161 results for 'court:"USDC Western District of New York"'.
J. Geraci rules in part against a college accused of disciplining a male student based on gender bias after he was accused of sexual assault by a female student. The student failed to identify express promises related to contract breaches, but a reasonable jury could find the college wrongfully flipped the burden of proof. Meanwhile, text messages from the female student cast doubts on her sexual assault allegations.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 11, 2024, Case #: 6:21cv6761, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. Wolford dismisses claims contending the state wrongfully required Amish schoolchildren to receive vaccines against religious objections and issued non-compliance orders against Amish private schools because evidence does not indicate the state education commissioner had or will have any role in enforcing state public health laws. Meanwhile, the laws at issue do not contain hostility toward religious beliefs, and the fact that the state has not accomplished complete compliance among all students does not mean the law is not generally applicable.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 11, 2024, Case #: 1:23cv484, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Reiss dismisses claims contending police beat a 78-year-old man for stealing a police vehicle, which caused his death three weeks later, because state law claims were not timely served, and the action failed to indicate survivors suffered damage due to the man's death.
Court: USDC Western District of New York, Judge: Reiss, Filed On: March 11, 2024, Case #: 1:22cv186, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Civil Rights
J. Geraci allows a housekeeper to continue certain claims contending a senior living company fired her after she complained that she had not been paid on a weekly basis and that she had been wrongfully accused of sleeping on the job. The complaint plausibly alleged state law provides the right to weekly wages and that the housekeeper had been terminated the day the company was served a complaint. However, no private right of action exists under certain cited laws.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 7, 2024, Case #: 6:23cv6227, NOS: Other Labor Litigation - Labor, Categories: Employment, Employment Retaliation
J. Wolford dismisses most counts in claims challenging the decision to allow a teacher to return to middle school after he asked an eighth-grader who had called something "gay" during class, "How would you like it if I called you a nigger?" Liability had not been asserted against the village, town, or city, and evidence did not indicate the teacher's comments were part of a wider pattern of misconduct. Meanwhile, the student failed to address the school district's opposition to due process claims.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 7, 2024, Case #: 6:22cv6567, NOS: Education - Civil Rights, Categories: Education, Negligence, Due Process
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J. Roemer grants a preliminary injunction against telemarketers accused of collecting advance fees from consumers for debt relief services and requiring consumers to sign several waivers to important rights. The "face-to-face" exemption under telemarketing sales laws does not apply because the fees were paid in advance, and the presentations were given by notaries, not the seller. Meanwhile, evidence indicates in-person meetings were brief, did not follow scripts, and did not allow for substantive conversations about the underlying debt-relief program or its consequences.
Court: USDC Western District of New York, Judge: Roemer , Filed On: March 4, 2024, Case #: 1:24cv40, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law
J. Sinatra dismisses claims contending the city wrongfully demolished a residential building without adequate notice. The owner and tenants had been told to contact a housing attorney and were provided the opportunity to secure the property before the demolition was ordered, and the seasoned building inspector visually observed rot, mold, and water damage in the building.
Court: USDC Western District of New York, Judge: Sinatra , Filed On: February 29, 2024, Case #: 1:20cv1511, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property
J. Vilardo rules against an ex-wife in interpleader claims seeking to determine whether an insurer owes death benefits following the death of the beneficiary because neither the separation agreement nor the divorce judgment referenced the life insurance policy, and child support was not extended following the beneficiary's death.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: February 27, 2024, Case #: 1:22cv611, NOS: Insurance - Contract, Categories: Insurance
J. Vilardo declines to stay claims contending debt collectors used threats and misrepresentations to coerce payments from consumers. The U.S. Supreme Court is expected to rule on the agency's funding structure this summer, but the agency has an interest in enforcing consumer protection laws, and performing discovery prior to the court ruling would not be unduly burdensome.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: February 26, 2024, Case #: 1:22cv29, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Debt Collection, Discovery
J. Sinatra declines to impose a preliminary injunction against the state in claims contending 2020 amendments to state labor laws violate the U.S. Constitution by requiring farms to enter arbitration and compulsory "contracts" with unions short of reaching an agreement after 70 days of collective bargaining. Courts have upheld similar compulsory arbitration provisions in state statutes that apply to the private sector, but free speech claims regarding the enforcement of state labor laws may be in the public interest.
Court: USDC Western District of New York, Judge: Sinatra , Filed On: February 21, 2024, Case #: 1:23cv1044, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Contract, Labor
J. Wolford allows plaintiff to continue amended claims contending customs and border protection wrongfully revoked a Canadian attorney's membership in the "trusted traveler program," falsely arrested him, and withheld agency records. The agency's discretion is not beyond review under the Administrative Procedure Act, and the attorney plausibly alleged he had been aggrieved by being disqualified from the program. However, the attorney failed to properly name individual customs officers in constitutional claims.
Court: USDC Western District of New York, Judge: Wolford , Filed On: February 21, 2024, Case #: 1:23cv257, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Civil Rights, Immigration, Public Record
J. Wolford rules in part against a school district accused of placing an assistant principal on administrative leave and forcing her into retirement based on her age, as well as testimony contending witnesses observed elementary school students sitting on the head principal's lap. The assistant principal contends she was barred from school premises and activities while on leave, that the school tried to rescind her license, and that she had been threatened with legal action. However, the assistant principal decided to transfer to another assignment despite repeated inquiries into her retirement, and her salary and benefits were not reduced.
Court: USDC Western District of New York, Judge: Wolford , Filed On: February 16, 2024, Case #: 6:23cv6308, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination
J. Geraci finds for the state office for people with development disabilities in claims contending an employee was denied accommodations for autism, cerebral palsy, osteoarthritis, and various intellectual and psychiatric disabilities, and fired her for taking extended sick leave, because evidence did not indicate the employee's ability to work was limited by post-traumatic stress disorder, and working at the group home and performing intervention training were essential functions of her position.
Court: USDC Western District of New York, Judge: Geraci , Filed On: February 15, 2024, Case #: 6:21cv6577, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination
J. Vilardo transfers claims contending a company had been induced to purchase medical grade nitrile gloves, that most of the gloves had not been shipped, and that the gloves that had been received were of poor quality. One company is headquartered in Buffalo, but evidence did not indicate meetings or negotiations took place in the relevant district, while the contract dispute at the heart of the complaint concerns events that occurred in Manhattan.
Court: USDC Western District of New York, Judge: Vilardo, Filed On: February 12, 2024, Case #: 1:22cv892, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Venue, Racketeering
J. Pedersen grants a school district's motion to set aside default judgment entered in pro se claims contending a part-time cleaner had been fired due to gender, disability, and national origin because the school district did not immediately answer the complaint due to confusion with its insurer, and the cleaner failed to establish the lack of response had been intentional.
Court: USDC Western District of New York, Judge: Pedersen , Filed On: February 7, 2024, Case #: 6:23cv6583, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Employment Discrimination
J. Roemer allows plaintiffs to continue class claims contending a company failed to pay home care workers overtime, reimburse expenses, and provide proper wage notices. The viability of the untimely wage payment claims has been adjudicated against the company, and there remain outstanding factual and legal questions regarding the company's timekeeping policies.
Court: USDC Western District of New York, Judge: Roemer , Filed On: January 24, 2024, Case #: 1:19cv1417, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Employment