275 results for 'court:"USDC New Jersey"'.
J. Kugler dismisses most of the claims in a complaint alleging that the insurer wrongfully failed to pay disability benefits. There is no evidence the insurer acted in bad faith, and any losses that resulted from the denial of the claim are best evaluated in the breach of contract claim.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 18, 2024, Case #: 1:23cv2493, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Bumb rules in favor of the insurer, which allegedly denied excess property damage claims after the policyholder's living room floor separated from a wall. The damage was found to have been caused by termites and standing water and the policy specifically excludes coverage for loss involving collapse caused by water.
Court: USDC New Jersey, Judge: Bumb , Filed On: March 18, 2024, Case #: 1:22cv2151, NOS: Insurance - Contract, Categories: Insurance
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J. Sanchez declines to grant a preliminary injunction in pro se claims challenging various aspects of a will for fraudulent accounting documents. The decedent's son failed to demonstrate he will likely succeed because the underlying complaint had been dismissed due to pleading deficiencies and for jurisdictional reasons. Meanwhile, the state attorney general had no inherent conflict of interest in representing state defendants.
Court: USDC New Jersey, Judge: Sanchez , Filed On: March 12, 2024, Case #: 3:22cv1276, NOS: Other Civil Rights - Civil Rights, Categories: Wills / Probate, Jurisdiction
J. Day allows county residents to intervene in claims stemming from the denial of a cable company's application to install wireless facilities because the residents' interest in this complaint is different from the county's interest since they are concerned about environmental issues.
Court: USDC New Jersey, Judge: Day, Filed On: March 7, 2024, Case #: 3:23cv18091, NOS: Other Statutory Actions - Other Suits, Categories: Zoning
[Consolidated.] J. Kugler awards a company attorney fees in claims contending other members of the joint venture violated confidentiality and non-disparagement provisions of a settlement by accusing them of running an organized crime scheme. The company became the prevailing party when the court entered an injunction against the other members for violating the settlement, and the record indicates costs and fees were reasonable.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 6, 2024, Case #: 1:23cv2967, NOS: Other Contract - Contract, Categories: Settlements, Attorney Fees
J. Neals dismisses claims contending United Parcel Service fired a truck driver after he complained about repeated harassment and had denied transfer requests and other grievances. Many claims are preempted by UPS's supplemental agreement with the union, and other claims are time-barred; meanwhile, the complaint failed to plausibly allege hostile work environment, and the truck driver failed to respond to the assertion that the alleged harassment had not been severe or pervasive.
Court: USDC New Jersey, Judge: Neals , Filed On: March 5, 2024, Case #: 2:21cv11028, NOS: Employment - Civil Rights, Categories: Preemption, Employment Discrimination, Employment Retaliation
J. Wettre declines to transfer an action to the district of Delaware in claims contending a pharmaceutical company filed applications for a generic version of pirfenidone before related patents expired. A prior, similar lawsuit was fully concluded in Delaware before this complaint was filed, and while the pharmaceutical company is incorporated in Delaware, its principal place of business is in New Jersey.
Court: USDC New Jersey, Judge: Wettre , Filed On: March 5, 2024, Case #: 2:23cv4085, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Patent, Venue
J. Hillman allows plaintiff to continue claims contending a school district failed to provide a disabled student an appropriate education because whether the disputes will fall to state education agencies remains unclear at this early stage, and no basis exists for the finding that the administrative law judge failed to issue a timely decision.
Court: USDC New Jersey, Judge: Hillman , Filed On: February 29, 2024, Case #: 1:21cv15677, NOS: Education - Civil Rights, Categories: Civil Procedure, Education
J. Hillman rules in part for Burlington Coat Factory in claims accusing the company of firing a transgender retail sales associate, who contends she had been misgendered about 40% of the time, after she disclosed a disability and complained to HR about a supervisor who stated "there was a transvestite" in the department. The employee failed to rebut legitimate reasons presented for her firing, including poor performance and attendance issues, but alleged repeated harassment by coworkers was sufficiently severe and pervasive to "detrimentally affect her."
Court: USDC New Jersey, Judge: Hillman , Filed On: February 29, 2024, Case #: 1:18cv11266, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Kirsch rules for the department of commerce in claims contending the department failed to properly appoint members of its mid-Atlantic council in promulgating a rule that alters allocation of black sea bass, summer flounder, and scup between recreational and commercial sectors. Cases cited by commercial fishermen did not involve standing to sue the council or agency over the rule, and states have not written their own rules in a way that prevents federal cuts from harming them. Meanwhile, the policy language indicates the region in which each council can make recommendations, not the region over which each council has authority.
Court: USDC New Jersey, Judge: Kirsch , Filed On: February 28, 2024, Case #: 3:22cv7360, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Trade
J. Arpert grants spoliation sanctions against Outback Steakhouse in slip and fall claims brought by a patron because surveillance video of the restaurant bathroom would have had probative value, and witness testimony would not supplement the footage. Meanwhile, the restaurant manager failed to take reasonable steps to preserve video from the USB thumb drive.
Court: USDC New Jersey, Judge: Arpert, Filed On: February 21, 2024, Case #: 3:19cv18277, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Sanctions, Negligence
J. Farbiarz transfers claims contending a horse trainer and his associates gave race horses performance-enhancing drugs at the Kentucky Derby, costing bettors winnings. The horses allegedly had been "doped" in the western district of Kentucky, and none of the associates reside in New Jersey. Meanwhile, an appellate court could call into question any judgment entered in the case for lack of personal jurisdiction in New Jersey.
Court: USDC New Jersey, Judge: Farbiarz , Filed On: February 20, 2024, Case #: 2:21cv14112, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Jurisdiction
J. Hillman declines to reimburse costs to an insurer accused of manipulating premiums to force a real estate development and management company to pay more because even if the company prolonged litigation by pursuing a meritless appeal, the insurer had other remedies related to costs.
Court: USDC New Jersey, Judge: Hillman , Filed On: February 16, 2024, Case #: 1:19cv13638, NOS: Insurance - Contract, Categories: Fraud, Insurance
J. Sheridan dismisses several claims contending defendant misrepresented the costs of a start-up to a clothing manufacturer, incorrectly billed the company for services, wrongfully incurred U.S. customs fines, and fabricated lease documents. Certain testimony the executives provided about wire transfers was not credible, and evidence suggests a lack of due diligence on the part of the company. However, several counterclaims should be dismissed for failure to establish legal entitlement to commissions or prove a written contract existed.
Court: USDC New Jersey, Judge: Sheridan , Filed On: February 15, 2024, Case #: 3:18cv5759, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Contract, Racketeering
J. Kirsch denies plaintiff a restraining order against a decentralized autonomous organization that allegedly failed to process the investor's cryptocurrency redemption requests. The investor failed to establish the company would not be able to pay an award following trial, and an alleged security incident in the underlying treasury in 2024 did not render the claims urgent because the investor purchased the tokens after similar incidents in 2023.
Court: USDC New Jersey, Judge: Kirsch , Filed On: February 13, 2024, Case #: 3:24cv722, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Rodriguez dismisses counterclaims contending a school district failed to provide tutoring, therapy, or other compensatory education for a disabled student because the counterclaims were filed outside the 90-day window, and the claims are duplicative of a previous action.
Court: USDC New Jersey, Judge: Rodriguez , Filed On: February 7, 2024, Case #: 1:22cv6568, NOS: Education - Civil Rights, Categories: Civil Procedure, Education
J. Wolfson compels the release of documents in claims contending an administrator worked with pharmacy benefit managers to reclassify essential drugs as non-essential to maximize profits at the expense of insurers. The company has an obligation to search documents, even if some are privileged, since production can be withheld later on. Meanwhile, the parties should confer on a narrow set of search terms to determine if certain financial documents should be produced.
Court: USDC New Jersey, Judge: Wolfson , Filed On: February 6, 2024, Case #: 2:22cv2632, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Insurance, Interference With Contract, Discovery