43 results for 'judge:"Morrison"'.
J. Morrison enters judgment in favor of the Port Authority on a Polish electronic system specialist’s employment discrimination claims alleging he was subjected to a hostile work environment, including being suspended on six separate occasions, on the basis of his age and national origin. His claims time-barred and he fails to provide any detail that would remotely suggest his suspensions were motivated by his age or national origin, rather than his repeated acts of hostility and insubordination towards his supervisors.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: August 3, 2023, Case #: 1:21cv3328, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Morrison partially declines to dismiss a class action alleging that an energy service company charged one of its customers an unreasonably high variable rate for its monthly energy costs following the end of its 24-month introductory period. While the customer fails to allege the company violated the express terms of the agreement for purposes of a breach of contract claim, it successfully alleges the company violated the implied terms of the agreement by charging a variable rate that was approximately double the fixed-price rate. It also successfully claims that it was not given sufficient notice as to the rate change.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: July 21, 2023, Case #: 1:22cv4844, NOS: Other Contract - Contract, Categories: Energy, Class Action, Contract
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J. Morrison preserves a jury’s verdict that found in favor of a housekeeper and her claims for assault, battery and deliberate indifference against New York City and four officers stemming from injuries she suffered while in police custody. The jury subsequently awarded her $400,000 in total damages, which included an award of $100,000 in punitive damages against each officer for her deliberate indifference claim. The court finds that, even though the parties’ account of the assault greatly differed, there was ample evidence for the jury to conclude the officers attacked her while she was handcuffed in a juvenile room awaiting questioning for an unrelated drug charge. The court further finds the $100,000 award was not unreasonable.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: July 19, 2023, Case #: 1:16cv79, NOS: Other Civil Rights - Civil Rights, Categories: Damages, Assault, Police Misconduct
J. Morrison issues a preliminary injunction staying the nearly 200 ongoing arbitration and state court proceedings filed by a pain management specialist who seeks payments on no-fault insurance claims that amount to more that $1.1 million in unpaid claims. The order also covers actions that have yet to be filed, which seek an additional $1.7 million in unpaid claims. The court finds State Farm, who alleges the specialist filed fraudulent insurance claims starting in 2017, will most likely win on the merits of its claims and will suffer irreparable harm if the cases are allowed to proceed.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: July 13, 2023, Case #: 1:22cv3611, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Insurance
J. Morrison denies both parties' motions for summary judgment on unpaid overtime claims filed by the class of employees. The generalizations made by the employees about compensable work performed at the beginning and end of their shifts is insufficient to prove any violations of the FLSA, while the employer's failure to provide any evidence to rebut allegations it altered timesheets prevents judgment in its favor. Meanwhile, because the employees were governed by a contract with their employer, they cannot recover any damages for their unjust enrichment claim, which must be dismissed.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: July 10, 2023, Case #: 2:21cv1265, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Class Action, Labor
J. Morrison grants the radiologist's motion for judgment on the administrative record, ruling the insurer's termination of disability benefits was arbitrary and capricious because medical opinions from two doctors expressed serious doubts as to whether he could return to work and adequately perform his job. Although there was improvement in the radiologist's vision after several surgeries and he expressed he was satisfied with his vision, this opinion is not conclusive evidence his vision had improved to the point where he would be able to interpret medical images and accurately diagnose diseases for his patients; therefore, his total disability benefits will be reinstated.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: June 12, 2023, Case #: 2:22cv112, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, Insurance
J. Morrison, who presided over a bench trial, finds in favor of a VBlack former real estate agent on her remaining claim for employment-related retaliation brought against a Hamptons-based real estate firm. The court finds the firm’s reasons for her termination were pretextual and in retaliation for complaints she made alleging she was subjected to racial discrimination by her supervisor, and subsequently awards her $787,896 in both compensatory and punitive damages.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: June 7, 2023, Case #: 2:18cv1390, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
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