562 results for 'court:"USDC Eastern District of New York"'.
J. Merkl grants a second motion to effect substitute service on three Hezbollah-related media entities for claims brought under the Anti-Terrorism Act by American citizens who were injured by rocket and missile attacks in Israel. The plaintiffs provided expert testimony that sufficiently claimed the three entities were still under Hezbollah’s control and that the service papers will make its way through the chain of command and into the hands of the organization’s top officials.
Court: USDC Eastern District of New York, Judge: Merkl, Filed On: June 7, 2023, Case #: 1:18cv7449, NOS: Other Statutory Actions - Other Suits, Categories: Terrorism
J. Brown denies partial summary judgment and finds the defendant’s hydradermabrasion device, known as the “Skinwave,” did not infringe on the litigant’s competing device due to the lack of a manifold system. However, the court finds the litigant prevailed on its claim for validity, finding its patent sufficiently distinguished itself from another one of its device patents because it contained a manifold system.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: June 6, 2023, Case #: 2:20cv6082, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Brown finds in favor of the owner of a vintage 1930 Brunner-Winkle Bird aircraft on all claims stemming from an accident in which the litigant’s arm was almost severed while hand-propping the aircraft’s engine. The court finds the litigant had knowingly assumed a level of risk due to his extensive experience as an aircraft mechanic and vintage aircraft enthusiast and that, by his own admission, there was nothing the owner, who was operating the aircraft at the time, could have done differently that would have prevented the accident.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: June 6, 2023, Case #: 2:21cv2292, NOS: Airplane - Torts - Personal Injury, Categories: Tort, Negligence, Aviation
J. Brodie denies a motion for reconsideration and reaffirms the court’s prior ruling ordering a deli counter attendant and his employer to arbitration for all claims asserted in a collective action Fair Labor Standards Act suit. The court agrees with the magistrate judge’s findings that, under Second Circuit precedent, the employee’s collective bargaining agreement signed in 2018 applies to all claims for acts that occurred both before and after the agreement was signed.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: June 5, 2023, Case #: 1:22cv1601, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Class Action, Labor
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J. Morrison throws out an Americans with Disabilities Act complaint that alleging a deaf customer was unable to watch several promotional videos related to audio-visual equipment on its website due to a lack of closed captioning, which prevented him from purchasing its products. The court finds he lacks standing because he failed to allege an injury in fact under the ADA, more specifically that he failed to argue that he intended to return to the website.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: June 2, 2023, Case #: 1:22cv6961, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act
J. Morrison denies the applicant’s motion to remand his hybrid Article 78 appeals petition and civil rights complaint to New York State Supreme Court. He alleged the NYPD violated his Second and Fourteenth Amendment rights when it denied his two applications for firearm licenses when it determined he “lacked good moral character.” He also argues that the state’s review process pursuant to Article 78 petitions when applied to a court's review of a state agency's decision to deny a firearm license is unconstitutional. The court finds that his claims are clearly causes of actions under federal law.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: June 2, 2023, Case #: 1:22cv7620, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Firearms
J. Komitee denies a litigant’s motion to seal his entire case which he first filed in 2008 stemming from the suspension of his medical license, finding that, despite his protestations that the case has denied him gainful employment, the motion is outweighed by the public’s interest. The court finds it more prudent to seal only his medical records he provided.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: May 31, 2023, Case #: 1:08cv4718, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Employment, Health Care
J. Ross grants summary judgment to the defendant insurer on the beneficiary’s sole remaining breach of contract claim alleging it increased the monthly cost of insurance rates on two secondhand life insurance policies to recoup prior losses. The insurer’s expert proffered uncontested testimony that claimed the increases were determined by what is considered “prospectively,” which is allowed under the terms of the policies.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: May 31, 2023, Case #: 1:17cv3527, NOS: Insurance - Contract, Categories: Insurance
J. Shields rules in a bench trial and finds in a favor of a security system installation company on its claims for false designation of origin and false advertising under the Lanham Act plus its claim for tortious interference with contract against a competitor and awards them $91,036 compensatory damages for lost revenue. The former employee solicited the litigant’s customers acquired after it purchased a now-defunct competitor and persuaded them to switch services. The court issues an injunction prohibiting the competitor from contacting any of the litigant’s customers, using its confidential information or making disparaging statements regarding the litigant’s business operations.
Court: USDC Eastern District of New York, Judge: Shields, Filed On: May 24, 2023, Case #: 2:17cv1194, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark, Damages
J. Kuntz dismisses a putative class action securities fraud action brought by investors alleging Ericsson, a multinational telecommunications company based in Sweden, defrauded investors and made false and misleading financial statements related to its recent operations in Iraq. An internal investigation, later obtained by the International Consortium of Investigative Journalists, found the company used illegal methods to secure lucrative contracts in the country, which included the use of bribes, sham contracts and kickbacks and in one case paying ISIS for access to transportation routes through ISIS-held territory. The investors’ claims fail to allege the company acted with conscious recklessness.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: May 24, 2023, Case #: 1:22cv1167, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Gonzalez dismisses claims for disability discrimination under the American Disability Act and Rehabilitation Act asserted by a self-represented litigant alleging she was fired by her former employer, an unspecified service company located in JFK Airport, because she suffers from a learning disability, depressive disorder, ADHD and several physical injuries. However, she asserts her claims only against a former coworker and an attorney hired to defend her former employer in connection with her EEOC charge, and as such claims under the ADA and Rehabilitation Act do not provide for individual liability.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: May 24, 2023, Case #: 1:22cv7858, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Bulsara grants, in part, a motion for leave to amend on a civil rights suit brought against the port authority, which alleges two officers falsely charged the litigant with speeding in a construction zone. The litigant is allowed to add new details to his complaint regarding his claim for monetary damages and grants his motion for a jury trial. However, his motion is denied insofar as it requests to add the officer who issued the summons as an additional defendant because he waited more than eight months to make the request and showed a lack of extreme due diligence on the litigant’s part.
Court: USDC Eastern District of New York, Judge: Bulsara, Filed On: May 23, 2023, Case #: 1:21cv2062, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Damages, Police Misconduct
J. Ross dismisses for failure to state a claim the elderly Iranian homeowners’ due process, conspiracy and equal protection claims alleging a two-year-long campaign of harassment on the part of a local zoning enforcement officer stemming from their efforts to remove dead or dying trees on or near their property on the basis of their ages and national origins. They had alleged they were forced to leave their property and sell it at a reduced value due to various zoning violations filed against the property.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: May 19, 2023, Case #: 2:22cv4047, NOS: Other Civil Rights - Civil Rights, Categories: Zoning, Due Process, Equal Protection
J. Gonzalez finds in favor of a NYPD officer on the litigant’s remaining malicious prosecution claim. The claim, which stems from charges that he obstructed governmental administration when he prevented first responders entry into his apartment on suspicions of child abuse, had been dismissed prior to trial, but was later reinstated by the U.S. Supreme Court after trial and remanded back to district court. The court finds the officer is entitled to qualified immunity and a jury would not have been able to conclude he lacked probable cause to arrest the litigant for failure to allow entry.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: May 18, 2023, Case #: 1:14cv7349, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Immunity, Police Misconduct
J. Block denies a self-represented litigant’s claim seeking a preliminary injunction to halt the construction of an offshore wind farm near the coast of South Fork, Long Island. Her complaint fails to show the planned excavation work on the onshore portion of the project will disrupt the existing perfluoroalkyl and polyfluoroalkyl substances present in the ground or that the offshore facilities will impact the Atlantic cod population and ultimately increase prices on fish supplies.
Court: USDC Eastern District of New York, Judge: Block, Filed On: May 18, 2023, Case #: 2:23cv295, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Energy, Environment
J. Komitee denies a motion to strike the claims in a putative class action product liability suit brought against the makers of the OGX line of haircare products which allege the products’ use resulted in hair loss and other scalp injuries, finding the issues the manufacturers asserted, including their argument that the litigant’s claims are too individualized to be asserted in a class action, are best resolved at the class certification stage.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: May 17, 2023, Case #: 1:21cv6557, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Class Action