34 results for 'judge:"Seybert"'.
J. Seybert grants a construction worker’s motion for reconsideration, but again finds he lacks standing to bring claims for wage statement and notice violations against his employer under the Wage Theft Prevention Act. The court subsequently enters default judgment in his favor on his unpaid regular and overtime wages claims and awards him $17,217 in unpaid wages, plus that amount in liquidated damages, as well as pre- and post-judgment interest.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: April 16, 2024, Case #: 2:21cv4959, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages, Labor
J. Seybert preserves claims against a Texas-based product manufacturer alleging it violated an exclusive distribution agreement to sell portable gas detectors and to offer calibration services to plumbing contractors in the New York City metropolitan area when it began offering competing products and services. The court finds the agreement is enforceable and the defendants agreed to be bound by its terms.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 29, 2024, Case #: 2:22cv7845, NOS: Other Contract - Contract, Categories: Unfair Competition, Contract
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J. Seybert trims a 60-year-old disabled veteran’s employment discrimination complaint against a Long Island-based law school and allows a single claim for age discrimination to proceed to discovery. The court finds comments made by one of the interviewers, who said the university wanted someone to remain in the position for several years, could suggest that age was a consideration not to hire the applicant and instead hire a younger, less qualified employee.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 20, 2024, Case #: 2:21cv1345, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Education, Employment, Employment Discrimination
J. Seybert adopts in part a magistrate judge’s report and preserves for trial claims for fraud, rescission and declaratory relief stemming from a home equity sharing agreement. The court agrees with objections filed by two associated entities and dismisses claims for contract rescission against them, finding the claims were premised on fraud allegations that were dismissed.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 20, 2024, Case #: 2:21cv4542, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Property, Contract
J. Seybert sends a class action to arbitration to resolve federal and state labor law claims for unpaid overtime wages and failure to provide wage statements. The litigant claimed he could not be bound by the arbitration agreement because it was not provided to him in Spanish, his primary language. However, the employer presented documentation that shows he signed a document, written in Spanish, that stated he had read and understood the company’s employee handbook, which contained the company’s arbitration agreement; therefore he is bound by the arbitration agreement.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 6, 2024, Case #: 2:21cv4518, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Class Action, Labor
J. Seybert enters judgment in favor against a woman on claims that a Suffolk County detective violated her due process and equal protection rights when he flirted with her over text while investigating claims that she was being stalked and harassed by an unknown person. The court finds the flirtation, while inappropriate, did not rise to the level of violating her constitutional rights. The court also finds the county not liable and dismisses those claims.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 28, 2024, Case #: 2:19cv4527, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Equal Protection, Police Misconduct
J. Seybert preserves a trademark infringement lawsuit against a canned produce seller for its use of the “Backyard Food” trademark in connection with the sale of pickled food products. The court rules the litigant’s almost six-year delay in bringing suit does not warrant dismissal because it requires additional fact-finding analyses, which are generally recommended on a motion to dismiss.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 26, 2024, Case #: 2:22cv4342, NOS: Trademark - Property Rights, Categories: Trademark
J. Seybert adopts a magistrate judge’s order, preserving claims for money had and received, unjust enrichment and equitable clawback in a lawsuit alleging various holding and investment companies illegally diverted $1.45 million of a company’s assets following its dissolution in exchange for a $4.5 million loan. The defendants fail to allege enough facts in their objections that would conclusively show the former company did not legally possess the funds when they were transferred.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 21, 2024, Case #: 2:20cv1166, NOS: Commerce - Other Suits, Categories: Corporations, Banking / Lending
J. Seybert approves in full a magistrate judge’s report and recommendation and tosses a teacher’s putative class action with claims for fraud, unpaid wages, deceptive business practices and retaliation against an online teaching platform. He alleges the platform engaged in fraud by enticing him to provide English language instruction to students living in China in order to obtain his biometric data for use in its AI technology without his knowledge or consent. The teacher’s claims against the online teaching platform are bound by his arbitration agreement and all other claims against affiliated entities are dismissed for lack of jurisdiction.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: January 25, 2024, Case #: 2:20cv6370, NOS: Other Labor Litigation - Labor, Categories: Class Action, Employment Retaliation, Labor
J. Seybert awards an annuity fund administrator $273,209 in ERISA withdrawal liabilities on its ERISA claims against a Manhattan-based real estate investment firm, along with $159,517 in prejudgment interest and $655,587 in attorney fees. The court further finds the firm’s principal personally liable for the claims and awards the administrator an additional $358,862 in damages, plus $404,029 in prejudgment interest.
Court: USDC Northern District of New York, Judge: Seybert, Filed On: December 6, 2023, Case #: 2:15cv4108, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Damages, Attorney Fees
J. Seybert denies an intervention motion filed by one of the officers of a software developer seeking to appear on behalf of the developer in a breach of contract lawsuit, finding the motion procedurally deficient. The officer was disqualified as the developer's counsel under the court's advocate-witness rule and sought reinstatement on the basis that he had a "perfected lien" in the outcome of the action.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: November 16, 2023, Case #: 2:21cv1898, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Seybert denies a motion to recuse herself from an attorney’s civil rights action alleging due process violations. The attorney tried to argue the judge’s impartiality would be impacted by a working relationship she had with a defendant while working as a judge at the Nassau County District Court over 30 years ago, when the defendant was working as a court officer in the same location. However, the judge has no recollection of the defendant and their relationship at the time was simply professional.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: November 8, 2023, Case #: 2:22cv7398, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Judiciary, Due Process
J. Seybert grants, in part, a motion to strike, in preparation to rule on a motion for summary judgment, a 54-page affidavit provided by the principal agent of a receiver appointed by the U.S. Small Business Administration to liquidate two debtors’ corporate holdings. The court finds issue with a small portion of the agent’s conclusions as to whether the debtors were aware, should have been aware or had knowledge of matters related to its contracts with the Small Business Administration and strikes those passages from the affidavit.
Court: USDC Eastern District of Virginia, Judge: Seybert, Filed On: September 29, 2023, Case #: 2:17cv3586, NOS: Commerce - Other Suits, Categories: Debt Collection
J. Seybert adopts a magistrate judge’s report and recommendation and dismisses the two remaining claims in a class action federal securities fraud suit that alleged a health food and personal care product manufacturer concealed from investors that its business was declining due to increased competition in a market that it had previously dominated. The court concurs with the magistrate judge’s ruling that the financial statements, which claimed its high sales volume were attributed to strong consumer demand, are not actionable, and further overrules the investors’ objections that argued the company had sufficient knowledge of their omissions or misstatements for purposes of scienter.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: September 29, 2023, Case #: 2:16cv4581, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Seybert dismisses the counterclaims and third-party complaint brought by a technology firm sued by the State University of New York’s research foundation, which successfully had the defendant’s attorneys disqualified. The corporation has since struggled to retain representation and has lacked an attorney for more than a year, and because it cannot proceed pro se, its claims are dismissed involuntarily for want of prosecution.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: September 28, 2023, Case #: 2:22cv1898, NOS: Other Contract - Contract, Categories: Civil Procedure, Technology
J. Seybert preserves a stockholders' suit that alleges a private investment firm dealing in metals commodities made various misrepresentations to lure investors into providing investment funds and then used those funds for personal use and to pay off debts. The firm argues that the investors suffered no actual injuries because they were all given shares in a separate company in exchange for their initial investments, but the investors allege they never received any documents to effectuate the transfer of those shares.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: September 26, 2023, Case #: 2:21cv4444, NOS: Stockholders’ Suits - Contract, Categories: Fraud, Securities
J. Seybert declines to find in favor of the property management firm on a Black receptionist's claims for retaliation and hostile work environment. A jury could conclude that her coworkers' racist comments, including referring to her as "angry Black woman," created a hostile work environment. As well, there are genuine disputes as to whether the firm's reasons for firing her were in retaliation for complaints she made about the behavior or because she was alleged to have engaged in blackmail.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: September 25, 2023, Case #: 2:20cv5432, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation