32 results for 'judge:"Ross"'.
J. Ross finds a Long Island surgical practice’s claims against a union benefits fund for breach of contract and unjust enrichment, alleging failure to provide reimbursement for medical services, are preempted by ERISA and declines to remand the case back to state court.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: April 10, 2024, Case #: 2:23cv6145, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract, Labor / Unions
J. Ross denies the defendant consultants' motion to dismiss claims related to a fraudulent wire transfer. Several defendants named by the insurer reside in Missouri, and personal jurisdiction over the consultants is proper in Missouri because, under RICO, the insurer need only show that they have minimum contacts with the U.S.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: April 2, 2024, Case #: 4:22cv1391, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Fraud, Racketeering
J. Ross denies both parties motions' for summary judgment in an ERISA suit seeking unpaid contributions from three interrelated construction companies. There is ample evidence for a jury to find that the three companies share a single owner, some managers, and share equipment. In addition, evidence suggests that one company siphoned off work from a related company within the iron worker trade jurisdiction in order to avoid paying required contributions to the fund. These disputes of material fact are properly resolved at a trial.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: March 29, 2024, Case #: 4:21cv223, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Corporations, Erisa
J. Ross grants partial summary judgment to New York and three detectives who arrested and prosecuted a man for multiple traffic violations and drug possession, finding his false arrest and false imprisonment claims fail because the police had arguable probable cause to arrest him. Only his malicious prosecution claim related to his excessively tinted windows — not the claims pertaining to his drug possession or obstruction of governmental administration — and his excessive force claims arising from their decision to forcibly remove him from the car survive the motion.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: March 28, 2024, Case #: 1:21cv285, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
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J. Ross dismisses Travelers insurance company from a declaratory relief action that seeks defense and indemnification coverage for an underlying personal injury lawsuit. The subcontractor’s insurance policy does not list the litigants as additional insureds, therefore they are not entitled to relief.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: March 5, 2024, Case #: 1:23cv7848, NOS: Insurance - Contract, Categories: Insurance
J. Ross dismisses a general contractor’s third-party complaint and counterclaims that seek to shift liability for claims under the Fair Labor Standards Act to a separate subcontractor, plus hold it liable for shoddy painting work and broken equipment. The general contractors’ counterclaim for fraud provides only conclusory allegations, and its negligent workmanship fails to meet the requirements as either a negligence or contract claim. The court further declines to grant its claim for implied indemnification or declare the subcontractor as the laborers’ employer.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: February 15, 2024, Case #: 1:22cv4356, NOS: Fair Labor Standards Act - Labor, Categories: Fraud, Negligence, Labor
J. Ross grants the Securities and Exchange Commission’s motion for final judgment and orders iFresh, a chain of Asian shopping markets on the East Coast, to disgorge over $1 million in ill-gotten gains and to pay $104,585 in pre-judgment interest and $550,000 in civil penalties after settling claims for federal securities violations. The shopping chain was accused of failing to disclose to investors over $12 million in payments to third parties owned and controlled by the company’s owner and his brother.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: February 5, 2024, Case #: 1:22cv3200, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Ross partially reverses the imprisoned man's conviction for escape from custody, and dismisses an appeal of drug- and ammunition-possession charges. The imprisoned man has made no arguments supporting his notice of appeal for the drug and ammunition charges, but the district court abused its discretion in failing to instruct jurors that the state was required to prove that the prisoner's failure to return to custody following a furlough for his mother's funeral was voluntary and intentional. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Ross, Filed On: February 5, 2024, Case #: A23-0128, Categories: Escape, Jury Instructions
J. Ross affirms a woman's indecent-exposure conviction for exposure of her breasts in a convenience store. Female breasts are "private parts" under Minnesota's indecent-exposure prohibition, apart from a statutory exclusion for breastfeeding. The woman's conduct, directing attention to her breasts and comparing her conduct to her employment at a strip club, also supports the contention that her self-exposure was lewd. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Ross, Filed On: February 5, 2024, Case #: A23-0158, Categories: Sex Offender, Public Indecency
J. Ross affirms the defendant's criminal sexual conduct conviction. The state presented sufficient evidence to support the venue of the defendant's trial, namely the county from which his victim had recently run away and later returned rather than the intended destination of her flight. The defendant's argument that the child intended to reside outside of her home county is irrelevant and "rests largely on conjecture." A postconviction court also properly rejected the defendant's arguments that the state violated his due-process rights by failing to disclose juvenile-protection orders and that the court did so by refusing to appoint advisory counsel. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Ross, Filed On: January 29, 2024, Case #: A22-0054, Categories: Sex Offender, Jurisdiction
J. Ross dismisses a complaint brought by two property developers that alleges officials for an Eastern Long Island township withheld the release of two performance bonds in connection with two separate housing developments until certain tasks not originally included in the bonds were completed. The court finds applicable town and state law grant the township a great deal of discretion over whether to release a developer from a performance bond, and the developers are not entitled to the release of their bonds.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: January 17, 2024, Case #: 2:22cv7834, NOS: Other Statutory Actions - Other Suits, Categories: Construction, Property, Zoning
J. Ross, ruling on summary judgment, preserves a female office assistant’s employment retaliation claim that alleges the commissioner for town of Hempstead’s general services department transferred her to a different, less desirable department after she reported him for sexual harassment. Disputes remain as to whether the transfer constituted an adverse employment action and whether or not her decision to accept the transfer was voluntary. The court, however, finds in favor of the department on her quid pro quo sexual harassment claim that claims the commissioner acted to prevent her promotion after she rejected his dinner invitation, finding the commissioner had no authority to approve or deny a promotion.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: January 8, 2024, Case #: 2:21cv964, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Retaliation
J. Ross declines to reconsider a prior ruling that partially dismissed investors’ claims in a securities fraud class action suit against Virgin Galactic and its principals related to their troubled space tourism venture. The court reaffirms its ruling that found statements that described a 2019 test flight in which the spaceship veered off course for a short period during its descent stage as traveling “safely to space and back” and which were again referenced in a press released 10 months later were not actionable because they were made before the class period began. The court further reaffirms its decision to dismiss insider trading claims against Virgin Group’s founder, Richard Branson, which alleged he sold his company shares based on his knowledge that a 2021 flight encountered serious problems. Finally, the court denies their motions for certification and entry of final judgment which prevents them from appeal the court’s decision at this stage.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: December 19, 2023, Case #: 1:21cv3070, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Ross denies the company's motion to dismiss a consumer's class action alleging violations of the Telephone Consumer Protection Act. The consumer claims he received multiple text messages encouraging him to use the company's service to sell his home, but he never consented to receiving the text messages. The messages were not merely an offer to purchase the consumer's home, but to provide a service for an effective fee. Therefore, the TCPA claims may proceed.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: December 15, 2023, Case #: 4:23cv126, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, Class Action
J. Ross preserves, on a motion to dismiss, an investigative reporter’s First Amendment claim that alleges Nassau County violated his right to freedoms of press and speech and equal access. He claims a member of the county legislature, during a public meeting regarding proposed plans for the Las Vegas Sands Casino, barred him from an area of the room dedicated to members of the press and subsequently removed him from the meeting. The reporter adequately alleges the county’s actions were in retaliation for comments he made several hours prior during a public comments portion of the meeting.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: December 7, 2023, Case #: 2:23cv4286, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. Ross dismisses, for lack of subject matter jurisdiction, a lawsuit alleging breach of contract, embezzlement and fraud claims against a Chinese national stemming from an investment to help finance the purchase of a shopping center located in Florida. The court adds to the complaint the LLC overseeing the purchase, finding it a necessary and indispensable party, but in doing so destroys diversity between parties.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: October 20, 2023, Case #: 1:23cv2787, NOS: Stockholders’ Suits - Contract, Categories: Fraud, Jurisdiction, Venue
J. Ross reverses the driver's conviction for operating a motor vehicle while using a cellular device, finding that the driver was neither "reading an electronic message" or "engaging in a cellular phone call" when he picked up his phone to view the caller-identification information of an incoming spam call. The driver's argument that a 2021 amendment to the driver's-license-suspension statute requires vacation of his driving-while suspended conviction fails, however, since the amendment did not decriminalize driving with a suspended license. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Ross, Filed On: August 28, 2023, Case #: A22-1444, Categories: Evidence, Vehicle
J. Ross rejects a motion for summary judgment and preserves a putative class action suit filed against an independent energy service company with claims for breach of contract alleging it violated the terms of its variable rate plan when it charged unreasonably high rates for electricity usage. The defendant fails to show that its customers’ rates were determined solely by its actual and estimated supply costs and not a combination of other metrics the plaintiffs have proposed in its complaint that were not expressly allowed under the agreement.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: August 14, 2023, Case #: 1:18cv2949, NOS: Other Contract - Contract, Categories: Energy, Class Action
J. Ross Affirms the district court's decision to apply the lodestar method in determining a reasonable amount of a landowner's attorney fees in an eminent-domain proceeding. Attorney fee awards in such proceedings are not limited by the amount a landowner would owe an attorney under a contingency-fee agreement.
Court: Minnesota Court Of Appeals, Judge: Ross, Filed On: August 7, 2023, Case #: A23-0036, Categories: Property, Attorney Fees
J. Ross grants the management firm's motion to dismiss RICO claims stemming from the alleged fraudulent diversion of $2.2 million from Fidelity's escrow account, but denies its motion with respect to Fidelity's conspiracy claim. Fidelity has not alleged that the defendants' acts were open-ended and continuous, rather than a one-time scheme, in order to support its RICO claim.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: August 7, 2023, Case #: 4:22cv1391, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Racketeering
J. Ross affirms the district court's dismissal of the developer's mandamus petition seeking approval of its conditional use permit application and damages. The city's approval of the application rendered the mandamus petition moot, and granting a petition for an alternative writ of mandamus does not constitute "giving judgment" under a state law governing mandamus damages.
Court: Minnesota Court Of Appeals, Judge: Ross, Filed On: June 26, 2023, Case #: A22-1637, Categories: Municipal Law, Damages