271 results for 'court:"USDC New Jersey"'.
J. Farbiarz rules against a mechanic in claims contending he was injured in a fire that began at an auto repair shop due to oil in a drip pan because evidence did not indicate that placing the drip pan under the car or pushing the pan would have caused the fire, and the shop owner had simply panicked when he poured windshield wiper fluid on the mechanic to douse the flames.
Court: USDC New Jersey, Judge: Farbiarz , Filed On: May 2, 2024, Case #: 2:21cv17366, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Singh grants a motion to file a third amended complaint in claims alleging police harassed plaintiff, a Black man who lives in Pennsylvania, whenever he drove into New Jersey, and claims contending police interrogated his mother, because details about additional police officers came to light during discovery, and the pleading would not be barred by any statute of limitations.
Court: USDC New Jersey, Judge: Singh, Filed On: May 1, 2024, Case #: 3:19cv21164, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Discovery
J. Bumb finds for a law firm in claims contending a paralegal had been treated differently than younger employees and laid off due to a reduction-in-force because evidence indicated the paralegal entered an associate's office and took a file without permission, and that she had worked remotely without permission. Meanwhile, she failed to present evidence of racial discrimination, that she had applied for positions that had been filled by other employees, or that she had been replaced by a younger worker after being laid off.
Court: USDC New Jersey, Judge: Bumb , Filed On: April 30, 2024, Case #: 1:15cv8083, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Castner transfers this case, in which a laboratory claims that health care organizations failed to pay for completed test orders including Covid-19 tests. The health care organizations are based in Texas and, while federal jurisdiction is appropriate, the New Jersey district court lacks personal jurisdiction. The case is transferred to the Southern District of Texas.
Court: USDC New Jersey, Judge: Castner, Filed On: April 30, 2024, Case #: 4:24cv1642, NOS: Other Contract - Contract, Categories: Health Care, Jurisdiction, Contract
J. Kugler allows plaintiff to continue claims challenging an insurer's decision to lower the actual cash value for a vehicle involved in an accident because the appraisal report listed a price higher than the amount the insured received for the vehicle.
Court: USDC New Jersey, Judge: Kugler , Filed On: April 26, 2024, Case #: 1:22cv6228, NOS: Insurance - Contract, Categories: Insurance
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J. O'Hearn finds for an armored car company accused of firing a service technician for seeking accommodations for a brain tumor that caused him to fall asleep at work because the record indicates the technician was fired for violating the company's open-door and personal device policies during a robbery, and that the company had not exhibited a pattern of animus or antagonism prior to his termination.
Court: USDC New Jersey, Judge: O'Hearn , Filed On: April 26, 2024, Case #: 1:22cv1028, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Kugler dismisses counterclaims seeking a temporary restraining order to force Shark Tank contestants to take down social media posts because the contestants did not violate any part of a 2019 settlement, and the court already held that the parties had not invoked their audit rights under the settlement.
Court: USDC New Jersey, Judge: Kugler , Filed On: April 23, 2024, Case #: 1:23cv2967, NOS: Other Contract - Contract, Categories: Settlements, Contract
J. Pascal allows insurers to file an amended answer in an action contending total loss claims stemming from car collisions had been undervalued because the counterclaims are based on new sets of facts and plausibly allege one of the drivers had not entered a valid contract with an insurer.
Court: USDC New Jersey, Judge: Pascal , Filed On: April 15, 2024, Case #: 1:21cv20510, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Bumb dismisses claims contending a wealth manager failed to pay a temporary employee for corporate branding and marketing services because the employee failed to demonstrate the wealth manager's Delaware-based activities purposefully targeted New Jersey or that the wealth manager knew the employee resided in that state at the time of his alleged contract.
Court: USDC New Jersey, Judge: Bumb , Filed On: April 9, 2024, Case #: 1:23cv4352, NOS: Other Contract - Contract, Categories: Employment, Jurisdiction, Contract
J. Kirsch allows a company to continue claims contending manufacturers failed to deliver vinyl gloves and refused to return the deposit because the broker knew the manufacturer misrepresented that the company's deposit was guaranteed by a bank letter.
Court: USDC New Jersey, Judge: Kirsch , Filed On: April 8, 2024, Case #: 3:22cv6120, NOS: Other Contract - Contract, Categories: Contract
J. Waldor rules partially in favor of the supermarket, which allegedly failed to pay the employees overtime. The employees have plausibly challenged the accuracy of payroll records showing they were not properly compensated, and there is conflicting evidence supporting the company's request to establish a method of computing the overtime rates.
Court: USDC New Jersey, Judge: Waldor , Filed On: April 3, 2024, Case #: 2:18cv10486, NOS: Fair Labor Standards Act - Labor, Categories: Employment
J. Farbiarz rules in part for a hotel franchisor in claims contending the hotel owner terminated the franchise agreement without paying certain fees because evidence does not indicate the agreement included false promises or that the owner was fraudulently induced to enter the contract. Meanwhile, the agreement was set to run until 2036, and the franchisor is now out the recurring fees through that period.
Court: USDC New Jersey, Judge: Farbiarz, Filed On: March 28, 2024, Case #: 2:21cv11557, NOS: Franchise - Contract, Categories: Contract
J. O'Hearn allows plaintiff to continue claims contending a sales representative for a solar company failed to disclose a financing agreement in relation to solar panel installation because the purported "welcome call" recording has not been authenticated. However, evidence does not support identity theft claims, and that the company sent documents to the wrong email address did not indicate an effort to commit fraud and forgery.
Court: USDC New Jersey, Judge: O'Hearn , Filed On: March 28, 2024, Case #: 1:23cv2623, NOS: Consumer Credit - Other Suits, Categories: Fraud, Consumer Law
J. Kugler allows plaintiff to continue claims contending an insurer wrongfully denied coverage for a number of lawsuits related to an alleged Ponzi scheme because some of the alleged wrongful acts likely occurred before the "run-off" period contained in the policies. However, whether excess policies should have been applied remains unclear.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 28, 2024, Case #: 1:23cv1951, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Kugler allows plaintiffs to continue certain claims contending that in-vehicle infotainment systems failed to provide "seamless navigation" or "extra safety" as advertised. The drivers hail from six different states, and choice-of-venue determinations could directly impact the certifiability of the proposed class action. Meanwhile, plaintiffs sufficiently alleged under state law that they had been sold defective software systems without their knowledge.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 26, 2024, Case #: 1:23cv1897, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Unfair Competition, Choice Of Law, False Advertising
J. Hammer dismisses a class action alleging the debt collector attempted to collect debts without being properly licensed and by using threatening tactics. None of the language of the collection letters could be interpreted as threatening or harassing, the complaint mentions no expenses or actions taken as a result of the letters, and the borrower does not propose he was confused by letters as to the amount allegedly owed.
Court: USDC New Jersey, Judge: Hammer , Filed On: March 21, 2024, Case #: 2:18cv2388, NOS: Consumer Credit - Other Suits, Categories: Debt Collection
J. Bumb remands to state court a complaint alleging that the law firm and real estate holding company wrongfully failed to provide the attorney with retirement benefits after firing her. The retirement plan fell outside ERISA because there is no information on the procedures for obtaining the post-retirement income, nor information on how to challenge the decision to deny benefits. Further, there is no evidence the attorney fraudulently joined the partner or the law firm in the underlying whistleblower claim to avoid remand.
Court: USDC New Jersey, Judge: Bumb, Filed On: March 20, 2024, Case #: 1:23cv4224, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Jurisdiction
J. Kugler dismisses most of the claims in a complaint alleging that the insurer wrongfully failed to pay disability benefits. There is no evidence the insurer acted in bad faith, and any losses that resulted from the denial of the claim are best evaluated in the breach of contract claim.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 18, 2024, Case #: 1:23cv2493, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Bumb rules in favor of the insurer, which allegedly denied excess property damage claims after the policyholder's living room floor separated from a wall. The damage was found to have been caused by termites and standing water and the policy specifically excludes coverage for loss involving collapse caused by water.
Court: USDC New Jersey, Judge: Bumb , Filed On: March 18, 2024, Case #: 1:22cv2151, NOS: Insurance - Contract, Categories: Insurance