29 results for 'judge:"Brodie"'.
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
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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
J. Brodie preserves for trial a female quality assurance engineer’s employment discrimination and retaliation claims alleging she suffered disparate treatment on the basis of her gender and was ultimately terminated as a result. Although the employer presented evidence that showed she made a serious mistake that resulted in the release of a product that contained two serious software bugs which justified their harsh criticisms, she successfully establishes the inference of discriminatory intent by showing several male employees who made mistakes of a similar magnitude were not reprimanded.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 22, 2023, Case #: 1:21cv491, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Brodie denies partial final judgment to a group of film production companies on copyright claims that their 2013 documentary showcasing an aspiring dirt-bike rider and subsequent feature film infringed a set of documentaries first released in 2001 and 2003 which featured the 12 O'Clock Boyz dirt-bike stunt group. The production studios fail to argue they face undue hardship or injustice if they must wait until the court resolves several claims against one of the defendants who recently filed for bankruptcy, as well as several counterclaims.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 21, 2023, Case #: 1:18cv5930, NOS: Copyrights - Property Rights, Categories: Copyright
J. Brodie denies, in part, the NYC Department of Education's motion for summary judgment on a Black worker's claims for employment-related race discrimination and retaliation. Material disputes remain as to whether the department's arguments for denying him overtime were pretextual, or whether its allegedly retaliatory actions, which included issuing him several write-ups and recommending his termination, were the "but for" cause of its actions.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 15, 2023, Case #: 1:20cv480, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Brodie grants partial summary judgment and finds the insurer of an HVAC servicer is obligated to defend a general contractor in an underlying New York State court workplace injury complaint brought by a laborer for injuries sustained while working at the Southwest Brooklyn Marine transfer station. The court further grants summary judgment on a third-party insurer's contribution counterclaims, finding the HVAC subcontractor is not a party to a sheet metal subcontractor's insurance policy.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 14, 2023, Case #: 1:21cv1089, NOS: Insurance - Contract, Categories: Insurance
J. Brodie grants, in part, a motion to exclude expert testimony and subsequently grants partial summary judgment to the manufacturer of a manually-operated tailgate device on a NYS Department of Transportation highway maintenance worker's design defect, manufacturing defect and failure to warn claims. The worker claimed he injured his neck, back and shoulders while trying to stop the tailgate from opening after its chain broke. The court, having excluded portions of an expert's testimony regarding the chain's coverings, finds the litigant fails to allege the existence of a defect in the product's design.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 14, 2023, Case #: 2:20cv3279, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Experts
J. Brodie preserves for trial a Russian-born Jewish respiratory therapist's employment discrimination, hostile work environment and retaliation claims brought against her employer, a nursing home center. She proffers enough evidence to allege her bosses' actions, which ultimately resulted in her termination, were motivated by discriminatory animus, including several hurtful and discriminatory comments made by her coworkers regarding her religious and racial ancestry.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 14, 2023, Case #: 1:21cv1598, NOS: Fair Labor Standards Act - Labor, Categories: Employment Discrimination, Employment Retaliation
J. Brodie grants summary judgment to an equipment supplier on a carpenter’s product liability, failure to warn and implied warranty claims that alleged its Powermatic Table Saw severed several of his fingers on his left hand while he was cutting a sheet of plywood due to the lack of a handguard. The supplier, who purchased the assets from the original manufacturer at auction who had filed for bankruptcy, did not assume liability for claims against its products sold before the date of the agreement.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 8, 2023, Case #: 1:17cv415, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Warranty
J. Brodie strikes five out of a total of 51 affirmative defenses asserted by a night club operator against claims that it failed to pay its erotic dancers minimum wage and failed to pay its tipped employees, striking defenses related to arguments that claimed the employees waived their rights to claims under state and federal labor laws as well as their arguments claiming their lost wages were minimal.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 8, 2023, Case #: 1:20cv226, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Brodie finds in partial favor of a franchisee on a slew of claims brought by the franchise owner alleging it operated an illegal childcare and learning center in Long Island City by forging its childcare staff's background checks and medical clearance forms. Only two claims can move forward to trial, one for breach of an agreement to purchase the franchise location and the franchisee's own counterclaim for indemnification of attorney fees.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 8, 2023, Case #: 1:25cv2504, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Contract
[Consolidated.] J. Brodie awards two vehicle finance creditors a total of $132,568 in attorney fees after prevailing on their separate procedural due process claims in which they alleged the Port Authority refused to release impounded vehicles in which they hold an interest at both LaGuardia Airport and JKF Airport until they paid past-due parking, towing and storage fees. The court applies an across-the-board reduction of the requested hourly rates, finding they all exceeded the typical rates for cases of this size and nature.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: August 6, 2023, Case #: 1:20cv1997, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Attorney Fees
J. Brodie denies a self-represented UPS delivery driver’s motion for reconsideration to vacate the court’s judgment entered in favor of UPS and his union on claims that they conspired together and acted in bad faith when securing a settlement agreement while arbitrating his grievance for wrongful termination. The court finds his motion was not filed within a reasonable amount of time after judgment was issued and his claims fail on the merits because he fails to identify the supposed new evidence he referenced in his motion that would justify overturning the court’s order.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: July 14, 2023, Case #: 1:18cv2046, NOS: Other Civil Rights - Civil Rights, Categories: Arbitration, Settlements, Labor / Unions
J. Brodie enters summary judgment in favor of a healthcare provider on a self-represented patient care technician's employment-related disability discrimination and retaliation claims stemming from a lower back injury he suffered while transporting a patient. His failure to promote, unequal terms and conditions, and retaliation claims are time-barred, and his ADA wrongful termination and failure to accommodate claims fail because he fails to proffer a reasonable accommodation that would have allowed him to perform the duties of his position following the work injury.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: June 30, 2023, Case #: 1:19cv3098, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Brodie denies a motion for reconsideration and reaffirms the court’s prior ruling ordering a deli counter attendant and his employer to arbitration for all claims asserted in a collective action Fair Labor Standards Act suit. The court agrees with the magistrate judge’s findings that, under Second Circuit precedent, the employee’s collective bargaining agreement signed in 2018 applies to all claims for acts that occurred both before and after the agreement was signed.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: June 5, 2023, Case #: 1:22cv1601, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Class Action, Labor