63 results for 'judge:"Gonzalez"'.
J. Gonzalez dismisses a putative securities fraud class action against a lithium-ion battery recycling and recovery company, plus its former officers and directors, alleging it made false and materially misleading statements its IPO documentation, specifically statements regarding the revenue it received from one of its supposed customers, who was later revealed in a report published by a short seller to be a broker that was providing financing. The court finds the complaint fails to specify with adequate granularity which statements the company made in its IPO documentation that were false or misleading. The court grants the litigants permission to file a motion for leave to amend.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: October 6, 2023, Case #: 1:22cv2222, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Gonzalez preserves, in part, claims that allege three collection agencies violated state and federal debt collection practices through its attempts to collect a default judgment in connection with student loan debts first incurred in the early 1980s. The debtor claims they miscalculated the unpaid balance by using the state's 9% annual post-judgment interest rate instead of the required 8% rate under federal law. The court finds the claims are not preempted by the federal Higher Education Amendments Act.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 30, 2023, Case #: 1:22cv298, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
[Consolidated.] J. Gonzalez dismisses a putative class action lawsuit alleging securities violations against a bioplastics producer, along with its CEO and CFO, for false or misleading statements related to its Nodax-brand biodegradable plastic products, finding that, while some statements they made were materially misleading, the litigants fail to allege the defendants acted with the knowledge that the statements were false or misleading for purposes of scienter.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 30, 2023, Case #: 1:21cv2824, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Gonzalez dismisses, without leave to amend, a false advertising complaint that alleges McDonald’s and Wendy’s advertised their products in such a way that makes them appear more appealing than those actually served to customers. The litigant fails to allege, for purposes of establishing an injury, that he ever saw the advertisements himself or that the ads were materially misleading. As for his breach of contract claim, the advertisements do not constitute offers to enter into a contract.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 30, 2023, Case #: 2:22cv2880, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Contract, False Advertising
J. Gonzalez enters summary judgment in favor of the town of Oyster Bay on claims that alleged several town officials engaged in a racially discriminatory scheme to prevent two residents from using their property as a two-family home on the basis that the owners are both people of color. Evidence produced during discovery shows the town had enforced its zoning regulations against 27 residential properties within only three-tenths of a mile from the litigants’ own property, some of which were cited for the same violations, undercutting the core of the litigants’ allegations that their actions were racially motivated.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 29, 2023, Case #: 2:11cv6084, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Property, Zoning
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J. Gonzalez finds that the lower courts properly upheld the legality of Washington state's moratorium on evicting people from their homes due to unpaid rent as a result of the Covid-19 pandemic. State law gives the governor enhanced authority during emergencies such as the Covid-19 crisis, and his move to suspend evictions fell well within his "statutory and constitutional authority" that was expanded upon during the pandemic. Affirmed.
Court: Washington Supreme Court, Judge: Gonzalez , Filed On: September 28, 2023, Case #: 100992-5 , Categories: Government, Landlord Tenant, Covid-19
J. Gonzalez terminates a court-ordered stay and subsequently dismisses a property owner's takings and equal protection claims alleging a village located on the northern shore of Long Island wrongfully denied her applications to build a fence across a portion of a private path on her property that residents are using to travel between two public roads. Both claims are untimely and she fails to rebut the village's arguments that the proposed fence would create health and safety issues for the village's residents.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 25, 2023, Case #: 2:20cv3298, NOS: Other Civil Rights - Civil Rights, Categories: Municipal Law, Property, Equal Protection
J. Gonzalez finds the maker of a Lego-based replica of the Second Beit Hamikdash, or Second Holy Temple, successfully argued its creation is sufficiently unique to qualify for copyright protection and enters judgment in his favor on counterclaims that sought to invalidate his copyrights. Notably, he pushed back against arguments that the temple's design was in the public domain and therefore not protectable by producing evidence showing the temple was in fact destroyed in 70 C.E. without any visual references in existence to base his designs on, which required him to conduct extensive research into the temple's history in order to create his design.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 21, 2023, Case #: 1:21cv2883, NOS: Copyrights - Property Rights, Categories: Copyright
J. Gonzalez grants, in part, the insurer's motion to dismiss, ruling that because the Medicaid policyholder who was initially denied coverage for surgery in an out-of-state facility is not a party to the contract between Medicaid and the insurer, she cannot seek to enforce it through this action and the contract claims must be dismissed. Additionally, the lack of evidence of a fiduciary relationship between the insurer and the patient requires dismissal of the fiduciary duty claims, especially considering a denial of coverage is not necessarily sufficient to constitute a breach of any fiduciary duty.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: September 18, 2023, Case #: 1:22cv305, NOS: Other Contract - Contract, Categories: Insurance, Medicaid, Contract
J. Gonzalez denies the policyholder's motion to alter or amend the court's previous judgment of dismissal, ruling the uninsured motorist coverage in her insurance policy was not illusory. Although she did not receive the full $200,000 amount from the insurer, she was able to recoup some benefit after an offset of the amount paid by the other individual involved in the car accident.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: September 13, 2023, Case #: 1:21cv1023, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Gonzalez grants the Missouri-based logistics company's motion to dismiss, ruling that while it brokered the freight load involved in the fatal accident, it did not employ the driver or direct the route of the shipment and, therefore, does not have the required business contacts in the state to grant this court jurisdiction under the New Mexico long-arm statute.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: September 5, 2023, Case #: 1:22cv599, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Jurisdiction
J. Gonzalez grants Allstate's motion for judgment on the pleadings, ruling the policyholder's Trade Practices and Fraud Act and contract claims are barred by the 4-year statute of limitations, which ended more than two years prior to the filing of the lawsuit. Furthermore, Allstate is entitled to sanctions, as the lawsuit was baseless and arguments made by the policyholder were legally unsupported and frivolous.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: August 31, 2023, Case #: 1:22cv968, NOS: Insurance - Contract, Categories: Insurance, Sanctions, Contract
J. Gonzalez issues a preliminary injunction prohibiting a New Jersey-based pizzeria from using the litigant’s trademarked “Bravo Pizza” and “Bravo Kosher Pizza” names or anything similar that might cause consumer confusion. The litigant granted the defendant use of the names for its pizzeria under a licensing agreement, but later terminated the arrangement when it discovered they were using the name for a separate bagel shop. However, after the court issued a temporary restraining order, the defendant changed their name to “Ravo Pizza,” which the court clearly saw as a ruse. The court finds the litigant establishes that it will suffer irreparable harm due to the defendant’s bad faith actions. The court further compels them to arbitrate the remaining claims under the agreement.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 29, 2023, Case #: 1:23cv4540, NOS: Trademark - Property Rights, Categories: Arbitration, Trademark, Injunction
J. Gonzalez enters judgment in favor of the city of Yonkers, its police department and Home Depot on a self-represented litigant’s claims for civil rights violations stemming from his arrest on charges of credit card fraud. Based on the evidence presented to the court, probable cause existed to initiate his arrest and charge him on suspicion that he opened a Home Depot credit card account in someone else’s name in order to purchase a large order of flooring supplies.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 28, 2023, Case #: 1:18cv7122, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Fraud, Police Misconduct
J. Gonzalez preserves a real estate buyer’s claims seeking liability for the loss of his $336,247 after he was a victim of a wire transfer scam in connection with a real estate deal to purchase a Florida property. The litigant alleges one of the defendant’s employees disguised himself as an employee of both the real estate and title agency companies and gave him fraudulent wire transfer details in order to steal his payment. The email exchange between the litigant and the alleged scammer occurred in New York, therefore the court has personal jurisdiction over the defendant.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 21, 2023, Case #: 2:22cv3921, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, Jurisdiction
[Consolidated.] J. Gonzalez remands to state courts a total of 10 Child Victims Act cases filed against parishes, schools and other organizations related to the Diocese of Rockville Centre, actions which were removed to federal court after the diocese filed for Chapter 15 bankruptcy protection. The court finds the litigants’ respective claims are related to the bankruptcy proceedings and subsequently meet the criteria for mandatary abstention.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 17, 2023, Case #: 1:23cv5059, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Bankruptcy, Tort, Jurisdiction
J. Gonzalez grants a motion for reconsideration and subsequently enters judgment in favor of a real estate owner on its quiet title action. The note holder argued the loan was not properly accelerated because its loan servicer was not authorized to file the foreclosure action in 2007. However, due to the 2020 New York Foreclosure Abuse Prevention Act, which subsequently changed the controlling law, a foreclosure action is deemed official unless expressly dismissed by the court. To that end, the court finds the mortgage loan was accelerated in 2007, and that the defendants failed to foreclose on the property before the six-year statute of limitations expired, thus entitling the litigant to an order canceling and discharging the mortgage.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 11, 2023, Case #: 1:20cv3553, NOS: All Other Real Property - Real Property, Categories: Property, Real Estate, Banking / Lending
J. Gonzalez finds that the lower court improperly granted the nursing home's motion to change venue in a nursing home negligence action. The nursing home failed to authenticate decedent's signature on the admission contract, so the forum selection clauses therein are unenforceable. Reversed.
Court: New York Appellate Divisions, Judge: Gonzalez, Filed On: August 11, 2023, Case #: 04258, Categories: Negligence, Venue
J. Gonzalez finds that the lower court improperly allowed involuntary treatment petitions to be filed against two individuals held at a hospital and continued to be held well after the commitment orders had expired. While a third individual in this case was held under a valid court order, the state "totally disregarded" the rights of two others under the Involuntary Treatment Act when it simply began new involuntary treatment proceedings when it realized the older court orders expired. Filing new involuntary treatment proceedings while someone is already being held without authority is blatantly unacceptable under the law, and so those petitions are remanded for dismissal. Reversed in part.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: July 27, 2023, Case #: 100668-3, Categories: Commitment, Due Process
J. Gonzalez dismisses an action brought by the Village of Mineola in Long Island against the Town of Hempstead challenging the town’s newly adopted redistricting plan, claiming the decision to swap two districts ultimately violates the equal protection clause’s one-person, one-vote principle. The court finds the new districts survive judicial review and do not violate the sole remaining litigant’s voting rights.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: July 13, 2023, Case #: 2:22cv6231, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Elections, Municipal Law
J. Gonzalez rules in favor of the Securities and Exchange Commission on securities fraud claims brought against a New Jersey resident that showed he solicited funds from investors by falsely claiming his company owned patents to cold cracking technology, an emerging oil industry technology that converts heavy crude oil into light oil, when in truth, his company simply had a minority interest in a now-defunct company that had the option to purchase the patents once they were approved. The court also enters judgment against a separate partner on one claim for aiding and abetting. However, the court finds genuine materials of fact preclude the court from issuing a ruling on whether the two defendants deceptively misappropriated investor funds for their own benefit and allows those claims to be decided at trial.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: June 28, 2023, Case #: 1:18cv5075, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Gonzalez finds the court lacks jurisdiction over a product supplier’s declaratory relief, tortious interference and unfair competition claims brought against the Chinese patent holder of a disputed towel warmer product sold on Amazon and dismisses those claims. As well, while the court may exercise jurisdiction over the rival supplier’s CEO under an agency theory, doing so would violate his due process rights because he has no presence in the state of New York. Its claims against the rival supplier, however, survive.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: June 23, 2023, Case #: 1:22cv6943, NOS: Patent - Property Rights, Categories: Patent, Jurisdiction
J. Gonzalez rules in favor of the NYPD on a father’s claims for familial association while preserving his claims for false arrest and malicious prosecution. The case stems from an incident in which he smashed his son’s laptop, which he had been using to attend virtual classes, after he discovered the son had been lying about completing his school assignments. The court declines to add to the court record a copy of the laptop’s receipt which showed it was owned by the litigant’s ex-wife, and as such the officers involved lacked probable cause to arrest him on charges of criminal mischief, endangering the welfare and harassment.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: June 14, 2023, Case #: 1:22cv3485, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Police Misconduct