26 results for 'judge:"Azrack"'.
J. Azrack transfers a putative class action against the Hard Rock Hotel and Casino in Atlantic City from this New York court to the U.S. District of New Jersey. The complaint alleges the casino violates state consumer protection laws when it issues cash-out tickets, which can then be redeemed at various kiosks inside casino, instead of cash for certain transactions. His injuries ultimately occurred in New Jersey, so this court lacks personal jurisdiction over the case.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: March 24, 2024, Case #: 2:22cv6758, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Venue, Class Action
J. Azrack grants a motion to enforce a $65,000 settlement agreement proposed by Home Depot and two third-party contractors to resolve claims for damages stemming from the alleged disturbance of asbestos in a customer’s home while installing a generator. The court finds the customer agreed to the terms of the settlement, that the settlement agreement is valid and enforceable and that his counsel at the time had the legal authority to negotiate on his behalf.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: March 19, 2024, Case #: 2:20cv4125, NOS: Other Contract - Contract, Categories: Settlements, Negligence
J. Azrack dismisses a civil rights lawsuit against Nassau County and two of its county police officers, who were sued by a woman that claims the officers ignored her report that she was raped by two men at her home in 2017 and the county refused to charge the assailants following a Special Victims Unit investigation in 2019 due to lack of evidence. She claims the officer ignored her pleas due to prior contentious interactions involving her mother. The court rules her claims against the reporting officer are time-barred, and that she does not have a constitutional right to compel a government agency to arrest or prosecute other individuals.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: March 18, 2024, Case #: 2:21cv5159, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
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J. Azrack throws out a class action challenging the New York health department’s alleged mishandling of applications for Medicaid assistance, claiming the department failed to provide adequate notice of the right to an expedited fair hearing and failed to timely determine a resident’s eligibility for benefits. The court finds she lacks standing to bring suit and declines to rule on the merits of her claims.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: March 1, 2024, Case #: 1:22cv1436, NOS: Other Civil Rights - Civil Rights, Categories: Medicaid, Class Action
J. Azrack orders a new trial for a landlord’s First Amendment retaliation claims. A jury awarded him $76,550 in damages after finding a municipality on the southern shore of Long Island violated his rights when the commissioner for its planning and development department filed four civil lawsuits against him and denied his rental permit applications for his four rental properties after he voiced opposition to how the town served criminal summonses and its refusal to grant his applications. The court finds the jury’s verdict lacks legal support and ruled against the weight of the evidence.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: February 26, 2024, Case #: 2:12cv5434, NOS: Other Civil Rights - Civil Rights, Categories: Jury, First Amendment
J. Azrack finds a stipulation agreement, which allowed a medical student who suffers from ADHD to remain enrolled at Stonybrook University beyond the school’s required seven-year graduation policy to complete his medical education, lacks judicial imprimatur and subsequently denies his request for attorney fees and costs.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: February 7, 2024, Case #: 2:22cv4490, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Education, Attorney Fees
J. Azrack grants preliminary approval to a class action settlement to resolve claims that a home health care provider failed to protect its patients’ digital personal and private healthcare information, which were stolen in a data breach. The court finds the settlement fair, reasonable and adequate and in compliance with judicial requirements. The court subsequently modifies the approval and orders litigant counsel to file a supplemental motion for attorney fees, costs, expenses and a service award 21 days before the final approval hearing.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: January 22, 2024, Case #: 2:21cv2061, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Health Care, Settlements, Class Action
J. Azrack finds in favor of Nassau County prison officials and dismisses a civil rights complaint concerning the death of an inmate at the Nassau County Correctional Center. The inmate was viciously attacked in his cell by a fellow Bloods gang member and later died from his wounds. His sister, who filed the case on his behalf as estate administrator, fails to present any evidence of a previous altercation that would have shown that her brother faced an impending attack from the assailant.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: December 21, 2023, Case #: 2:14cv125, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Azrack compels to arbitration a putative class action ERISA suit bought by a former regional manager that alleges her employer, Luxottica, an Italian eyewear designer, miscalculated her monthly pension payments due to their reliance on mortality assumptions that she claims is 50 years out of date. The court finds the arbitration clause is enforceable and expressly covers claims arising under ERISA.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: September 30, 2023, Case #: 2:21cv6072, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Class Action
J. Azrack dismisses a Video Protection Privacy Act complaint against a digital streaming service company that alleges its Triller on-demand video channel sends users personal information from its website to Facebook through the use of Pixel, a web tracking software that was developed by Facebook. The software only transmits a user’s Facebook ID number and the names of titles watched, thus the complaint fails to allege the disclosure of personally identifiable information.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: September 30, 2023, Case #: 2:22cv5508, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Privacy
J. Azrack dismisses a securities fraud lawsuit filed against a real estate investment trust alleging false or misleading statements it made in several press releases. Although the trust claimed it was working to maximize its corporate stock value for all stockholders, the deals it ultimately made to sell the company's assets and merge with a non-party benefitted only common stockholders and left preferred stockholders with significant losses when the company's stock value plummeted more than 55% in a single trading day on news of the agreements. The statements, consisting mostly of corporate buzzwords, are immaterial and therefore not actionable.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: September 25, 2023, Case #: 2:20cv4031, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Azrack rules the Port Jefferson Union Free School District did not violate a 10th-grade student's free speech and equal protection rights when it refused to publish a poem she submitted to her high school's literary magazine. The poem, "Derek Chauvin's Ode to George Floyd: A Dark Sonnet." related her experience to the country's racial tensions following the death of George Floyd in the summer of 2020, which the school worried was too controversial and would "create adverse emotional reactions and strife" among the student body and faculty. The school's decision is legally permitted as it constitutes a "legitimate pedagogical concern" under federal law.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: September 18, 2023, Case #: 2:19cv1741, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Education, Equal Protection, First Amendment
J. Azrack dismisses a New York-based nursing home operator’s claims for libel and libel per se against a news publication, called The American Prospect, whom it alleges published a story on its website that claimed its nursing homes had engaged in various crimes, including human trafficking, Medicaid and Medicare fraud and negligent patient care. The court finds the article’s claims were substantially true at the time they were made or were clearly the writer’s opinions which are immune to claims for defamation.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: August 16, 2023, Case #: 2:22cv1825, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Azrack finds in favor of a municipal fire company on a female volunteer firefighter's gender discrimination, hostile work environment and retaliation claims and closes the case. The court finds her claims asserted under Title VII are all time-barred, she fails to rebut the fire company's assertion that she was expelled from the company for failing to provide a doctor's note while out extended medical leave and she further fails to allege she has a protected interest in her position and should have been afforded a pre-termination hearing as she is not a regular, non-probationary firefighter.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: July 27, 2023, Case #: 2:19cv4643, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Azrack grants a self-represented litigant’s motion to proceed in forma pauperis, but subsequently dismisses his employment discrimination and wrongful termination suit brought against SUNY — Stony Brook School of Dental Medicine. The court finds his complaint is filled with excessively vague and ambiguous allegations, which deprived the defendants fair notice to adequately respond.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: July 11, 2023, Case #: 2:23cv66, NOS: Employment - Civil Rights, Categories: Employment Discrimination