21 results for 'judge:"Komitee"'.
J. Komitee issues a preliminary injunction prohibiting a product seller from manufacturing, importing, advertising and selling counterfeit products which use a clothing manufacturer’s protected MultiCam camouflage pattern. The court finds with litigant, who argued that post-trial damages won’t adequately compensate it for the losses suffered as a result of defendant’s alleged infringement, will most likely succeed on the merits of its trademark and copyright claims.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 18, 2024, Case #: 1:23cv4469, NOS: Trademark - Property Rights, Categories: Copyright, Trademark
J. Komitee trims a homeowner's civil lawsuit against two mortgage loan servicers whom he claims failed to honor the terms of a loan modification agreement, preserving only two claims against against Nationstar, the original holder of the mortgage note. The court finds the Real Estate Settlement Procedures Act affords a private cause of action, and the alleged errors made by Nationstar, including failing to accept his monthly payments, are “covered errors” under the federal law.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 10, 2024, Case #: 1:20cv216, NOS: Other Statutory Actions - Other Suits, Categories: Real Estate, Contract
J. Komitee denies a motion for judgment on the pleadings and preserves a mother’s fiduciary duty and conversion claims against her two sons, whom she claims usurped control of a family corporation overseeing five rental properties in Brooklyn and deprived her of the company’s profits. Her sons fail to successfully argue that her claims should have been brought derivatively on behalf of the five LLCs that comprise the corporate structure, or that, because their late father could not be joined as a party, the court would not be able to provide full relief and thus lacked subject matter jurisdiction.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: August 20, 2024, Case #: 1:19cv4767, NOS: Other Contract - Contract, Categories: Corporations, Fiduciary Duty, Conversion
J. Komitee denies a construction contractor's motion for leave to file a counterclaim against its insurer alleging its actions during negotiations to settle an underlying construction negligence action breached its duty of good faith and fair dealing. The contractor was forced to pay $5.1 million to settle claims that it caused structural damage to a neighboring property during construction work. The court finds the motion untimely and fails to comply with court procedure.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: June 2, 2024, Case #: 1:17cv5736, NOS: Insurance - Contract, Categories: Insurance
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J. Komitee partially adopts a magistrate judge’s order and preserves for the most part an employment discrimination complaint filed against the United States Postal Service. The court dismisses the employee’s race or national origin discrimination claim with leave to amend. The court however rejects the order’s conclusion that the postal service had a legitimate reason for issuing adverse employment actions against the employee, finding the decision was based on evidence outside the pleadings.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 17, 2024, Case #: 2:20cv1146, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination
J. Komitee denies in part a motion for summary judgment on a civil rights complaint alleging constitutional rights violations stemming from the execution of a no-knock search warrant on a family’s home in Queens. The family’s mother claims she was partially nude during a portion of the search, but a dispute remains over how long and whether she was allowed to dress before or after she was handcuffed. The court further finds the officers are entitled to immunity on the father’s claims that he was unlawfully detained in a police van parked several blocks away, but concludes a jury could find the length of time he was detained in the van, over two hours, was unreasonable and preserves the claim as it relates to temporality.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 5, 2024, Case #: 1:20cv3109, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Police Misconduct
J. Komitee grants a motion on the pleadings and declares a travel agency and its parent company are not afforded coverage under their professional liability insurance policy for a series of civil actions filed in Canada stemming from a fatal tour bus crash. The court finds coverage is excluded under the policy’s bodily injury exclusion clause.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 26, 2024, Case #: 1:21cv5590, NOS: Insurance - Contract, Categories: Insurance
J. Komitee denies competing motions for summary judgment and preserves in full two state law class actions alleging Gerber misled consumers by falsely claiming its Good Start Gentle infant formula could reduce an infant’s risk of developing allergies and that the FDA had officially endorsed its claims. While the plaintiffs at this stage have failed to prove unequivocally that the product does not in fact reduce the risk of allergies, that in the form of eczema, the court finds a jury could conclude the product’s labeling deceives consumers as to its effectiveness and to what degree the FDA approved those claims.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 25, 2024, Case #: 1:15cv2995, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Class Action
J. Komitee issues his findings of fact following a bench trial and rules in favor of four car wash attendants on their unpaid-wages and retaliation claims against a Brooklyn-based car wash. The court awards each litigant $3,000 in damages for their state labor law retaliation claims, prejudgment interest, plus individualized awards for unpaid wages and misappropriated gratuities.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 20, 2024, Case #: 1:13cv6085, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages, Labor
J. Komitee grants summary judgment against a former New York City police detective who alleges he was the subject of a conspiracy to frame him for various crimes in order to pressure him to resign from the force. The court finds the former officer fails to present any evidence that would suggest the existence of a conspiracy or back up his claim that he was coerced into signing a confession in which he admitted trespassing in people’s backyards and masturbating while watching women inside their homes.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 14, 2024, Case #: 1:20cv642, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Komitee dismisses a shareholders’ suit against JPMorgan Chase for its alleged failure to disclose the widespread use of unapproved communications channels among its employees, which resulted in a $200 million civil penalty issued by the Securities and Exchange Commission. The shareholder fails to plead material misstatements, false or misleading statements or omissions regarding the financial institution’s risk controls in its 2021 proxy statement.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 14, 2024, Case #: 1:22cv1331, NOS: Stockholders’ Suits - Contract, Categories: Securities
J. Komitee declines to issue a preliminary injunction in a patent infringement lawsuit concerning competing municipal bus lane enforcement technologies. The competing companies had previously engaged in a bidding war over a contract with New York City’s Metropolitan Transit Authority to install its technologies on city buses, both of which detect and report traffic violations in bus lanes. The alleged patent holder fails to present enough evidence to conclusively show the competing company’s product infringes on its patents and further raises issues regarding the validity of its own patents.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 9, 2024, Case #: 1:23cv3471, NOS: Patent - Property Rights, Categories: Patent, Transportation
J. Komitee denies a motion for a preliminary injunction to an online merchant on its copyright claims that seeks to prohibit a competing Amazon seller from using copyrighted photographs of its shampoo and soap pump dispensers to advertise competing products. The photographs lack the requisite degree of originality to grant them protection under copyright laws.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: October 19, 2023, Case #: 1:23cv1777, NOS: Copyrights - Property Rights, Categories: Copyright
J. Komitee dismisses a self-represented technology director’s equal protection and due process complaint in which he alleges his employer, a private charter school, fired him after he refused to comply with its Covid-19 vaccine mandate. The court finds the private charter, as a state agent, was within its rights to institute a policy with the goal of effectively combating the spread of Covid-19.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 27, 2023, Case #: 1:22cv1587, NOS: Other Civil Rights - Civil Rights, Categories: Education, Equal Protection, Covid-19
J. Komitee dismisses, for lack of personal jurisdiction, product liability claims against the CEO of REI, the maker of popular outdoor recreational equipment and apparel, as well as a member of its board of directors. A Queens-based resident alleges that trekking poles he purchased from REI bent and gave away while he was hiking through the Catskill Mountains in New York, causing him to fall and suffer several broken bones. He ultimately fails to attribute the company’s alleged unlawful actions to its senior management.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 23, 2023, Case #: 1:22cv1211, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Jurisdiction
J. Komitee dismisses a New York City school teacher’s due process and equitable relief complaint alleging the city’s education department placed her on unpaid leave and ultimately terminated her employment after she refused to get a Covid-19 vaccination. The court finds her due process rights were not violated because there were several available options she could have pursued both prior to and after she was fired to contest the department’s decisions. The court also finds that her substantive due process claim alleging the department violated her right to refuse unwanted and medically unnecessary medical care also fails, as the Supreme Court has not recognized such a right under the U.S. Constitution.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 22, 2023, Case #: 1:21cv6833, NOS: Other Civil Rights - Civil Rights, Categories: Education, Due Process, Covid-19
J. Komitee dismisses a Louisiana resident's civil rights complaint with claims stemming from his fight to regain guardianship of his adult son, who suffered a brain injury, after his sister filed a request for guardianship in New York State Family Court. The court finds his complaint fundamentally a state court matter and declines to exercise jurisdiction. As well, New York state provides ample legal avenues to address his claims. Finally, the court finds the Family Court judge and a temporary appointed guardian are protected by judicial and quasi-judicial immunity, respectively.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 21, 2023, Case #: 1:23cv3859, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Jurisdiction