20 results for 'judge:"Cronan"'.
J. Cronan finds for the agency in this SEC enforcement action and orders the manager of an investment club who engaged in fraudulent investment schemes to disgorge ill-gotten profits of $1.7 million, plus interest of $339,000. In addition, the manager shall be permanently banned from working in the financial sector again due to his conscious wrongdoing and the likelihood he will continue to violate federal securities laws.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: May 6, 2024, Case #: 1:19cv10299, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Agency
J. Cronan partially denies the political organization's motion to dismiss counterclaims alleging that it stole the Stanford researcher's copyrighted work on mapping police violence and make its own copycat website to divert donations to his project. The researcher has shown he put forth considerable skill and originality in creating his map organizing unprotected information, and these choices were not routine and obvious.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: March 20, 2024, Case #: 1:22cv9565, NOS: Copyrights - Property Rights, Categories: Copyright
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J. Cronan dismisses the small businesses' RICO claims against several lenders over an alleged predatory lending scheme disguised as agreements for the purchase and sale of these businesses' future sales receipts. Nothing in the complaint suggests that the defendants, in making the agreements and collecting the debts, acted beyond "the regular affairs of the corporation." However, the businesses' shall be given the opportunity to amend their complaint.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: March 14, 2024, Case #: 1:23cv1404, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Business Practices, Banking / Lending, Racketeering
J. Cronan denies the employer's motion for summary judgment on an employee's claims she developed respiratory illness as a result of her exposure to strong chemicals in a sealant used for station repair work. The employer did not file a Daubert motion to challenge the employee's proposed experts on causation, and she does not need expert testimony to establish that she experienced a headache, sore throat, and burning eyes in the immediate aftermath of being exposed to a strong chemical.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: February 13, 2024, Case #: 1:22cv1719, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, Tort
J. Cronan grants an insurer's motion for additional discovery in a coverage dispute over damage to the condo association's property purportedly caused by Hurricane Sally in 2020. The insurer has adequately alleged that the association was already in the process of replacing its elevators and roofs before the storm, but then attempted to get insurance coverage by claiming that the storm damaged them. Additional discovery is necessary to see if the association's claim was indeed fraudulent, and the association will not be prejudiced thereby.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: December 1, 2023, Case #: 1:22cv3165, NOS: Insurance - Contract, Categories: Fraud, Discovery, Contract
J. Cronan dismisses a family's civil rights suit against the city, alleging the city violated the father's rights in a child abuse investigation against the father stemming from the garbled statements of his severely autistic, mainly non-verbal daughter. The family cannot prove that the child's school made false allegations about potential abuse at home. Rather, the school officials reasonably responded to the child uncharacteristic selection of the words "butt, sleep, man, pillow, finger" on her iPad.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: September 27, 2023, Case #: 1:20cv8937, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Cronan finds the instant court lacks subject matter jurisdiction in this matter concerning a consumer claiming negligence against Johnson & Johnson and a contracted manufacturer of Johnson’s Baby Powder. The consumer claims she was exposed to asbestos-contaminated talc as an ingredient of Johnson’s Baby Powder, but Johnson & Johnson argues she ceased using the product before the contract manufacturer ever began making it. Because there are factual disputes regarding timeframes of usage and manufacture, the matter is remanded to the Supreme Court of the State of New York, New York County for further proceedings.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: September 18, 2023, Case #: 1:21cv7222, NOS: Tort Product Liability - Real Property, Categories: Tort, Product Liability, Jurisdiction
J. Cronan denies in part Starbucks’ motion to dismiss. Consumers allege Starbucks labeled certain fruit drinks in a way that could lead consumers to think the drinks contained the actual fruits, when some of the fruits listed were just flavorings. While the instant court grants dismissal on claims of fraud and unjust enrichment, it finds a significant portion of the general consuming public could reasonably believe the names of the drinks implied they contained those actual fruits; as such, Starbucks’ motion to dismiss the consumers’ allegations of violations of business law, unfair competition, consumer law and false advertising is denied.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: September 18, 2023, Case #: 1:22cv6673, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, False Advertising
[Consolidated.] J. Cronan partially grants both parties' discovery motions in a dispute between a mining company and its supplier over three contracts to purchase industrial filter presses used to process refinery waste. The miner's expert may testify that bauxite residue in the filters may have caused longer cycle times, but not that this was the only reason for slower-than-expected cycle times. However, the supplier is entitles to dismissal of claims for negligent misrepresentation and unjust enrichment.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: September 11, 2023, Case #: 1:20cv4136, NOS: Contract Product Liability - Contract, Categories: Product Liability, Discovery, Contract