20 results for 'judge:"Kovner"'.
J. Kovner rules against a debtor and its guaranties and finds them liable for the delinquent amounts under a promissory note. The court, however, reserves ruling on Axos Bank’s request for $4.9 million in damages due to several discrepancies with the amounts provided, and orders the bank to submit additional information.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: April 3, 2024, Case #: 1:20cv3549, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Kovner dismisses a group of Brooklyn police officers from a civil rights complaint stemming from criminal charges for the alleged sale of cocaine. The litigant fails to allege the officers involved provided the local district attorney’s office with fabricated evidence, depriving him of a fair trial. The court preserves his remaining Fourth Amendment claim for an unlawful cavity search against New York City, but directs the parties involved to file supplement letters addressing whether his allegations stemmed from an official policy or custom.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: March 29, 2024, Case #: 1:21cv7183, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Kovner dismisses outright a former Army National Guard servicemember’s civil rights complaint filed against various state and federal agencies claiming he was unlawfully separated from the military and denied basic allowance and family separation pay as well as reimbursement for travel expenses. The court finds the Court of Federal Claims has sole jurisdiction over his claims for unlawful separation, and the rest of his claims are either barred by sovereign immunity, fail to state a claim, failed to exhaust all administrative remedies, frivolous or were brought under statutes which do not afford a private right of action.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: March 21, 2024, Case #: 1:22cv6505, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Jurisdiction, Military
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J. Kovner dismisses a securities lawsuit filed by investors in a popular mobile video game company alleging the company failed to disclose that it was in the process of overhauling the code for two of its most successful games which, once became public in a quarterly report, contributed to a 23% drop in its stock price. The investors failed to alleged that, had the company disclosed its revamp plans in its IPO documentation, it would have kept the existing disclosures from being misleading.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: March 18, 2024, Case #: 1:21cv6571, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Kovner dismisses all securities claims against an e-wallets company and their officers, who claim the company made false and misleading statements related to Russian regulation compliances. Some of the accounting information given during earnings calls could be considered somewhat inconsistent, but there is no evidence that this correlated to any losses to investors or served as a violation of securities laws. The court grants leave to the international company for an amended complaint.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: November 3, 2023, Case #: 1:20cv6054, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Kovner denies ExxonMobil’s motion to dismiss two Brooklyn residents’ claims for injuries arising from exposure to an oil spill that had first been discovered in a nearby creak in a heavily industrialized area of Greenpoint in the late 1970s. The litigants claim they were diagnosed with leukemia in 2012 and 2019, respectively, due to their exposure to contaminated water. The court disagrees with ExxonMobil’s arguments and finds the claims are timely.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: September 30, 2023, Case #: 1:21cv5508, NOS: Torts to Land - Real Property, Categories: Environment, Negligence
J. Kovner dismisses a consumer fraud complaint against CVS that alleges it solicited customer donations at checkout for the American Diabetes Association through a fraudulent fundraising campaign. The customer alleges the money he donated effectively went to CVS due to its promise to make up any shortfalls if the total amount donated was less than $10 million. He fails to allege any of statements regarding the pharmacy chain’s promise to contribute were materially misleading or false because the donations did, in fact, go to the ADA in the end.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: September 30, 2023, Case #: 1:22cv3116, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Consumer Law
J. Kovner dismisses a complaint brought against the New York City Department of Finance that alleges the department’s policy of canceling tax refund checks that have not been deposited within six months violates the takings and due process clauses. The litigant, who claims he is attempting to develop a business involving refund check recipients, lacks standing to assert his claims because he has not established a close relationship with those actually affected by the policy.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: September 6, 2023, Case #: 1:22cv2601, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Tax, Due Process
J. Kovner rejects a challenge to the constitutionality of New York City’s Senior Affordable Rental Apartments financing program, claiming it violates due process and equal protection rights. A property developer, who is in the process of developing an affordable housing projected aimed at the elderly homeless population. The developer says the program denied its request to waive its acquisition cost policy which limits financing to the amount equal to the property’s appraisal value at the time it was purchased. The court finds the property developer does not have a protected property interest to the additional financing that it requested.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: August 31, 2023, Case #: 1:22cv3080, NOS: Other Civil Rights - Civil Rights, Categories: Housing, Due Process, Equal Protection
J. Kovner enters judgment in favor of Liberty Mutual on its breach of contract claims, finding a general contractor and its principals liable for $665,084 in unpaid expenses the insurer incurred litigating various claims filed against their surety bonds, which were issued in connection with state-governed construction projects.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: August 21, 2023, Case #: 1:21cv5130, NOS: Other Contract - Contract, Categories: Construction, Insurance, Contract
J. Kovner dismisses a civil rights complaint brought by a Native American against the New York Police Department and Administration for Children’s Services along with a group of named and unnamed police officers which claims the existence of a conspiracy spanning more than 7 years to deprive him of his rights on the basis that he is an alleged member of the Yamasee Nation. His claims related to a 2015 traffic stop are dismissed as untimely, his claims regarding an incident in which authorities raided the house of his children’s mother and detained his children by force are dismissed for lack of standing because he was not actually present during the raid, and lastly his claims for conspiracy are dismissed because he fails to allege the various officers and city agents involved explicitly or implicitly agreed to violate his rights.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: August 16, 2023, Case #: 1:22cv2602, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Native Americans, Police Misconduct
j. Kovner declines to overturn a jury’s verdict that found New York City liable for Fourth Amendment violations and malicious prosecution claims brought by the owner of a string of city-based pawn shops and awarded the owner $1 million in damages. The jury agreed with the owner’s allegations that New York City Police Department had an official policy or custom of seizing their branches’ respective customer buy books plus customers’ collateral without a warrant or consent following the company’s decision to stop participating in the city’s LeadsOnline program. The court finds the jury’s decision was justified based on the evidence presented at trial, including witness testimony regarding damages that claimed the company’s financial losses during the time were a direct result of the department’s actions.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: July 28, 2023, Case #: 1:13cv1686, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Damages, Police Misconduct
J. Kovner rules that New York’s notice-of-claim requirement does not bar a litigant’s state-law claims against NYPD police officers in their individual capacities on the basis that those defendants have not claimed they will seek indemnification from the department. The court preserves the litigants’ state-law claims for false arrest, assault and battery, excessive force and conversion stemming from an altercation in which the officers removed them from their home and seized their property without cause.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: May 15, 2023, Case #: 1:19cv5542, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Assault, Police Misconduct