31 results for 'judge:"Vilardo "'.
J. Vilardo rules in part for county officials in claims contending an inmate died from acute respiratory failure for lack of proper supervision because evidence did not indicate that anyone other than a single nurse ordered any actions, that the nurse had a prior track record of failing to follow procedure, or that the county trained medical staff at the holding center with deliberate indifference.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: April 29, 2024, Case #: 1:20cv1689, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Wrongful Death
J. Vilardo allows a security sergeant to continue claims contending he had been given inferior scheduling opportunities and subsequently fired after complaining that he had been mocked based on his age and hearing disability and that coworkers had been illegally eavesdropping and recording conversations. Demeaning remarks had been made at a meeting several years before the alleged adverse actions occurred, and an incident in which the sergeant passed out concerned a one-time medical incident, not a disability. However, the complaint plausibly alleges the security sergeant was mocked and ostracized due to his hearing disability, and he had been fired less than four months following the investigation into retaliation claims.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: April 15, 2024, Case #: 1:20cv1861, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Vilardo rules against an elevator company in claims contending an elevator malfunctioned and slammed down, causing a correction officer "serious injuries," because questions remain as to whether maintenance records were complete and accurate, and evidence does not support the theory that, since the safety mechanism had not been triggered, a sudden drop had not occurred.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: March 30, 2024, Case #: 1:18cv333, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability
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J. Vilardo finds for a company accused of firing an employee for complaining about race and age discrimination because the record does not indicate that a supervisor's criticism of food "from Olive Garden or Red Lobster" had been racially motivated, and the complaint does not elaborate as to how the employee had been retaliated against. Meanwhile, the company plausibly contends the employee had been fired due to problems with her management style and for failing to comply with sanitation procedures.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: March 29, 2024, Case #: 1:20cv632, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Vilardo allows plaintiff to continue certain pro se claims contending an employee faced a hostile work environment due to her race and had been suspended her without pay after she refused to undergo an evaluation. She also contends the employer failed to properly calculate her accrued vacation and forced her to work in dangerous conditions with mentally ill patients, but the claims against the employees and officers are duplicative of claims against the city, while many others are conclusory. Claims that refer to events that happened the day after she filed administrative charges should continue.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: March 13, 2024, Case #: 1:22cv725, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Vilardo rules against an ex-wife in interpleader claims seeking to determine whether an insurer owes death benefits following the death of the beneficiary because neither the separation agreement nor the divorce judgment referenced the life insurance policy, and child support was not extended following the beneficiary's death.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: February 27, 2024, Case #: 1:22cv611, NOS: Insurance - Contract, Categories: Insurance
J. Vilardo declines to stay claims contending debt collectors used threats and misrepresentations to coerce payments from consumers. The U.S. Supreme Court is expected to rule on the agency's funding structure this summer, but the agency has an interest in enforcing consumer protection laws, and performing discovery prior to the court ruling would not be unduly burdensome.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: February 26, 2024, Case #: 1:22cv29, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Debt Collection, Discovery
J. Vilardo transfers claims contending a company had been induced to purchase medical grade nitrile gloves, that most of the gloves had not been shipped, and that the gloves that had been received were of poor quality. One company is headquartered in Buffalo, but evidence did not indicate meetings or negotiations took place in the relevant district, while the contract dispute at the heart of the complaint concerns events that occurred in Manhattan.
Court: USDC Western District of New York, Judge: Vilardo, Filed On: February 12, 2024, Case #: 1:22cv892, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Venue, Racketeering
J. Vilardo denies a motion in which restaurant company Wahlburgers, which is accused of being handicap-inaccessible, sought to file a corporate disclosure statement under seal. The statement is essential to determine whether the court has judicial power over the case, and the company failed to demonstrate the corporate structure and ownership information would damage the business if made public.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: January 16, 2024, Case #: 1:23cv1299, NOS: Other Fraud - Torts - Personal Property, Categories: Ada / Rehabilitation Act, Privacy, Discovery
J. Vilardo allows plaintiff to continue pro se claims contending officials forcibly removed and falsely charged him after warning him to stop filming a local government building on his cell phone because it would be premature to decide whether plaintiff's removal had been reasonable, and thus the court cannot yet determined whether plaintiff refused a lawful order. Meanwhile, plaintiff may amend his complaint to allege government officials lacked training regarding constitutional issues.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: September 8, 2023, Case #: 1:22cv75, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Vilardo allows plaintiff, a podiatrist who worked for an LLC wholly owned by defendant, to continue claims contending defendant reused single-use medication vials and solicited unearned payments. Plaintiff implicitly admits he did not know whether defendant utilized partially used medication for Medicare or Medicaid payments or inflated federal or state bills, but he established he had been immediately fired after bringing his concerns to federal and state officials.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: June 20, 2023, Case #: 1:20cv505, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims, Whistleblowers