25 results for 'judge:"Nardacci"'.
J. Nardacci denies in part a motion for summary judgment in a wrongful death medical malpractice suit against a federally funded healthcare provider, finding the family estate’s expert witness, a cardiologist, is qualified to provide testimony regarding the decedent’s cause of death. The decedent died from a heart attack brought on by a rare heart condition shortly after he was taken off Clozaril, a medication to treat his mental health condition. However, three of the four healthcare personnel named in the suit are dismissed due to a lack of expert testimony implicating them in decedent’s death.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 29, 2024, Case #: 1:20cv574, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Experts, Wrongful Death, Medical Malpractice
J. Nardacci grants summary judgment to a nursing home facility on a late father’s estate’s negligence and substantive due process claims stemming from the man’s death while under the facility’s care and supervision, but preserves its claims for medical malpractice and federal and state public health law violations for trial. The court rejects the nursing home’s contentions that there is no private right of action against nursing homes under the Federal Nursing Home Reform Act or that it cannot be held liable for the decedent’s injuries.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 29, 2024, Case #: 1:19cv604, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Due Process, Medical Malpractice
J. Nardacci preserves for trial claims that seek to hold a fabric dome installation company liable for the collapse of an air-supported sports dome at Utica College due to excess snow, which resulted in more than $3 million in damages. The court rules that the college’s insurer is entitled to seek compensation for the losses to the college’s equipment located inside the dome, which were damaged in the accident. The court further grants summary judgment to the college’s cleaning services company on the manufacturer’s claims for contribution and indemnification, finding the college’s cleaning company was not responsible for the dome’s collapse.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 12, 2024, Case #: 6:20cv496, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Insurance, Product Liability, Indemnification
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J. Nardacci trims a trade secrets complaint brought by a tugboat services operator that alleges a former employee misappropriated various files related to the company’s tugboats while working for a competitor, such as their tugboats’ respective seaworthiness and what equipment they had onboard. The litigant sufficiently pleads the information constituted trade secrets and that the former employee accessed the information several times while working for the rival firm. Additionally, its claims under the Defense Trade Secrets Act can be imputed to the rival company because the former employee worked as a manager when he allegedly stole the information.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: February 9, 2024, Case #: 1:23cv163, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets
J. Narcaddi denies a motion for a temporary restraining order and a preliminary injunction that would have enjoined New York from issuing any new licenses to operate retail cannabis dispensaries. The complaint alleges the state’s early-entry application process violates the commerce clause because it favors applicants owned by individuals who received convictions on marijuana-related charges in New York while disfavoring those convicted in other states. The court finds the commerce clause does not guarantee a right for dispensaries to participate in an interstate market, which Congress has declared illegal.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: February 2, 2024, Case #: 1:23cv1599, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Commerce, Licensing
J. Nardacci preserves on a motion to dismiss a labor law and employment contract complaint brought by a group of nurse practitioners against a Hudson Valley-based health care provider and two osteopathic medicine physicians alleging unpaid overtime compensation and unused vacation time. The health care provider argued the nurses’ approval of its offer of judgment absolved all defendants of liability on their first claims. However, the court finds the offer resolved claims only brought against the health provider itself, not the individual physicians, and further finds the provider is a joint employer and is thus jointly and severally liable for state and federal labor violations.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: December 15, 2023, Case #: 1:21cv220, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Health Care, Settlements
J. Nardacci dismisses with prejudice a civil rights complaint filed by the parents of a homeschooled child alleging their local school district falsely reported them to child services on suspicions of child educational neglect. The district is immune from liability because the superintendent performed his statutory duty under New York state law by reporting the family after they failed to provide a quarterly report regarding the child’s educational progress.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: November 29, 2023, Case #: 1:23cv388, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Nardacci grants final approval to a class action settlement agreement to resolve a group of maintenance workers’ unpaid wages lawsuit brought against their employer, a property management company. The employer agrees to pay $175,000, plus a $7,500 service fee and $57,750 in attorney fees, to settle claims that it failed to pay their workers’ straight time wages and overtime compensation.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: October 25, 2023, Case #: 5:22cv207, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Nardacci grants final approval to a $1.2 million class action settlement to resolve claims alleging a regional bank located in upstate New York charged improper overdraft fees on customers’ checking accounts, finding the settlement fair and reasonable. The court further awards the litigants $404,792 in attorney fees, representing 33% of the value of settlement.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: October 25, 2023, Case #: 1:22cv390, NOS: Banks and Banking - Other Suits, Categories: Banking / Lending, Attorney Fees, Class Action
J. Nardacci trims a former corrections officers’ civil rights complaint brought against Tioga County and its sheriff’s department alleging they suppressed his speech and forced him to retire after he publicly revealed his intent to run for county sheriff. The court dismisses his claims for municipal liability and all claims brought against the county sheriff’s department, while preserving his claims for First Amendment suppression and retaliation, due process violations as well as his claims for defamation.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: July 19, 2023, Case #: 3:22cv340, NOS: Other Civil Rights - Civil Rights, Categories: Defamation, First Amendment
J. Nardacci grants preliminary approval of a class settlement agreement to resolve claims alleging a commercial bank based in Upstate New York assessed improper overdraft fees on customers’ transactions. Potential class members have until Aug. 24, 2023, to decide whether or not to opt out of the settlement, with the final approval hearing scheduled for Oct. 11, 2023.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: May 26, 2023, Case #: 1:22cv390, NOS: Banks and Banking - Other Suits, Categories: Settlements, Banking / Lending, Class Action