9 results for 'judge:"Vyskocil"'.
J. Vyskocil dismisses this class action against the state alleging that individuals with intellectual disabilities faced long delays in moving from restrictive institutional facilities to community-based residential settings. Since filing the complaint, all class members have been found placements, so the case shall be dismissed for lack of jurisdiction.
Court: USDC Southern District of New York, Judge: Vyskocil, Filed On: February 20, 2024, Case #: 1:22cv5045, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Health Care, Agency, Class Action
J. Vyskocil denies the investment firm's motion for sanctions against the consultant firm's former counsel, Gibson Dunn, in a suit alleging the consultant was hired by the nation of Qatar to hack into the investment firm's principal's email servers to smear his reputation. The firm reasonably believed a partner's claim that she did not learn any confidential information regarding issues relevant to this action while serving as a Senior Assistant Special Counsel in Special Counsel Robert S. Mueller's office. Therefore, it found no conflict of interest that would bar its representation of the consultant firm.
Court: USDC Southern District of New York, Judge: Vyskocil, Filed On: November 15, 2023, Case #: 1:19cv11861, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Procedure, Racketeering
J. Vyskocil grants Sotheby's motion to dismiss conversion claims stemming from the sale of a drawing by artist Jean-Michel Basquiat. The auction house has not ignored the woman's ownership claim, and rescinded the sale, holding the drawing until a court determined rightful ownership of the work. Further, even if a former employee stole the drawing, the three-year limitations period for a conversion claim has long expired.
Court: USDC Southern District of New York, Judge: Vyskocil, Filed On: November 1, 2023, Case #: 1:22cv10406, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Property, Conversion
J. Vyskocil denies an employee’s motion to further amend her pleading in her complaint against her employer for allegedly discriminating against her for becoming pregnant and for her subsequent cancer diagnosis. More than two years after the initial filing, she seeks leave to amend and make new allegations that the company pays women less than men; but the employee offers no reasonable explanation for the substantial delay in bringing forth the pay claim. Granting her motion would only serve to further delay resolution of the original complaint.
Court: USDC Southern District of New York, Judge: Vyskocil, Filed On: September 22, 2023, Case #: 1:21cv02644, NOS: Employment - Civil Rights, Categories: Employment Discrimination
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J. Vyskocil grants a government office’s motion for summary judgment in this matter concerning materials requested under the Freedom of Information Act (FOIA). A law firm that brings civil actions on behalf of American victims of terrorism requested information on three entities from the Office of Foreign Assets Control of the the United States Department of Treasury (OFAC). The materials provided to that law were were heavily redacted, and the some documents were withheld altogether with OFAC citing multiple FOIA exemptions and national security as the reason. The law firm argues OFAC inadvertently disclosed that it withheld two publicly available press releases, and the law firm contends OFAC does not understand and potentially misapplied FOIA exemptions. The instant court finds the law firm’s arguments lack merit, and finds that OFAC’s redactions and withholdings are supported by confidential affidavits.
Court: USDC Southern District of New York, Judge: Vyskocil, Filed On: September 12, 2023, Case #: 1:19cv405, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Public Record
J. Vyskocil finds in favor of New York University against the student's claim that the university expelled him based on a flawed investigation of sexual harassment claims made by another student. The student's argument that the university was biased in favor of the other student due to her gender is not sufficient. He claims that he was told that any complaint he made would only be considered once the other student's complaint was resolved, which only further supports the argument that the university based its decision on who made the complaint first, not the gender of the complainant.
Court: USDC Southern District of New York, Judge: Vyskocil, Filed On: August 17, 2023, Case #: 1:20cv1343, NOS: Education - Civil Rights, Categories: Civil Rights, Education