court did not err when it denied a rare coin and precious metals supplier’s motion for a temporary restraining order that sought to prohibit a competitor from soliciting its customers. The supplier fails to argue the competitor’s actions could not simply be compensable by money damages as established by legal precedent or that the competitor had obtained its customers’ information solely from its master customer list, not from other sources.
Court: USDC Eastern District of New York, Judge: Choudhury, Filed On: January 2, 2024, Case #: 2:23cv6529, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Restraining Order
J. Garaufis grants GEICO’s motion for a preliminary injunction and issues a stay on 43 separate pending arbitration proceedings filed by a group of health care providers whom the insurer alleges participated in a no-fault insurance fraud scheme. GEICO 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 2, 2024, Case #: 1:22cv7532, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Arbitration, Insurance, Racketeering
J. Mauskopf affirms a magistrate judge’s recommendation to dismiss an advocacy group for disabled people as a plaintiff in this disability discrimination and injunctive relief lawsuit. The complaint, brought on behalf of disabled adults, alleges New York’s Office for People with Developmental Disabilities failed to develop or initiate discharge plans to help them transition into integrated community settings following their 21st birthday or after the completion of their education. The court agrees with the magistrate judge’s conclusion that the group failed to establish either representational or associational standing.
Court: USDC Eastern District of New York, Judge: Mauskopf, Filed On: January 2, 2024, Case #: 1:17cv6965, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act
J. Mauskopf declines to reinstate a high school student’s Rehabilitation Act claim stemming from allegations that the American Chemical Society denied some agreed upon accommodations while he was participating in the United States National Chemistry Olympiad, which he claims impacted his performance. The student fails to establish clear and convincing evidence that the federally charted organization falsely claimed that it had not received federal assistance and was therefore not subject to a provision under the anti-discrimination law.
Court: USDC Eastern District of New York, Judge: Mauskopf, Filed On: December 28, 2023, Case #: 2:17cv2530, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act