12 results for 'judge:"Seibel"'.
J. Seibel denies a hotel’s motion to stay the court’s remand order in this matter of alleged violations of municipal code and zoning law. A town sued a hotel for violating construction and zoning laws arising out of a plan to use the hotel to house asylum seekers for a period of four months. The town filed a motion for the matter to be remanded to state court, which was granted, but the hotel argues the matter is under federal jurisdiction as it is a civil rights matter. The instant court finds the hotel has not presented sufficient evidence to support granting a stay.
Court: USDC Southern District of New York, Judge: Seibel, Filed On: April 8, 2024, Case #: 23cv4212, NOS: General - Habeas Corpus, Categories: Civil Rights, Municipal Law, Zoning
J. Seibel grants a hospital’s motion to dismiss a former employee's claims that her allergic reaction to the flu vaccine is a disability under the Americans with Disabilities Act (ADA) and prevents her from receiving the COVID-19 vaccination required by the hospital. Her claim that the hospital failed to accommodate is unsubstantiated, as she requested a vaccination exemption, which the hospital was willing to consider, but the employee failed to provide the necessary documentation. Additionally, she was not the subject of an adverse employment action, as she voluntarily resigned to care for her family. The instant court finds the former employee failed to substantially support her claims.
Court: USDC Southern District of New York, Judge: Seibel, Filed On: April 8, 2024, Case #: 23cv6152, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Seibel grants the company's motion to dismiss a consumer fraud class action alleging that its Tide laundry detergent, including Tide 2.72 liter liquid detergent, falsely claims to clean 64 loads of laundry. The term "load" is ambiguous, as consumers might have widely varying conceptions of the size of a load. Further, the produce clarifies this statement on the back of the bottle as meaning 64 "medium" loads. A reasonable consumer would therefore not believe the produce contained enough detergent for 64 full loads of laundry.
Court: USDC Southern District of New York, Judge: Seibel, Filed On: January 2, 2024, Case #: 7:22cv10025, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
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J. Seibel approves of the consent decree between the Washington cabinet store and the New York cabinet store, which states that the New York cabinet store's marketing of "Cabinets To Go" infringes on the Washington cabinet store's existing trademarks. Among other stipulations, the New York cabinet store and its officers are restrained from marketing the "Cabinets To Go" marks, names or similarly confusing designations.
Court: USDC Southern District of New York, Judge: Seibel, Filed On: August 17, 2023, Case #: 7:23cv3732, NOS: Trademark - Property Rights, Categories: Settlements, Trademark