13 results for 'judge:"Kahn"'.
J. Kahn denies a motion to dismiss a lawsuit brought by a 13-year-old student who alleges he was sexually assaulted, abused and raped at least five times by an assistant coach while participating in his school’s youth recreational soccer program. The school tried to get the case dismissed on the grounds that he failed to comply with its discovery demands, but the court finds the circumstances regarding the student’s noncompliance weighs against dismissal, including a lack of willful noncompliance on the student’s part.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: July 1, 2024, Case #: 1:21cv877, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Discovery, Assault
J. Kahn finds that the district court properly vacated certain civil contempt sanctions in claims contending Charter Communications violated an automatic stay in a competitor's Chapter 11 reorganization. At issue was a Charter direct-mail campaign aimed at luring customers to Spectrum residential internet and cable TV services, but a "fair ground of doubt" existed as to whether the solicitation violated the stay by interfering with administration of the bankruptcy estate. Affirmed.
Court: 2nd Circuit, Judge: Kahn, Filed On: June 24, 2024, Case #: 22-2891-bk, Categories: Bankruptcy, Contempt
J. Kahn preserves a false advertising class action claiming the back packaging on Ancient Nutrition-brand supplemental protein drinks misleads consumers by not providing a daily percentage value for protein. The lawsuit was previously dismissed based on a finding that the consumers' claims were preempted by the Food, Drug and Cosmetic Act, but their second amended complaint overcomes preemption by sufficiently claiming the labeling violates state law.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: May 29, 2024, Case #: 5:21cv390, NOS: Other Contract - Contract, Categories: Preemption, Class Action, False Advertising
J. Kahn finds that the district court properly held that a school district did not violate a student's due process rights by denying a medical exemption from the Covid-19 masking mandate because the student's fundamental rights had not been violated, and the mandate was reasonably related to legitimate health and safety concerns. However, the court improperly held that administrative remedies had not beeen exhausted when such was not required to bring disability claims alleging failure to accommodate the student's asthma. Affirmed in part.
Court: 2nd Circuit, Judge: Kahn, Filed On: April 25, 2024, Case #: 23-582-cv, Categories: Ada / Rehabilitation Act, Education, Covid-19
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. 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. 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. Kahn vacates a prior entry of default entered against an art gallery after it failed to respond to claims that it owes a New York-based visual artist more than $635,000 for helping sell his works at its gallery. The court finds the default was not willful, the gallery’s defenses against the allegations have merit and the order would not unfairly prejudice the artist.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 15, 2024, Case #: 1:23cv557, NOS: Other Contract - Contract, Categories: Contract
J. Kahn declines to enter judgment on a self-represented former construction manager’s remaining disability discrimination claim and preserves the claims for a jury trial. His employer, a construction company, fails to establish conclusively that it fired him on the basis of his performance and not due to an injury he suffered while moving a large saw. As well, the parties dispute the scope of the employee’s injuries, whether they severely limited his ability to perform his job and whether he was experienced and qualified enough to perform his work as a construction manager with or without an accommodation.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 15, 2024, Case #: 1:20cv571, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Kahn enters default judgment against an Algerian-based company on claims that it failed to pay the litigant $8 million for technology-related services performed under an agreement originally formed in 2003. The court finds the claims timely and the foreign company’s actions were willful. The court awards the litigant an additional $18 million in interest, for a combined total of $26 million in damages.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 6, 2024, Case #: 5:17cv424, NOS: Other Contract - Contract, Categories: Damages, Contract, Technology