41 results for 'judge:"Sannes"'.
J. Sannes preserves claims for failure to intervene against two Syracuse police officers stemming from the alleged used of excessive force during the arrest of two local residents, finding material disputes remain as to whether either officer had the opportunity to intervene during the incident. The court however enters judgment in favor of one of the officers on failure to intervene and excessive force claims for actions that took place while transporting the litigants in an ambulance to a local hospital following the arrest, finding he was not involved in any use of force during that time.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: April 24, 2024, Case #: 5:19cv995, NOS: Other Civil Rights - Civil Rights, Categories: Energy, Tort, Police Misconduct
J. Sannes adopts a magistrate judge’s order in full and dismisses an unrepresented litigant’s medical malpractice and disability discrimination claims against an upstate New York health care provider. His claims for medical malpractice are not actionable under the ADA or the Rehabilitation Act, and he fails to provide any evidence that would suggest discriminatory animus on the basis of a disability. Additionally, the court reaffirms the judge’s order denying his request to make his medical records public, as it would violate the court’s standard practice.
Court: USDC Eastern District of New York, Judge: Sannes, Filed On: April 17, 2024, Case #: 8:24cv27, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Procedure, Ada / Rehabilitation Act, Medical Malpractice
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J. Sannes declines to issue a temporary restraining order which would prohibit a healthcare provider from soliciting clinicians from an anesthesia management company following the litigant’s decision to terminate their agreement for anesthesia services. The court finds the the company’s allegations that patient care will be impacted speculative and conclusory, and further finds any potential losses could be remedied with money damages.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: March 19, 2024, Case #: 5:24cv276, NOS: Antitrust - Other Suits, Categories: Health Care, Restraining Order
J. Sannes rules in favor of Amazon on a patent infringement lawsuit alleging the technology in its Alexa voice-assistant devices infringe on Rensselaer Polytechnic Institute’s natural language processing technology, finding the school’s patent invalid on the basis that the underlying technology contain no inventive concept and is therefore not eligible for patent protection.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: March 18, 2024, Case #: 1:18cv549, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Sannes preserves claims for hostile work environment and Title IX gender discrimination against St. Lawrence University, who was sued by a sociology professor who claims she was drugged and raped by a fellow professor at his off-campus home. The court finds the complaint successfully imputes liability for the sexual assault onto the university under Title XI on the basis of deliberate indifference before and after the assault, and further sufficiently alleges that the alleged perpetrator’s actions after the sexual assault were threatening and constituted a hostile work environment. Additionally, the court trims a countercomplaint filed by the alleged perpetrator and preserves a single claim for defamation regarding Facebook posts she made alleging she was a victim of rape.
Court: USDC Southern District of New York, Judge: Sannes, Filed On: March 14, 2024, Case #: 8:23cv426, NOS: Employment - Civil Rights, Categories: Education, Defamation, Assault
J. Sannes preserves a Black man’s amended civil rights complaint alleging he was wrongfully convicted of rape and sentenced to 16 years in prison. It was discovered later that an assistant district attorney involved in the case coerced the victim into changing whom she believed was the attacker following a lineup procedure. The court finds the assistant district attorney is not entitled to prosecutorial immunity because his duties at the time were investigatory, not prosecutorial, and the county is vicariously liable for his actions. The court also preserves a cross-claim filed by the city of Syracuse against the county and the ADA for contribution, apportionment and indemnification.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: March 11, 2024, Case #: 5:22cv1241, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Immunity
J. Chen preserves federal housing discrimination claims against an architectural firm brought by a group of 28 senior housing complexes as assignees. The court finds claims under the Federal Housing Act can be assigned to a separate entity, and there is insufficient evidence as to whether the assignors were fully compensated for their injuries, which would extinguish their respective claims. The court dismisses their state law housing discrimination claims as abandoned.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: January 29, 2024, Case #: 5:22cv278, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Housing
J. Sannes tosses a constitutional challenge against two provisions under New York’s public health law, the spending mandate and the excess-revenue cap, which set requirements on how state nursing homes can spend their operating revenue. The complaint, filed by a group comprising 250 nursing home operators and three trade associations, argues the provisions constitute an illegal taking and violate a range of constitutional statutes. However, the nursing homes have not yet been fined by the department, nor sought a waiver from the requirements. Their illegal taking claims are not ripe, and they fail to allege the regulations are preempted by federal law or violate their due process rights or the Eighth Amendment’s excessive fines clause.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: January 9, 2024, Case #: 1:21cv1384, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Health Care
J. Sannes denies summary judgment to a lender on claims that a debtor defaulted under a future receivables purchase agreement. The lender fails to provide a physical copy of a notice issued by a debt restructuring firm to support its allegations that the debtor’s bank account had been blocked, which prevented it from withdrawing the required weekly payments and subsequently triggering a default under the agreement.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: January 5, 2024, Case #: 1:21cv1074, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Sannes preserves a single claim for First Amendment retaliation that alleges a group of students were suspended after they participated in a quiet walk-out to protest how their high school was being handled, including mistreatment by the school's principal. Their actions are protected by the First Amendment and there is strong connective tissue between their protesting and their suspensions.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: December 21, 2023, Case #: 3:23cv191, NOS: Other Civil Rights - Civil Rights, Categories: First Amendment
J. Sannes rules on a series of motions to dismiss and preserves one claim for procedural due process against the Village of Lake Placid and its elected officials for allegedly failing to provide two local homeowners sufficient notice of a special public meeting which prevented them from contesting the village’s proposed plans to renovate a nearby school building. The court further preserves an ADA claim for disability discrimination, finding one of the homeowners, who suffers from mobility issues due to multiple sclerosis, successfully alleges she was denied access to the city’s public sidewalks as a result of the ongoing construction work.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: December 11, 2023, Case #: 8:22cv314, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Due Process
J. Sannes culls a self-represented citizen’s civil rights complaint on several motions to dismiss and preserves claims for unlawful search and seizure against Schenectady County and a group of Niskayuna police officers stemming from his arrest at a traffic stop on charges of drug possession, finding he plausibly alleges at an early stage of litigation that the officers did not have probable cause to perform a strip search on him and that they lied by claiming they had a search warrant in order to coerce him into consenting to a search of his house.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: December 11, 2023, Case #: 1:22cv70, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Sannes enters default judgment, in part, against a roofing contractor and finds it liable for a roofer’s unpaid overtime wages. The court awards the roofer $9,800 in both compensatory and liquidated damages, plus $2,306 in attorney fees. However, his claim for failure to issue wage notices and statements was dismissed due to lack of standing.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: November 6, 2023, Case #: 1:23cv504, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Attorney Fees, Labor
J. Sannes dismisses four public officials in Hudson, New York, from a civil rights lawsuit asserting claims for false arrest, unlawful search and seizure, and malicious prosecution stemming from their involvement in a citizen’s arrest on charges of attempted murder with a gun and conspiracy to commit murder. The litigants allege the arrest was part of an ongoing investigation into a local gang called “Men Outta Business.” The two local district attorneys who brought the charges against the litigant are both protected by sovereign immunity, and the litigant fails to allege any personal involvement on the part of the police chief or one of the named police officers.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 13, 2023, Case #: 1:22cv1152, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Immunity
J. Sannes denies a motion for a temporary restraining order and preliminary injunction that seeks to prevent the closure of a family group home located in the city of Kingston, New York. The operator claims the city zoning board’s denial of its special use permit was motivated by discriminatory animus against residents suffering from substance abuse and mental health disorders. However, the court finds their claims will most likely not succeed on the merits because the city proffered enough evidence to show their denial was based on a list of safety hazards that the boarding house ultimately failed to address.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 13, 2023, Case #: 1:23cv1024, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Evidence, Zoning
J. Sannes grants a motion to certify a class action lawsuit against a regional bank for purposes of a settlement and simultaneously grants preliminary approval of the parties’ proposed settlement agreement to resolve claims that the bank applied overdraft fees on customers’ checking accounts even though sufficient funds were available. The court finds the proposed settlement fair, reasonable and adequate and schedules final approval for March 1, 2024.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 13, 2023, Case #: 3:22cv9995, NOS: Other Contract - Contract, Categories: Settlements, Banking / Lending, Class Action
J. Sannes declines to enter default judgment against one of the transportation firms involved in the loss of the litigant’s cargo, which included $70,000 worth of auto parts, during transport from New York to Texas. The court finds several claims are preempted by the Carmack Amendment governing interstate commerce, and the litigant fails to provide any evidence that firmly establishes the contractual arrangement between itself and those involved.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 10, 2023, Case #: 6:22cv1081, NOS: Other Contract - Contract, Categories: Commerce, Transportation, Contract
J. Sannes awards a New York-based gun rights advocacy group $443,601 in attorney fees and $4,099 in costs after the U.S. Supreme Court agreed with their claims and struck down a state law that prevented gun owners from carrying a firearm outside of their homes for self-defense purposes on the grounds that the law violated their constitutional rights. The court finds that, despite the challenges of litigating a case in front of the U.S. Supreme Court, their initial demand of more than $1.2 million is unreasonable, so the court adjusts their hourly rates to better fit with cases in specialized areas of law previously filed in New York federal judicial districts.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: September 22, 2023, Case #: 1:18cv134, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Firearms, Attorney Fees
J. Sannes denies Amazon's motion to dismiss Rensselaer Polytechnic Institute's patent claims alleging Amazon used RPI's natural language processing technologies for use in its Alexa-enabled voice control devices without a license. RPI retained its right to bring claims for patent infringement under its sublicensing agreements and a sublicensee did not transfer away its rights under the agreement when its parent company restructured its debt.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: September 15, 2023, Case #: 1:18cv549, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Sannes dismisses a motion for spoliations sanctions filed by the defendants in a case that seeks liability under CERCLA for the costs addressing a petroleum contamination at a former metal recycling plant in Utica, New York. During litigation, it was discovered that the litigant ordered the destruction of more than 23,000 pounds of documents containing historic records related to the facility, which the court determined was grounds for sanctions. However, the court finds the defendants’ request to dismiss its remaining state law claims, plus a $2.3 million monetary sanction, to be too drastic a penalty, recommending a smaller award for attorney fees based on the time their respective counsels spent to uncover, investigate and litigate the spoliation.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: September 7, 2023, Case #: 6:16cv1523, NOS: Environmental Matters - Other Suits, Categories: Environment, Evidence, Sanctions
J. Sannes preserves, in part, a putative class action consumer fraud lawsuit brought against Adidas which allege their authentic NHL jerseys are not the same as those worn on the ice by professional hockey players. The court finds the individual successfully argued that the apparel manufacturer's use of the word "authentic" is misleading due to differences between the two jerseys' fight straps, fabric thickness, stitching, neck holes and other aspects.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: September 1, 2023, Case #: 6:22cv788, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action