7 results for 'judge:"Nardini"'.
J. Nardini finds that the district court improperly held that a supermarket chain had not exhibited discriminatory animus upon firing a store manager because her admission that she had falsified food logs did not resolve whether the stated reason for termination constituted pretext for discrimination, as the manager's claims that certain remarks by her direct supervisor indicated gender bias raised questions of "mixed motives," which, under precedent, may provide evidence of an adverse action against a protected class.
Court: 2nd Circuit, Judge: Nardini, Filed On: March 26, 2024, Case #: 23-238, Categories: Employment Discrimination
J. Nardini finds that the district court properly held that an exception to the Foreign Sovereign Immunities Act applied when Manhattan homeowners sued for damages from construction work at the Sierra Leone Mission next door. The mission was entitled to sovereign immunity as an embodiment of a foreign state, but subject matter jurisdiction existed under the commercial activity exception because the mission acted as a "private player" in the market by engaging a contractor to carry out renovations. Affirmed.
Court: 2nd Circuit, Judge: Nardini, Filed On: March 25, 2024, Case #: 22-1645, Categories: Jurisdiction
[Consolidated.] J. Nardini finds that the district court properly dismissed class claims contending hospitals paid kickbacks to vendors concerning fees charged to patients seeking copies of medical records. No right of private action exists for unjust enrichment under public health law that requires per-page charges, and the same applies to allegations that the fee structure was deceptive under New York general business law. Affirmed.
Court: 2nd Circuit, Judge: Nardini, Filed On: January 29, 2024, Case #: 22-2928, Categories: Health Care, Business Practices, Class Action
[Consolidated.] J. Nardini finds that the district court properly imposed $312,000 in sanctions against a law firm that filed a mass-action lawsuit on behalf of former wrestlers who contend they suffered traumatic brain injuries and other torts from their time in the WWE ring. Opportunities to amend the action were ultimately dismissed, but the law firm wasted court time and resources by "persisting" in raising allegations that "lacked any factual basis." The WWE requested higher sanctions, but the award amount met the "forum rule" by reflecting prevailing hourly attorney fee rates. Affirmed.
Court: 2nd Circuit, Judge: Nardini, Filed On: August 28, 2023, Case #: 21-3127-cv (L), Categories: Sanctions, Tort, Class Action
J. Nardini finds that the district court improperly denied a Lebanese bank's request to be removed from claims of aiding Hezbollah in terrorist attacks in Iraq that injured and killed Americans. The timing of the action in light of the bank's acquisition and liquidation by the Lebanese central bank did not preclude an attempt to seek dismissal on grounds of foreign sovereign immunity. On remand, a determination should be made on whether the bank now is an instrumentality of a foreign sovereign.
Court: 2nd Circuit, Judge: Nardini, Filed On: August 24, 2023, Case #: 21-2019, Categories: Terrorism, Immunity, Banking / Lending
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J. Nardini finds that the district court improperly dismissed a request to confirm a rabbinical court's arbitration award on a money dispute for lack of subject matter jurisdiction. While the arbitration agreement had a forum selection clause requiring confirmation in state court, diversity of citizenship was adequately pleaded to allow federal consideration. Furthermore, since the clause was not mandatory, proceedings could continue in the district court. Vacated.
Court: 2nd Circuit, Judge: Nardini, Filed On: July 24, 2023, Case #: 22-1747, Categories: Arbitration, Jurisdiction
J. Nardini finds that defendant, who otherwise received representation by counsel, should be denied consideration of a pro se brief in an appeal from the dismissal of several indictments stemming from two 1998 U.S. Embassy bombings in Africa. Defendant, who had not gone to trial on terrorism charges after pleading guilty to attempted murder of a prison guard, either sought to go to trial or dismissal of the indictments with prejudice to avoid their being used to justify alleged special holding measures. But no right to "hybrid" counseled/pro se representation exists, as each present different operating requirements, and nothing in defendant's case would justify supplementing the record.
Court: 2nd Circuit, Judge: Nardini, Filed On: July 20, 2023, Case #: 21-2442 (L), Categories: Self Representation, Terrorism