34 results for 'judge:"D’Agostino"'.
J. D’Agostino denies summary judgment to two Colonie police officers on claims that they used excessive force to arrest an individual suspected of shoplifting at a local Target, which caused him to suffer a broken arm. The parties disagree over whether the suspect, after fleeing from the scene, voluntarily laid down on the ground in the parking lot to be arrested or whether he accidentally fell and had to be physically restrained.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 26, 2024, Case #: 1:20cv151, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Police Misconduct
J. D’Agostino dismisses with prejudice an employment discrimination and retaliation complaint brought against Hamilton College by a university professor, who says he was targeted for being a Black immigrant from the Democratic Republic of the Congo. Many of his allegations involve actions that occurred prior to 2018, including the university’s decision not to appoint him to chair of the French and Franco Studies Department in 2012, which the court finds are untimely.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 20, 2024, Case #: 6:22cv1395, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. D’Agostino preserves a shipper and receiver’s untimely wages complaint against her employer, a packaging materials manufacturer. Her allegations sufficiently articulate an injury suffered, so she has standing to sue, and the state labor law at issue affords a private right of action.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 14, 2024, Case #: 1:23cv790, NOS: Other Labor Litigation - Labor, Categories: Employment, Jurisdiction, Labor
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J. D’Agostino dismisses the last remaining defendant from a consumer credit complaint that alleges a homeowner’s mortgage lender erroneously reported her mortgage as discharged after she filed for Chapter 7 bankruptcy even though she continued to make payments until the debt had been satisfied. While she successfully alleges she suffered an injury in that she has been unable to secure additional lines of credit due to the inaccurate information, the court finds her credit report is essentially accurate.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: January 24, 2024, Case #: 3:23cv147, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Debt Collection, Consumer Law
J. D'Agostino rules Meta Platforms, parent company of Facebook and Instagram, cannot be held directly liable for a third-party’s sales of knockoff Little Trees car freshener products and dismisses all trademark dilution, infringement and unfair competition claims asserted against it. The complaint fails to allege the social media platform itself placed the manufacturer’s trademarks on any goods sold on its platform.
Court: USDC Western District of New York, Judge: D’Agostino, Filed On: January 4, 2024, Case #: 5:22cv1305, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition
J. D'Agostino enters judgment in favor of YouGov on employment discrimination and retaliation claims brought by a senior talent acquisition partner who claims she was fired on the basis of her age, race and disability after she brought up concerns that the company’s hiring processes disfavored disabled and Black applicants. Nowhere in her amended complaint does she state her race or ethnicity or any disability that she suffers from, nor does she provide enough allegations to suggest her whistleblowing activities was the cause of her termination.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: December 5, 2023, Case #: 1:23cv1104, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. D’Agostino preserves a citizen’s excessive force, ADA failure to accommodate and assault claims against a city of Oneida police officer and the local municipality stemming from his arrest while suffering a mental breakdown. The court finds the citizen, who suffers from bipolar disorder, plausibly alleges that the officer was not justified in kicking him while he was handcuffed, and that the officer had constructive notice of his disability and had failed to use proper de-escalation techniques or perform a mental health arrest as an accommodation for his disability.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: November 30, 2023, Case #: 5:20cv662, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Assault, Police Misconduct
J. D’Agostino grants summary judgment in favor of two village police officers on a GrubHub delivery driver’s civil rights claims stemming from a traffic stop. The driver was ultimately convicted on the traffic violations, so probable cause was established for the traffic stop. The officers were also justified in using force to remove him from his car and arrest him after he failed to comply with the officers’ demands to show his hands and exit his vehicle and instead reached into the passenger side. The court also rejected the driver’s First Amendment right to freedom of religion claim, as he fails to argue the traffic stop and subsequent arrest violated his religious rights by preventing him from delivering a customer’s food order.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: November 14, 2023, Case #: 5:22cv1088, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Police Misconduct
J. D’Agostino preserves, for the most part, a trademark lawsuit filed by the maker of Little Trees air fresheners against Meta, the parent company of Facebook and Instagram, alleging the tech giant allowed the sale of bootleg air fresheners, T-shirts and stickers bearing the Little Trees design on Facebook Marketplace and Instagram and collected sales tax on each transaction.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: November 7, 2023, Case #: 5:22cv1305, NOS: Trademark - Property Rights, Categories: Trademark
J. D’Agostino dismisses with prejudice a self-represented litigant’s civil rights complaint alleging two county police officers arrested him without cause and in violation of his First Amendment rights for failing to comply with their orders to stop recording video footage with his cellphone inside a local court building. State law prohibits individuals from using a cellphone inside a court building, thus he did not have a First Amendment right to record video inside the courthouse.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: November 7, 2023, Case #: 5:22cv1211, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. D’Agostino grants a police officer’s motion for summary judgment in this excessive force and unlawful arrest claim brought by a civilian. The civilian alleges the officer struck and tackled him while trying to detain him for a domestic disturbance. The court says the officer’s actions were necessary because the civilian made a sudden movement, prompting the officer to protect himself, so he is entitled to qualified immunity. The officer’s motion to strike certain portions of the citizen’s response to the summary judgment and the attorney is denied.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: November 3, 2023, Case #: 5:18cv952, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Immunity, Police Misconduct
J. D’Agostino rules on a partial motion to dismiss and trims a trademark dispute lawsuit that alleges a small restaurant in a town nestled on the edge of Oneida Lake in upstate New York infringes on the Old Spaghetti Factory trademark name. The court finds the use of the trademark name could cause confusion with customers, but does not find that the restaurant operator acted in bad faith.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: October 10, 2023, Case #: 6:23cv13, NOS: Trademark - Property Rights, Categories: Trademark
J. D’Agostino dismisses a putative class action false advertising lawsuit brought against the maker of Wet Ones Antibacterial Hand Wipes which alleges the claim on the product’s packaging that the product “Kills 99.9% of Germs” is false or misleading. The litigant revealed the fatal flaw in her argument in her response to the manufacturers’ motion for dismissal when she claimed the product is ineffective at killing germs that are not commonly found on a consumers’ hands and which the product does not claim to target.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: August 23, 2023, Case #: 1:22cv642, NOS: Other Fraud - Torts - Personal Property, Categories: Class Action, False Advertising
J. D’Agostino throws out a putative class consumer fraud and false advertising suit brought against the maker of Hikari-brand algea wafers, used as food for suckermouth catfish, which claimed the product’s box overstates the amount of algae when its primary ingredients are fishmeal and starches. The court finds, taken the product’s packaging as a whole, any reasonable consumer would not be misled into believing the product is predominantly or exclusively made of algae.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: August 18, 2023, Case #: 1:22cv504, NOS: Other Fraud - Torts - Personal Property, Categories: Class Action, False Advertising
J. D’Agostino dismisses a Title VII employment discrimination complaint brought by a self-represented probationary custodial worker against the Syracuse Regional Airport in which he alleged he was subjected to a hostile work environment, disparate treatment and retaliation stemming from an altercation with a senior coworker who was assigned a preferred work shift. The court finds that the possible utterance of the “n-word” did not arise to a hostile work environment and there was no evidence to suggest the employer’s decision to terminate his employment due to his behavior was racially motivated.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: August 1, 2023, Case #: 5:20cv1566, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. D'Agostino enters judgment in favor of Tompkins County and its social services department on a former security guard’s employment discrimination and retaliation claims which alleged he suffered discrimination on the basis of his gender and age and received several disciplinary actions in retaliation for taking Family and Medical Leave Act leave as well as voicing concerns regarding workplace violence. The court finds he was not discriminated on any of the alleged bases he claims and further finds he was unable to connect his employer’s alleged retaliatory actions, including reassigning him to a later shift, with his reports of workplace violence or his requests for medical leave.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: July 11, 2023, Case #: 3:21cv1019, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. D’Agostino dismisses a rental property owner’s federal due process, takings and denial of process claims brought against the City of Kingston, which allegedly condemned his rental property, a two-story house located in the city’s historic waterfront district, due to various violations related to the deterioration of the property’s front sidewalk, which he argues was caused by the city’s failure to manage the nearby stormwater runoff and even caused damaged to the property’s foundation. While his allegations regarding the property damage could be brought under a separate tort claim, he fails to allege a city statute, regulation or ordinance restricting use of his property. The court remands his remaining claims to state court.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: June 21, 2023, Case #: 1:22cv666, NOS: Other Civil Rights - Civil Rights, Categories: Property, Due Process
J. D’Agostino preserves an auto body repair shop’s counterclaims for breach of contract, equitable relief and unjust enrichment asserted against its wholesale paint supplier for allegedly breaching the terms of a supply agreement. The defendant sufficiently alleged it suffered injuries as a result of the litigant’s failure to provide it with various paint equipment as required under the agreement, as well as forcibly replacing valuable equipment that plaintiff owned.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: May 24, 2023, Case #: 5:22cv281, NOS: Other Contract - Contract, Categories: Contract