13 results for 'judge:"Briccetti"'.
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J. Briccetti partially denies the city's motion to dismiss civil rights claims stemming from an incident where a police car crashed into a man while he was riding his motorcycle, then unlawfully searched the man's backpack while he was unconscious. The man plausibly alleges the officer invaded the man's reasonable expectation of privacy in his backpack without reasonable suspicion. However, he fails to plausibly allege a malicious prosecution claim.
Court: USDC Southern District of New York, Judge: Briccetti, Filed On: August 29, 2023, Case #: 7:22cv4450, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Privacy, Police Misconduct
J. Briccetti denies the military boarding school's motion to dismiss a former cadet's claims that senior cadets regularly beat junior cadets in the middle of the night with socks filled with bars of soap and committed sexual assaults with the tacit approval of the administration. The school's bankruptcy material's are not included with the complaint so they may not be considered on a motion to dismiss. Further, there is no merit to the school's claims that the cadet's claim for failure to report child abuse must be dismissed because he was abused by other cadets, not by a staff member.
Court: USDC Southern District of New York, Judge: Briccetti, Filed On: August 14, 2023, Case #: 7:21cv6872, NOS: Other Civil Rights - Civil Rights, Categories: Education, Tort, Negligence
J. Briccetti partially denies the federal defendants' and Yonkers defendant's motion to dismiss civil rights claims stemming from the attempted arrest and fatal shooting of a man during an FBI surveillance operation who had a gun replica in his car. It is for a jury to decide the reasonableness of each officer's decision to fire subsequent shots based on whether they reasonably believed the man remained a threat when they fired the additional rounds.
Court: USDC Southern District of New York, Judge: Briccetti, Filed On: July 31, 2023, Case #: 7:19cv9444, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Briccetti partially denies the defendant software company's motion to dismiss IBM's copyright suit claiming that it reverse engineered IBM's software to create derivative software applications. IBM sufficiently alleges that it holds valid copyrights for nine versions of the CICS TS computer program, that defendant had access to this software as a developer, and points to similarities in the structure of defendant's software products.
Court: USDC Southern District of New York, Judge: Briccetti, Filed On: June 8, 2023, Case #: 7:22cv9910, NOS: Copyrights - Property Rights, Categories: Copyright, Technology
J. Briccetti partially grants the bank's motion for partial summary judgment in an action against the borrower and other companies alleging that they violated loan, security and guaranty agreements. The motion is granted with respect to the breach of contract claim against the borrower, the claim for foreclosure of security interest against three of the companies, and the breach of guaranty claim against two of the companies and the individual. It is undisputed that the borrower defaulted on its obligation to make loan payments. However, the motion is denied as to the claims for breach of guaranty and foreclosure of security interest against the imaging company. An issue of fact exists as to whether the individual was authorized to execute the agreement on the imaging company's behalf.
Court: USDC Southern District of New York, Judge: Briccetti, Filed On: June 5, 2023, Case #: 7:21cv5201, NOS: Negotiable Instrument - Contract, Categories: Banking / Lending, Contract
J. Bricetti partially denies the successor companies' motion to dismiss a wage and hour suit. The employee claims that the successor companies' assets were illegally transferred to avoid a judgment in a different action. The employee has plausibly alleged the successors are subject to successor liability on Fair Labor Standards Act claims, but may not pursue claims accruing prior to September 2019.
Court: USDC Southern District of New York, Judge: Briccetti, Filed On: May 19, 2023, Case #: Ji, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor