161 results for 'court:"USDC Western District of New York"'.
J. Payson removes the "attorneys' eyes only" designation from a sales and commission report prepared by a sales agent accused of colluding with a former employee to steal the customer base of a component parts manufacturer because the report did not reveal which specific items had been purchased or the price of goods and services and thus did not include confidential information. However, recently invoiced amounts may constitute commercially sensitive information.
Court: USDC Western District of New York, Judge: Payson , Filed On: October 20, 2023, Case #: 6:20cv7031, NOS: Other Contract - Contract, Categories: Contract
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J. Wolford allows an employee to continue certain claims contending a company and its executives made false representations about prevailing wage requirements on a city project, and fired the employee for raising objections. The court assumes the company requested payment from the city, which would fall under the false claims act, but evidence did not indicate the request contained material misrepresentations. However, the employee may have been terminated for engaging in protected activity.
Court: USDC Western District of New York, Judge: Wolford , Filed On: September 19, 2023, Case #: 6:20cv6167, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims, Employment Retaliation
J. Geraci rules for the city in claims contending a police officer chased plaintiff from a car, shot him three times, and falsely arrested him based on the incorrect assumption that he had been involved in a crime. The circumstances of arrest remain in dispute, including whether plaintiff fired his own weapon, and his flight from the scene did not automatically grant officers qualified immunity since plaintiff claims he fled from fear that an unidentified person was pointing a gun at him. However, evidence does not indicate police conspired with an employee of a gunshot system locating company regarding the number of shots fired, and plaintiff failed to allege the company did anything other than cooperate with the investigation.
Court: USDC Western District of New York, Judge: Geraci , Filed On: September 14, 2023, Case #: 6:17cv6176, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Geraci finds for the city in pro se claims contending a homeowner was falsely arrested and prosecuted for several misdemeanors relating to the unsafe condition of his property. The homeowner failed to establish additional discovery was warranted, and malicious prosecution claims were time-barred. Meanwhile, claims did not allege the prosecutor acted outside ordinary conduct, and the homeowner had been found living in his house after being ordered to stay off the property following a gas leak.
Court: USDC Western District of New York, Judge: Geraci , Filed On: September 12, 2023, Case #: 6:18cv6572, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Discovery
J. Vilardo allows plaintiff to continue pro se claims contending officials forcibly removed and falsely charged him after warning him to stop filming a local government building on his cell phone because it would be premature to decide whether plaintiff's removal had been reasonable, and thus the court cannot yet determined whether plaintiff refused a lawful order. Meanwhile, plaintiff may amend his complaint to allege government officials lacked training regarding constitutional issues.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: September 8, 2023, Case #: 1:22cv75, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Skretny rules in part for city and police officials in claims contending officers wrongfully shot plaintiff during a traffic stop and that ambulance crew failed to render proper first aid. Some claims were withdrawn, and evidence does not demonstrate officers targeted plaintiff solely due to his ethnicity. Meanwhile, claims contending officers had been poorly trained were conclusory. However, whether plaintiff injured an officer during the stop by shooting at him must be proven in court.
Court: USDC Western District of New York, Judge: Skretny , Filed On: September 5, 2023, Case #: 1:17cv937, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Geraci grants the university's motion for summary judgment in the case brought by a student "who found out that 'stranger danger' also includes attractive women who slide into your DMs on Facebook" when the aforementioned DMs led him to an off-campus house where he was ambushed, assaulted and held captive. The student has not addressed any of the university's arguments for summary judgment, and so his claims are deemed abandoned, and his claims fail on their merits in any case.
Court: USDC Western District of New York, Judge: Geraci, Filed On: August 30, 2023, Case #: 6:18cv6566, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Tort
J. Crawford rules in favor of the agency, which allegedly failed to immediately respond to the police officer's complaint of repeated sexual harassment by a coworker. The coworker acted as the officer's supervisor for only one day, but he had no economic decision-making power over her. Further, the agency responded to the complaints the following day, changed the officer's shift so she did not have to work with the coworker, and relocated the coworker to another wing of the building.
Court: USDC Western District of New York, Judge: Crawford , Filed On: August 9, 2023, Case #: 1:21cv634, NOS: Employment - Civil Rights, Categories: Employment