251 results for 'court:"USDC Northern District of New York"'.
J. Sannes preserves claims for failure to intervene against two Syracuse police officers stemming from the alleged used of excessive force during the arrest of two local residents, finding material disputes remain as to whether either officer had the opportunity to intervene during the incident. The court however enters judgment in favor of one of the officers on failure to intervene and excessive force claims for actions that took place while transporting the litigants in an ambulance to a local hospital following the arrest, finding he was not involved in any use of force during that time.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: April 24, 2024, Case #: 5:19cv995, NOS: Other Civil Rights - Civil Rights, Categories: Energy, Tort, Police Misconduct
J. Hurd partially denies Hamilton College’s motion for summary judgment and preserves a male college student’s Title IX and breach of contract claims alleging the college’s decision to expel him on charges of sexual assault was motivated by anti-male bias. The court finds a jury could conclude the college exhibited gender bias due to several irregularities in his hearing, as well as external pressures from the U.S. Department of Education to aggressively pursue complaints of sexual misconduct.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: April 18, 2024, Case #: 6:22cv214, NOS: Other Contract - Contract, Categories: Education
J. Kahn preserves a high school student’s equal protection claim against his school’s varsity baseball coach, who allegedly denied him a spot on the team on the basis that he is biracial. The litigant, in an attempt to establish an inference of discrimination, proffered a selection of white players who were selected for the team despite lower athletic scores, but the court is unable to conclude whether those players are sufficiently comparable and leaves that question to a jury. The court dismisses the district’s superintendent and athletics director from the case, finding they were not personally involved in the decision not to select him for the team.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: April 17, 2024, Case #: 1:22cv756, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Equal Protection
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J. Kahn declines to dismiss on jurisdictional grounds a breach of contract complaint against a California-based security services company, who was sued by a consultant for allegedly failing to pay him his 5% commission fee for helping with the sale of its company. The company waived its right to challenge the consultancy agreement’s forum selection clause designating New York courts as the preferred venue.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: April 11, 2024, Case #: 1:23cv1408, NOS: Other Contract - Contract, Categories: Jurisdiction, Venue, Contract
J. Nardacci denies in part a motion for summary judgment in a wrongful death medical malpractice suit against a federally funded healthcare provider, finding the family estate’s expert witness, a cardiologist, is qualified to provide testimony regarding the decedent’s cause of death. The decedent died from a heart attack brought on by a rare heart condition shortly after he was taken off Clozaril, a medication to treat his mental health condition. However, three of the four healthcare personnel named in the suit are dismissed due to a lack of expert testimony implicating them in decedent’s death.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 29, 2024, Case #: 1:20cv574, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Experts, Wrongful Death, Medical Malpractice
J. Nardacci grants summary judgment to a nursing home facility on a late father’s estate’s negligence and substantive due process claims stemming from the man’s death while under the facility’s care and supervision, but preserves its claims for medical malpractice and federal and state public health law violations for trial. The court rejects the nursing home’s contentions that there is no private right of action against nursing homes under the Federal Nursing Home Reform Act or that it cannot be held liable for the decedent’s injuries.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 29, 2024, Case #: 1:19cv604, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Due Process, Medical Malpractice
J. Scullin enters judgment in favor of a local Honda dealership on a female accountant’s disability discrimination claims while preserving her claims for sex-based hostile work environment, retaliation and punitive damages, finding a reasonable jury could conclude she was subjected to sexual harassment in the workplace, her employer was put on notice regarding the behavior and her termination was in retaliation for those complaints.
Court: USDC Northern District of New York, Judge: Scullin, Filed On: March 28, 2024, Case #: 6:21cv43, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Kahn dismisses a health care provider and various union officials from an employment discrimination and wrongful termination complaint brought by a self-represented hospital employee, who alleges he was denied accommodations for an unspecified disability and was the target of a conspiracy to terminate his employment because he is a practicing Muslim. Many of his claims lack a private right of action or cannot be brought against private individuals, and he fails to list his union as a defendant or identify a disability he reportedly suffers from. The rest of his claims lack any substantive detail to survive dismissal. The court further orders him to prove service was made on the 10 remaining individual defendants or the remainder of his claims will be dismissed.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 28, 2024, Case #: 1:23cv264, NOS: Labor/Management Relations - Labor, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. D’Agostino denies summary judgment to two Colonie police officers on claims that they used excessive force to arrest an individual suspected of shoplifting at a local Target, which caused him to suffer a broken arm. The parties disagree over whether the suspect, after fleeing from the scene, voluntarily laid down on the ground in the parking lot to be arrested or whether he accidentally fell and had to be physically restrained.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 26, 2024, Case #: 1:20cv151, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Police Misconduct
J. Suddaby enters judgment against a Kingston, New York, resident on his remaining false arrest and false imprisonment claims stemming from a physical altercation with his daughter’s boyfriend and dismisses the case. The court finds the remaining defendant, a SWAT team member with the local police force, had probable cause to arrest the resident based on conflicting testimony regarding the accidental discharge of a rifle during the scuffle and is also entitled to qualified immunity.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: March 26, 2024, Case #: 1:20cv104, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Kahn denies in part summary judgment to a New York County sheriff’s department and preserves claims alleging it discriminated against a disabled Black and Puerto Rican corrections officers when it arrested, charged and issued disciplinary charges against her after discovering she had brought her personal cellphone into the county prison, which the prison considers contraband. The court finds a jury could conclude that because a white, non-disabled cook who violated the same policy was not reprimanded to the same degree, a jury could find the prison acted with discriminatory intent. However, her claim for malicious prosecution was dismissed because the prison had reasonable cause to arrest and charge her.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 22, 2024, Case #: 1:18cv941, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Equal Protection, Employment Discrimination
J. Suddaby rules on a motion for summary judgment and preserves a claim for discrimination based on disparate pay, plus two claims for retaliation against a Cornell University nonprofit. The litigant, a female safety officer, sufficiently alleges her employer paid herself and other women less than their male counterparts. She also adequately alleges the employer demoted her and delayed in paying her accrued leave payments, thus causing her to suffer a loss in Social Security benefits, because she filed a charge of discrimination with the EEOC.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: March 22, 2024, Case #: 3:23cv446, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Hurd preserves an employment discrimination, retaliation and quid pro quo sexual harassment case against a Hudson Valley-based healthcare provider. The litigant alleges the company’s owner touched her inappropriately throughout her employment and ultimately fired her after she denied his advances. Though many of the acts that she alleges under her claim for hostile work environment occurred prior to 2018, the court finds the continuing violation doctrine applies. However, claims filed by the litigant’s daughter, alleging she also suffered sex discrimination and retaliation, are dismissed.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: March 20, 2024, Case #: 1:22cv1184, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. D’Agostino dismisses with prejudice an employment discrimination and retaliation complaint brought against Hamilton College by a university professor, who says he was targeted for being a Black immigrant from the Democratic Republic of the Congo. Many of his allegations involve actions that occurred prior to 2018, including the university’s decision not to appoint him to chair of the French and Franco Studies Department in 2012, which the court finds are untimely.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 20, 2024, Case #: 6:22cv1395, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Sannes declines to issue a temporary restraining order which would prohibit a healthcare provider from soliciting clinicians from an anesthesia management company following the litigant’s decision to terminate their agreement for anesthesia services. The court finds the the company’s allegations that patient care will be impacted speculative and conclusory, and further finds any potential losses could be remedied with money damages.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: March 19, 2024, Case #: 5:24cv276, NOS: Antitrust - Other Suits, Categories: Health Care, Restraining Order
J. Sannes rules in favor of Amazon on a patent infringement lawsuit alleging the technology in its Alexa voice-assistant devices infringe on Rensselaer Polytechnic Institute’s natural language processing technology, finding the school’s patent invalid on the basis that the underlying technology contain no inventive concept and is therefore not eligible for patent protection.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: March 18, 2024, Case #: 1:18cv549, NOS: Patent - Property Rights, Categories: Patent, Technology