32 results for 'judge:"Brodie"'.
J. Brodie trims a corporate director’s employment discrimination complaint that alleges she was fired because she took a medical leave of absence to treat the effects of a traumatic brain injury she suffered in a car accident in 2019, which she claims affects her ability to concentrate. Her federal disability discrimination claims are dismissed because she fails to demonstrate she was disabled, but her claims for disability discrimination under state law and retaliation under the ADA and the FMLA are allowed to proceed.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 12, 2024, Case #: 2:23cv4060, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Brodie dismisses all three federal racketeering claims asserted in a lawsuit brought by a Brooklyn radiologist who claims the defendants, business associates who agreed to perform the managerial work for his diagnostic radiology practice, conspired to steal more than $50,000 from an escrow fund he created to hold the profits he made from his services. The court finds the complaint fails to allege a pattern of racketeering activity sufficient enough to preserve the claims for trial. The court subsequently declines to exercise jurisdiction over his state law claims and dismisses the complaint.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 3, 2024, Case #: 1:23cv5549, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Health Care, Racketeering
J. Brodie declines to decertify an antitrust and consumer protection class action lawsuit against Visa and Mastercard, which alleges they conspired to adopt the Europay, Mastercard & Visa chip-enabled credit card payment system in order to shift billions of dollars of liability for fraudulent chargebacks onto the merchants themselves. The court finds an expert’s rebuttal, which presented a theory of liability regarding small and medium sized merchants, fails to justify decertification.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: August 27, 2024, Case #: 1:17cv2738, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts, Class Action
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J. Brodie affirms a magistrate judge’s order denying a motion to reopen discovery in a lawsuit that alleges a $13.75 million new home construction in Eastern Long Island suffered from various building defects. The general contractor wants to subpoena the window manufacturer in order to determine whether the windows installed in the home were hurricane resistant. The court finds reopening discovery would prejudice the homeowners, the information was foreseeable and that defendants were not diligent during discovery and the information sought will most likely not provide any new facts related to their claims.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: August 26, 2024, Case #: 2:19cv4172, NOS: Other Contract - Contract, Categories: Construction, Discovery, Contract
J. Brodie preserves a fashion design company’s counterclaims against Adidas America for defamation, finding statements made by a company executive — who said its designer “went rogue” after a planned project was scrapped and a promotional video the two companies produced collaboratively was not approved by the company — were not statements of opinion and not substantially true the time they were made. However, the complaint fails to allege actual malice; thus their claims for punitive damages are dismissed. The court lastly reserves judgment on claims for nominal damages until trial.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: August 22, 2024, Case #: 1:15cv6360, NOS: Other Contract - Contract, Categories: Damages, Defamation
J. Brodie issues an extensive, 102-page ruling granting, in part, partial summary judgment to a cabaret operator which claims a Long Island township wrongfully denied their permit applications for a cabaret lounge. The court finds a provision in the town’s zoning laws gives too much discretion to town officials when deciding whether to grant special use permits to cabarets, amounting to an unconstitutional prior restraint. The court severs the provision from the town’s special use regulations. It also partially grants the town’s cross-motion for summary judgment, ruling in their favor on claims for taking and equal protection, while preserving claims that seek to hold it liable for free speech violations.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: August 16, 2024, Case #: 2:14cv4951, NOS: Other Civil Rights - Civil Rights, Categories: Zoning, First Amendment
J. Brodie finds claims brought by a New Jersey medical services provider seeking $786,519 in unpaid medical bills apply retroactively under a 2019 amendment to New York’s Workers Compensation Law, which grants out-of-state medical providers the ability to file claims for unpaid insurance benefits with the state’s Workers’ Compensation Board. The court subsequently grants Liberty Mutual’s motion to stay and refers the case to the board to resolve the disputes underpinning the claims.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: August 15, 2024, Case #: 2:23cv7462, NOS: Insurance - Contract, Categories: Insurance, Workers' Compensation
J. Brodie grants American Express’s motion to compel arbitration in an antitrust and consumer protection class action lawsuit while at the same time denies Discover’s own motion to compel arbitration. The case was brought by a group of merchants who claim the major credit card companies conspired to adopt the Europay, Mastercard & Visa chip-enabled credit card payment system, allegedly shifting billions of dollars of liability for fraudulent chargebacks onto the merchants themselves. Amex successfully argues the merchants’ claims are subject to arbitration in their card acceptance agreements.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: August 14, 2024, Case #: 1:17cv2738, NOS: Antitrust - Other Suits, Categories: Antitrust, Arbitration
J. Brodie finds a Filipino information specialist’s state law claims against her employer, a Brooklyn-based health care provider, for harassment, tortious interference and negligent supervision are both time-barred and preempted by federal labor management law and dismisses those claims. The court further declines to exercise jurisdiction over her remaining state law claims.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: July 26, 2024, Case #: 1:23cv39448, NOS: Labor/Management Relations - Labor, Categories: Employment, Interference With Contract, Labor
J. Brodie dismisses the consumer's class action alleging that Dr. Pepper mislabeled some of its juice drink products as "all natural" when they actually contained per- and polyfluoroalkyl substances (PFAS), a category of synthetic, man-made chemicals. The consumer does not plausibly allege that he bought and consumed products that contained PFAS, because his complaint does not allege that the independent testing was performed near the time when he actually purchased the products.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: July 16, 2024, Case #: 2:22cv5557, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Brodie recommends that the Judicial Panel of Multidistrict Litigation remand a putative class action against Apple, Visa and Mastercard for antitrust violations related to the Apple Pay digital payment platform to the Southern District of Illinois, where the case was originally filed. The court finds transfer would promote convenience to all parties involved and allow the case to be more effectively prosecuted.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: July 1, 2024, Case #: 1:24cv4053, NOS: Antitrust - Other Suits, Categories: Antitrust, Venue
J. Brodie mostly dismisses a civil rights suit brought by two former employees against Mt. Sinai Hospital and related parties after the employees said their requests seeking religious exemptions from Covid-19 vaccinations were unfairly denied. While the employees have raised the plausible case that the hospital failed to accommodate their religious beliefs, the hospital conversely showed that accommodating the employees would have created “undue hardship” for the hospital given state vaccination requirements — though the employees can amend their case to clarify their Title VII claims.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: June 26, 2024, Case #: 1:23cv3091, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care
J. Brodie issues a suggestion of remand to the Judicial Court for Multidistrict Litigation, recommending the transfer of GrubHub’s multi-district antitrust case against Visa and Mastercard regarding interchange fees to the USDC Northern District of Illinois. The court finds pretrial proceedings have concluded; thus GrubHub is entitled to remand its case to a venue that will allow them to proceed on their claims for damages.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: June 25, 2024, Case #: 1:19cv6555, NOS: Antitrust - Other Suits, Categories: Antitrust, Venue
J. Brodie grants a motion to enforce a settlement agreement to resolve class action antitrust claims against Visa, Mastercard and various banking institutions regarding payment card interchange fees and merchant discounts. Two payment processors, Square and Intuit, are not members of the settlement class, and the sellers themselves accepted payment cards as the term is defined in the class action settlement.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: June 3, 2024, Case #: 1:21cv1175, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Brodie enters default judgment against a pension fund plan sponsor, the CEO of a company that recycles metal from catalytic converters, on ERISA claims brought by a federally-chartered pension fund administrator. The CEO violated his fiduciary duty when he made several unauthorized transfers, totaling $29,000, to a relative, who was neither a beneficiary of the pension fund nor had performed work in connection with the plan.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: May 30, 2024, Case #: 2:23cv6979, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa
J. Brodie rules on a series of expert and evidence-related motions in a negligence case against American Airlines, who was sued by a passenger alleging she was sexually assaulted by a drunk passenger during a flight from Phoenix to New York. Notably, the court allows evidence related to the litigant’s history of sexual abuse and assault to be presented at trial, but only for the purposes of identifying sources of prior trauma or apportionment of damages.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: March 20, 2024, Case #: 1:18cv6110, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Experts, Assault
J. Brodie preserves a maritime contract and fraud lawsuit that alleges an international moving company hired a maritime shipping company to transport cargo to Israel, but failed to disclose that the recipient of the cargo had gone out of business, which ultimately resulted in $161,000 loss for the shipping company. There remain questions as to the moving company’s intent and whether it failed to comply with the contract when it refused to pay the costs incurred as a result.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: March 18, 2024, Case #: 2:20cv2130, NOS: Marine - Contract, Categories: Maritime, Contract
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. Brodie converts a corporate monitorship into a receivership and further puts a stay on litigation after finding an investment firm sued by the Securities and Exchange Commission for securities violations violated the court’s monitorship order when it appointed three additional managers and modified its operating agreement in an effort to undermine an independent monitor’s ability to oversee its compliance efforts.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: December 7, 2023, Case #: 1:21cv583, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Brodie awards a professional tennis equipment manufacturer $118,960 in lost profits on its patent infringement claims related to its let-detection systems. The court finds the manufacturer’s estimate, that it lost approximately $120,000 over a two-year period due to the infringer’s actions, to be reasonable and further applies a reduction of $1,040 for fixed costs associated with producing 16 units for the 2019 and 2020 U.S. Open tournaments.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: October 17, 2023, Case #: 1:22cv2205, NOS: Patent - Property Rights, Categories: Patent, Damages, Technology
J. Brodie enters default judgment against an employer on a receptionists’ unpaid minimum and overtime wages, wage statement and wage notice claims, finding she sufficiently alleged she was paid only $1,000 in cash each month regardless of how many hours she worked. The court finds she is entitled to $10,198 in unpaid wages plus prejudgment interest, $5,000 in statutory damages and $7,780 in attorney fees.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 28, 2023, Case #: 1:22cv643, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Attorney Fees, Labor
J. Brodie finds in partial favor of the general contractor that helmed a construction project at the Southwest Brooklyn Marine Transfer Station and declares an HVAC subcontractor's insurance provider has a duty to defend it in connection with a state court workplace injury action. However, the insurer of a solar energy installation subcontractor is not required to defend the general contractor, as it was not responsible for the underlying accident and therefore its additional insured coverage was not triggered.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 25, 2023, Case #: 1:21cv1089, NOS: Insurance - Contract, Categories: Insurance