275 results for 'court:"USDC New Jersey"'.
J. Bumb finds for a fight promoter in claims contending a cigar lounge broadcast pay-per-view fights without permission because the promoter had exclusive right to the events, and the promoter's investigator personally observed the lounge broadcast one event without a sublicense. Meanwhile, the lounge has not responded to the complaint.
Court: USDC New Jersey, Judge: Bumb , Filed On: December 15, 2023, Case #: 1:22cv4988, NOS: Cable/Sat TV - Other Suits, Categories: Civil Procedure, Licensing, Contract
J. Neals allows plaintiffs to continue class claims contending a distributor failed to send a restaurant the proper amount of frozen calamari because negligence claims were related to damages and thus barred under the economic loss doctrine, and many consumer fraud claims were time-barred since the restaurant had been aware of potential differences in the products' net weights in July 2014. However, misrepresentation claims were not preempted by federal packaging and labeling laws.
Court: USDC New Jersey, Judge: Neals , Filed On: December 14, 2023, Case #: 2:21cv3712, NOS: Other Contract - Contract, Categories: Fraud, Preemption, Consumer Law
J. Chesler dismisses claims contending a co-owner of a boutique employment and recruiting agency received a lowball offer to buy out her shares; that bank access had been cut off; and that she had been prohibited from disclosing information about the company to third parties. Evidence does not indicate the non-disclosure agreement constituted a "reasonable restriction" to the deal, and much of the conduct merely constituted "hardball negotiating tactics."
Court: USDC New Jersey, Judge: Chesler , Filed On: December 8, 2023, Case #: 2:23cv2620, NOS: Other Contract - Contract, Categories: Partnerships, Contract
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J. Bumb allows plaintiff to continue certain claims contending a company reduced hours worked by a security guard, transferred him, and demoted him after the guard, a Palestinian and practicing Muslim, complained of religious and racial animus by a supervisor. The guard did not adequately allege he had been fired merely for being offered fewer hours, but the guard established discrimination and hostile work environment claims based on the supervisor's comments that he hated Muslims and people from the Middle East.
Court: USDC New Jersey, Judge: Bumb , Filed On: December 6, 2023, Case #: 1:23cv1462, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Kirsch finds for the elementary school in claims contending an employee's contract was not renewed due to his disability. Other teachers complained the employee had not remained calm during a fire drill and had been agitated around children, and the statement that the employee's discharge would be "neat and clean" did not establish disability animus. Meanwhile, the employee's leave requests had all been granted.
Court: USDC New Jersey, Judge: Kirsch , Filed On: November 29, 2023, Case #: 3:18cv16354, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Quraishi rules in part for the commodity futures trading commission in claims contending a foreign exchange company refused to allow customers to withdraw accounts before dissolving. The complaint adequately alleges the manager made misrepresentations to entice investors to deposit funds which he appropriated for his own use. However, the claims fail to allege he advised others on the value of trading forex or that he qualified as a registered commodity trading advisor.
Court: USDC New Jersey, Judge: Quraishi , Filed On: November 28, 2023, Case #: 3:21cv17776, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Hillman rules for the borough in claims brought after a developer was stymied from selling property and the transfer of a tax abatement agreement was ruled to be null and void. The administrative decision was non-legislative, and little or no evidence had been presented related to the decision. Meanwhile, the developer failed to prove the mayor had a role in the decision, and the borough did not impede the developer's right to sell the property without the tax abatement. Finally, a borough police officer's comments that "these Jews have enough money" did not represent the motives of the borough or the council as a whole.
Court: USDC New Jersey, Judge: Hillman , Filed On: November 27, 2023, Case #: 1:21cv16700, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property
J. Chesler deposits monies into escrow related to amended claims contending a distributor failed to return all stored merchandise to a company following termination of their agreement because whether the distributor violated the release and is entitled to funds remains unclear.
Court: USDC New Jersey, Judge: Chesler , Filed On: November 17, 2023, Case #: 2:23cv1759, NOS: Other Contract - Contract, Categories: Contract
J. Kirsch allows plaintiff to continue claims contending a truck driver tipped over a trailer containing a company's products and failed to pay for removal services. The complaint plausibly alleges the company and cargo group that employed the driver had entered a contract and that the cargo group failed to pay for the removal of hazardous substances from the crash site.
Court: USDC New Jersey, Judge: Kirsch , Filed On: November 17, 2023, Case #: 3:22cv6182, NOS: Other Contract - Contract, Categories: Contract
J. Kirsch rules in part for the owner of 14 horses in claims contending veterinarians failed to properly care for his thoroughbreds, causing them to lose hundreds of pounds and suffer open sores and severe "rain rot." Since neither party invokes the legal standard for veterinary malpractice, state medical malpractice standards apply, under which the owner sufficiently pleaded failure to diagnose and treat the horses. However, fraud claims should be dismissed since the owner had not paid the bills and since the complaint failed to specify the allegedly fraudulent misrepresentations.
Court: USDC New Jersey, Judge: Kirsch , Filed On: November 15, 2023, Case #: 3:22cv6927, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Medical Malpractice, Animal Cruelty
J. Chesler dismisses certain claims and counterclaims contending a company failed to pay for warehousing services and that the manufacturer did not release warehoused merchandise after the contract was terminated because the escrow agent is not a proper defendant; the company failed to prove the initial inventory report was inaccurate; and fraudulent inducement allegations are inapplicable.
Court: USDC New Jersey, Judge: Chesler , Filed On: November 7, 2023, Case #: 2:23cv1759, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Chesler dismisses claims and counterclaims contending a competitor filed an application for a generic version of Halaven before patent no. 6,214,865 expired because the pharmaceutical company appears to demonstrate it cannot reasonably expect to continue enforcement efforts against the generic drug company, and the competitor failed to prove other companies forfeited potential market exclusivity.
Court: USDC New Jersey, Judge: Chesler , Filed On: November 7, 2023, Case #: 2:22cv5950, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Patent
J. King declines to reconsider a discovery order in claims contending employees had not been paid for time spent commuting to and from retail job sites because the court already ruled on the discovery request for global positioning systems stored on the employees' electronic devices, and this motion simply asks the court to reevaluate the same facts and legal arguments.
Court: USDC New Jersey, Judge: King , Filed On: November 7, 2023, Case #: 1:22cv1998, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Employment
J. Sheridan dismisses claims contending a corrections officers confined an inmate "naked and with a suicide blanket" and, later, beat him up because officers were not provided adequate notice of the accusation, and the complaint failed to specify the officers or prison officials being accused or the violations that had been committed.
Court: USDC New Jersey, Judge: Sheridan , Filed On: November 6, 2023, Case #: 3:22cv6911, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Prisoners' Rights
J. Bumb declines to distribute funds to a hotel company in claims contending the insurer failed to distribute settlement claims stemming from two fires due to municipal liens against the properties. Granting the motion would preempt the overall resolution of claims disputing the validity of liens filed against Atlantic City, and evidence does not indicate counsel fees and costs have priority over municipal liens.
Court: USDC New Jersey, Judge: Bumb , Filed On: November 6, 2023, Case #: 1:19cv16339, NOS: Other Contract - Contract, Categories: Insurance, Property, Settlements