22 results for 'judge:"Kahn"'.
J. Kahn preserves a false advertising class action claiming the back packaging on Ancient Nutrition-brand supplemental protein drinks misleads consumers by not providing a daily percentage value for protein. The lawsuit was previously dismissed based on a finding that the consumers' claims were preempted by the Food, Drug and Cosmetic Act, but their second amended complaint overcomes preemption by sufficiently claiming the labeling violates state law.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: May 29, 2024, Case #: 5:21cv390, NOS: Other Contract - Contract, Categories: Preemption, Class Action, False Advertising
J. Kahn finds that the district court properly held that a school district did not violate a student's due process rights by denying a medical exemption from the Covid-19 masking mandate because the student's fundamental rights had not been violated, and the mandate was reasonably related to legitimate health and safety concerns. However, the court improperly held that administrative remedies had not beeen exhausted when such was not required to bring disability claims alleging failure to accommodate the student's asthma. Affirmed in part.
Court: 2nd Circuit, Judge: Kahn, Filed On: April 25, 2024, Case #: 23-582-cv, Categories: Ada / Rehabilitation Act, Education, Covid-19
J. Kahn preserves a high school student’s equal protection claim against his school’s varsity baseball coach, who allegedly denied him a spot on the team on the basis that he is biracial. The litigant, in an attempt to establish an inference of discrimination, proffered a selection of white players who were selected for the team despite lower athletic scores, but the court is unable to conclude whether those players are sufficiently comparable and leaves that question to a jury. The court dismisses the district’s superintendent and athletics director from the case, finding they were not personally involved in the decision not to select him for the team.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: April 17, 2024, Case #: 1:22cv756, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Equal Protection
J. Kahn declines to dismiss on jurisdictional grounds a breach of contract complaint against a California-based security services company, who was sued by a consultant for allegedly failing to pay him his 5% commission fee for helping with the sale of its company. The company waived its right to challenge the consultancy agreement’s forum selection clause designating New York courts as the preferred venue.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: April 11, 2024, Case #: 1:23cv1408, NOS: Other Contract - Contract, Categories: Jurisdiction, Venue, Contract
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J. Kahn dismisses a health care provider and various union officials from an employment discrimination and wrongful termination complaint brought by a self-represented hospital employee, who alleges he was denied accommodations for an unspecified disability and was the target of a conspiracy to terminate his employment because he is a practicing Muslim. Many of his claims lack a private right of action or cannot be brought against private individuals, and he fails to list his union as a defendant or identify a disability he reportedly suffers from. The rest of his claims lack any substantive detail to survive dismissal. The court further orders him to prove service was made on the 10 remaining individual defendants or the remainder of his claims will be dismissed.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 28, 2024, Case #: 1:23cv264, NOS: Labor/Management Relations - Labor, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Kahn denies in part summary judgment to a New York County sheriff’s department and preserves claims alleging it discriminated against a disabled Black and Puerto Rican corrections officers when it arrested, charged and issued disciplinary charges against her after discovering she had brought her personal cellphone into the county prison, which the prison considers contraband. The court finds a jury could conclude that because a white, non-disabled cook who violated the same policy was not reprimanded to the same degree, a jury could find the prison acted with discriminatory intent. However, her claim for malicious prosecution was dismissed because the prison had reasonable cause to arrest and charge her.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 22, 2024, Case #: 1:18cv941, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Equal Protection, Employment Discrimination
J. Kahn vacates a prior entry of default entered against an art gallery after it failed to respond to claims that it owes a New York-based visual artist more than $635,000 for helping sell his works at its gallery. The court finds the default was not willful, the gallery’s defenses against the allegations have merit and the order would not unfairly prejudice the artist.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 15, 2024, Case #: 1:23cv557, NOS: Other Contract - Contract, Categories: Contract
J. Kahn declines to enter judgment on a self-represented former construction manager’s remaining disability discrimination claim and preserves the claims for a jury trial. His employer, a construction company, fails to establish conclusively that it fired him on the basis of his performance and not due to an injury he suffered while moving a large saw. As well, the parties dispute the scope of the employee’s injuries, whether they severely limited his ability to perform his job and whether he was experienced and qualified enough to perform his work as a construction manager with or without an accommodation.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 15, 2024, Case #: 1:20cv571, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Kahn enters default judgment against an Algerian-based company on claims that it failed to pay the litigant $8 million for technology-related services performed under an agreement originally formed in 2003. The court finds the claims timely and the foreign company’s actions were willful. The court awards the litigant an additional $18 million in interest, for a combined total of $26 million in damages.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 6, 2024, Case #: 5:17cv424, NOS: Other Contract - Contract, Categories: Damages, Contract, Technology
J. Kahn dismisses a false advertising class action against the manufacturer of a powdered bone broth nutritional product, claiming it failed to inform consumers that the 20 grams of protein advertised on the front label are mostly indigestible. The Food, Drug and Cosmetic Act does not explicitly require products to include a Protein Digestibility Amino Acid Score and does not provide a private right of action for their claims regarding the lack of a daily percentage value listing for protein on the product's back label.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: September 15, 2023, Case #: 5:21cv390, NOS: Other Contract - Contract, Categories: Class Action, False Advertising
J. Kahn finds that the district court properly dismissed civil rights claims concerning continued deductions of union dues from a school bus driver's paycheck after she left two unions because Supreme Court precedent cited by the driver affected deductions from non-union members, while she willingly became a member and agreed to pay dues through a set period. Affirmed.
Court: 2nd Circuit, Judge: Kahn, Filed On: September 5, 2023, Case #: 22-2743-cv, Categories: Civil Rights, Labor / Unions
J. Kahn finds that the district court properly found for the government and assessed $112,300 in unpaid personal taxes and interest to a married couple. The couple contends the case should not have been sent to the justice department for collections before the IRS formally considered their proposed installment plan, but the premature referral did not invalidate attempts to collect on the tax debt. Affirmed.
Court: 2nd Circuit, Judge: Kahn, Filed On: August 30, 2023, Case #: 22-1566-cv, Categories: Civil Procedure, Tax
J. Kahn enters judgment in favor of a group of Albany city police officers on a self-represented litigants unlawful search and seizure claims alleging they executed a fraudulent warrant to search his friend’s apartment building, finding the warrant was valid and that they did not exceed its scope. However, the court declines summary judgment on his claims for illegal cavity search and failure to intervene after finding cocaine and other drug-related paraphernalia at the apartment and subsequently performing a cavity search on his person, finding the reasons the investigators provided justifying the search to be in dispute.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: August 30, 2023, Case #: 1:20cv1153, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Kahn denies summary judgment to Ithaca College and the college’s head football coach on a student’s negligence claims stemming from a concussion he suffered during preseason football practice. The court finds there are genuine disputes as to whether the student was forced to participate in practice sessions that ran beyond the limit for students going through the program’s acclimatization period, which would have exposed him to risks beyond those inherent to the sport.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: August 28, 2023, Case #: 3:21cv459, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Education, Negligence
J. Kahn declines to dismiss a self-represented litigant’s unjust enrichment claim after it was reinstated on appeal. The litigant’s amended complaint, despite its numerous confusing and unhelpful details, sufficiently alleges the defendant failed to return a litter of Bernese Mountain pups valued at $176,114.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: July 28, 2023, Case #: 1:20cv521, NOS: Other Contract - Contract, Categories: Fraud, Contract
[Consolidated] J. Kahn denies in part a motion to dismiss two individuals' separate excessive force and failure to intervene claims brought against Ithaca city police officers stemming from their arrests for their involvement in a fist fight with a belligerent passerby in the city's downtown Commons shopping area. Both sufficiently allege the officers' use of force in their respective arrests was unreasonable.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: July 26, 2023, Case #: 3:22cv507, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Kahn finds that the district court properly confirmed an arbitration award issued under a bilateral investment treaty between Libya and the Republic of Cyprus. Libya contends the court should have independently reviewed arbitrability of claims concerning the nationalization of a Cypriot factory in Tripoli, but Libya previously agreed to submit questions about arbitrability to the international chamber of commerce. Affirmed.
Court: 2nd Circuit, Judge: Kahn, Filed On: July 12, 2023, Case #: 22-825-cv, Categories: Arbitration, International Law
J. Kahn dismisses an independent agricultural educator's Title IX erroneous outcome claim alleging the school district imposed improper disciplinary action on the basis of his gender after it wrongly concluded he had sexually harassed a female student during a lesson. While he has standing to bring claims under Title IX even though he is an independent contractor and has shown that the school district found no evidence or witness testimony to corroborate the alleged victim's accusations, he fails to allege gender was a motivating factor for the school's actions.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: June 30, 2023, Case #: 1:22cv1109, NOS: Education - Civil Rights, Categories: Education
J. enters default judgment against a supplier of promotional items on claims that it infringed the photography licenser's copyrighted photograph without its consent. The court orders the supplier to pay $23,976 in statutory damages and issues an injunctive prohibiting the supplier from further infringing on the licenser's copyrighted works.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: June 28, 2023, Case #: 1:22cv1270, NOS: Copyrights - Property Rights, Categories: Copyright