10 results for 'judge:"Cogan"'.
J. Cogan dismisses an unpaid wages complaint against a company who had settled similar claims in a prior class action. The litigant, one of four class members in the class action, sought to challenge the settlement, claiming it was unfair and did not adequately represent his interests, but the court disagrees, finding he had ample opportunity to either raise objections or opt out of the settlement after notices were sent out to potential members.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: May 1, 2024, Case #: 1:23cv5165, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Cogan reaffirms a jury’s verdict in which they awarded six women $500,000 each plus punitive damages after finding a bond trader had violated the Trafficking Victim Protection Act when he brought them to his New York City penthouse and forced them to engage in brutal, sadomasochistic sex acts. The court finds the trader’s argument that the Act did not apply to their claims as unpersuasive.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: March 20, 2024, Case #: 1:17cv6404, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Rights, Damages, Assault
J. Cogan rules an insurer for a subcontractor hired to install glass partitions at the American Airlines Admirals Club at JFK Airport must cover the general contractor’s defense costs for an underlying trip-and-fall action. The court finds that, while the subcontractor was able to shift liability for the underlying claims to a sub-subcontractor, that didn’t absolve its insurer of its obligations to indemnify the general contractor as an additional insured when the action was first initiated.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: February 12, 2024, Case #: 1:21cv4216, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
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J. Cogan issues a declaration that states a paving subcontractor’s insurance provider is legally obligated to defend and indemnify a general contractor in an underlying state court personal injury claim stemming from repair work performed on a section of NYC roadway. Coverage is triggered even though it has not yet been determined if the subcontractor’s work was the source of the accident.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: November 14, 2023, Case #: 1:22cv6032, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Cogan dismisses a neurosurgery practice’s action alleging the various federal agencies have failed to properly implement the No Surprises Act healthcare legislation in relation to reimbursement claims for out-of-network healthcare services. It sought an injunction compelling the agencies to implement various changes to the Act’s independent dispute resolution process, which it claims has resulted in a large backlog of unresolved claims and has ultimately prevented it from receiving reimbursement for its services. The court finds it lacks the authority and the inclination to rewrite a statute enacted by Congress.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: July 17, 2023, Case #: 1:23cv2977, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Health Care, Contract