30 results for 'judge:"Donnelly"'.
J. Donnelly denies in part a Brooklyn law firm’s motion for summary judgment and preserves a single claim for race-based hostile work environment, finding enough evidence to allege one of its partners’ actions, which included espousing white supremacist views, playing Confederate songs in the workplace and watching racist videos on his computer, was pervasive. The main question for the jury is whether the partner was her supervisor or a coworker for purposes of employer liability.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 29, 2024, Case #: 1:19cv1979, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Donnelly tosses an employment discrimination complaint against Stony Brook University Medical Center on claims that it denied a nurse’s request for a religious exemption from its Covid-19 mandate and subsequently placed her on unpaid leave until she resigned. Her complaint fails to allege her employer’s actions were motivated by her religion. York’s health department removed religious exemptions from its vaccine mandate, and as such the healthcare provider would have been in violation of the mandate had they granted her request for an exemption for religious purposes.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 27, 2024, Case #: 2:23cv135, NOS: Employment - Civil Rights, Categories: Civil Rights, Covid-19, Employment Discrimination
J. Donnelly preserves a Trafficking Victims Protection Act complaint that alleges the Odyssey Study Group, described as a religious cult, coerced the litigant, a 23-year member who eventually left in 2013, into performing labor and other services. The court finds the complaint is timely and adequately alleges the organization engaged in a conspiracy by threatening him with serious harm, including disclosing personal information, if he did not perform the work or attend its classes.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 27, 2024, Case #: 1:22cv7686, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Employment, Tort
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J. Donnell declines to enter judgment in favor of the U.S. Department of Labor on the department’s Fair Labor Standards Act complaint alleging two companies, which provide “spotholding” services for a New York energy company, willfully misclassified its employees as independent contractors to get out of paying overtime wages. The court is unable to make a determination as to whether the litigants were in fact employees or independent contractors.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 27, 2024, Case #: 1:21cv57, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Donnelly dismisses an employment discrimination and retaliation complaint against Lockheed Martin, who was sued by a 53-year old Black administrative assistant on claims that she was subjected to discrimination on the basis of her race, age and gender. The court finds she fails to allege Lockheed Martin’s decision not to select her for a promotion and to later fire her were not motivated by her race, age or gender or in retaliation for complaints she made regarding allegations of discrimination and unequal pay. As well, the court finds her claim for disparate pay under the Equal Pay Act lacks substantive detail.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 12, 2024, Case #: 1:22cv4115, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Donnelly dismisses a self-represented security guard’s amended disability discrimination complaint with claims for failure to accommodate, disparate treatment and hostile work environment. He fails to provide enough detail to suggest the harassment he endured was pervasive or severe or motivated by discriminatory animus to establish claims for disparate treatment or hostile work environment, and he fails to allege that he sufficiently informed his employer of his disability, how it affected it his job and why he needed an accommodation.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 7, 2024, Case #: 1:22cv2980, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Donnell dismisses a case brought by one of Jeffrey Epstein’s accusers in which she seeks to hold the owners of a building in which the assaults took place liable for the assaults. She claims the building’s owners allowed the abuse to occur by supporting Epstein socially and financially and allowing him to continue working and living in the building. The court finds the same underlying facts supporting her claims have already been litigated in an underlying state court action that she brought against Epstein’s estate, thus her claims are barred under res judicata.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: February 29, 2024, Case #: 1:22cv125, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Jurisdiction, Assault
J. Donnelly dismisses a case worker’s disability discrimination and retaliation complaint against New York City’s Human Resources Administration, claiming she was denied an exemption from its Covid-19 vaccine mandate and was fired after refusing to get vaccinated. The agency is not a suable entity, and she fails to specify what, if any, disability she actually suffers from that would be a basis for her claims.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: February 8, 2024, Case #: 1:22cv6307, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Covid-19, Employment Discrimination
J. Donnelly denies a fourth petition to return a seven-year-old Italian boy who suffers from post traumatic stress disorder back to his home country of Italy. The court had previously approved the petition under the expectation that he would live with his mother. However, the mother unexpectedly died, putting the plans in disarray. Without a concrete determination on where the boy would live or with whom, along with the possibility that he may even be placed in an institutional setting while an Italian court decides the custody issues, the court finds he would be subject to grave risk of psychological harm and denies the petition.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: January 14, 2024, Case #: 1:18cv5292, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law
J. Donnelly declines to reconsider the court’s decision granting summary judgment to a mortgage lender on a property owner’s claims that seek to cancel and discharge a mortgage agreement. Since the ruling was issued the governing law was changed when New York passed the Foreclosure Abuse Prevention Act, which takes away the ability for lenders to restart the six-year statute of limitations for bringing foreclosure actions simply by decelerating the mortgage debt. However, the court finds the state court is better suited to address the controversy.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: November 30, 2023, Case #: 1:18cv4203, NOS: All Other Real Property - Real Property, Categories: Property, Venue, Foreclosure
J. Donnelly finds that former Hamilton County Juvenile Court Judge Tracie Hunter will be indefinitely suspended from the practice of law for a felony conviction that stemmed from her conduct as a judge, which included allowing social, political and family interests to influence her actions. Hunter sent a letter to the corrections facility that employed her brother and requested various documents while he was being investigated for misconduct and she was eventually convicted of a single charge of unlawful interest in a public contract. Although she had no prior disciplinary record, she refused to acknowledge the wrongful nature of her conduct and must be suspended indefinitely.
Court: Ohio Supreme Court, Judge: Donnelly, Filed On: November 21, 2023, Case #: 2023-Ohio-4168, Categories: Judiciary, Sanctions, Attorney Discipline
J. Donnelly finds a general contractor and its principals jointly and severally liable for costs paid by its surety to cover the losses and expenses after the contractor was terminated from a series of public works projects for New York State Parks due to performance issues. The surety is seeking $553,468 in damages, however, the court requests additional documentation before approving that figure.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: November 7, 2023, Case #: 2:20cv1730, NOS: Other Contract - Contract, Categories: Insurance, Damages
J. Donnelly dismisses a self-represented litigant’s medical malpractice, civil rights and RICO lawsuit against a Staten Island-based healthcare provider on allegations its surgeons failed to recognize foreign objects inside his body during surgery, which he claims were originally left in his body during a surgery performed in 2008. The court lacks jurisdiction to hear his medical malpractice claims and he fails to allege the defendants are state actors or committed any predicate acts to suggest a pattern of racketeering activity.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: October 25, 2023, Case #: 1:23cv6697, NOS: Other Civil Rights - Civil Rights, Categories: Jurisdiction, Medical Malpractice, Racketeering
J. Donnelly dismisses, for lack of subject matter jurisdiction, a self-represented litigant’s wrongful foreclosure action and remands the action to a state court in New York, finding the complaint does not present any issues of federal law.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: October 24, 2023, Case #: 2:23cv5201, NOS: Other Civil Rights - Civil Rights, Categories: Jurisdiction, Foreclosure
J. Donnelly finds the appeals court erroneously overturned the trial court's decision to grant defendant's motion to dismiss on speedy trial grounds. He satisfied notice requirements under Ohio law when he delivered a request for disposition of the criminal charges to the warden of the facility where he was incarcerated on other convictions. Although the warden failed to deliver any of defendant's numerous requests to the relevant prosecuting attorney or trial court, defendant complied with Ohio law when he sent notice to the warden and, therefore, the trial court properly dismissed the case on speedy trial grounds. Reversed.
Court: Ohio Supreme Court, Judge: Donnelly, Filed On: October 10, 2023, Case #: 2023-Ohio-3647, Categories: Criminal Procedure, Speedy Trial
J. Donnelly trims down an employment discrimination complaint brought by two Black Long Island Railroad workers and preserves only their claims for retaliation, hostile work environment and disparate treatment against two supervisors in their individual capacities that alleged the workers suffered a string of racially motivated disciplinary action stemming from their work as third rail technicians. Several factual disputes remain as to whether the two supervisors were personally involved in creating a hostile work environment as well as retaliating against them for their internal complaints regarding the treatment, including docking their pay and prohibiting them from working together as a group.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: September 29, 2023, Case #: 1:18cv6459, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Donnelly denies a motion to dismiss a regional coordinator’s wrongful termination, discrimination, sexual harassment and hostile work environment complaint against the New York State Division of Homeland Security and Emergency Services. The complaint sufficiently alleges she was constructively discharged from her job with the New York State Division of Homeland Security and Emergency Services after being subjected to pervasive harassment that targeted her identity as an Hispanic bisexual woman.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: September 28, 2023, Case #: 1:22cv387, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination
J. Donnelly dismisses an account holder's Electronic Fund Transfer Act and breach of contract claims against Chase Bank alleging an employee made several unauthorized withdrawals from his Charles Schwab account without his knowledge. Chase Bank is not liable for any of the lost amounts because the litigant failed to provide notice within 60 days of the first withdrawal and subsequently failed to file his civil complaint before the statute of limitations expired.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: September 13, 2023, Case #: 1:22cv1178, NOS: Consumer Credit - Other Suits, Categories: Banking / Lending
J. Donnelly denies summary judgment to two New York police officers and a retired officer-turned-private investigator on false arrest and unlawful search and seizure claims, alleging they searched a woman’s clothing and jewelry store without a warrant and arrested the owner on false charges of selling counterfeit jewelry. Several disputed facts preclude judgment, including whether or not the defendants had the authority to search the store’s drawers and a duffel bag containing merchandise, or probable cause to arrest her.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: August 8, 2023, Case #: 1:18cv7440, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Donnelly finds that the lower court properly granted the nonprofit housing organization's petition for a writ of mandamus to compel the production of certain documents from Ohio Fair Plan because the agency is a "public office" under the Ohio Public Records Act. Although it does not perform a governmental function, Ohio Fair Plan was created by the legislature and handles administrative appeals regarding housing insurance, which renders it a public office subject to the type of records requests made by the nonprofit. Affirmed.
Court: Ohio Supreme Court, Judge: Donnelly, Filed On: August 3, 2023, Case #: 2023-Ohio-2667, Categories: Government, Public Record, Housing