562 results for 'court:"USDC Eastern District of New York"'.
J. Azrack grants a motion to enforce a $65,000 settlement agreement proposed by Home Depot and two third-party contractors to resolve claims for damages stemming from the alleged disturbance of asbestos in a customer’s home while installing a generator. The court finds the customer agreed to the terms of the settlement, that the settlement agreement is valid and enforceable and that his counsel at the time had the legal authority to negotiate on his behalf.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: March 19, 2024, Case #: 2:20cv4125, NOS: Other Contract - Contract, Categories: Settlements, Negligence
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J. Kovner dismisses a securities lawsuit filed by investors in a popular mobile video game company alleging the company failed to disclose that it was in the process of overhauling the code for two of its most successful games which, once became public in a quarterly report, contributed to a 23% drop in its stock price. The investors failed to alleged that, had the company disclosed its revamp plans in its IPO documentation, it would have kept the existing disclosures from being misleading.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: March 18, 2024, Case #: 1:21cv6571, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Brodie preserves a maritime contract and fraud lawsuit that alleges an international moving company hired a maritime shipping company to transport cargo to Israel, but failed to disclose that the recipient of the cargo had gone out of business, which ultimately resulted in $161,000 loss for the shipping company. There remain questions as to the moving company’s intent and whether it failed to comply with the contract when it refused to pay the costs incurred as a result.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: March 18, 2024, Case #: 2:20cv2130, NOS: Marine - Contract, Categories: Maritime, Contract
J. Garaufis finds two individuals liable on breach of contract claims for their failure to pay the principal or interest on a $2 million loan and awards the litigants the same amount in damages. The defendants fail to present any material evidence that would suggest they were fraudulently induced into signing the loan notes. The court directs the parties to recalculate how much the litigants are entitled to in unpaid and pre-judgment interest.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: March 18, 2024, Case #: 1:18cv7303, NOS: Negotiable Instrument - Contract, Categories: Fraud, Damages, Contract
J. Azrack dismisses a civil rights lawsuit against Nassau County and two of its county police officers, who were sued by a woman that claims the officers ignored her report that she was raped by two men at her home in 2017 and the county refused to charge the assailants following a Special Victims Unit investigation in 2019 due to lack of evidence. She claims the officer ignored her pleas due to prior contentious interactions involving her mother. The court rules her claims against the reporting officer are time-barred, and that she does not have a constitutional right to compel a government agency to arrest or prosecute other individuals.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: March 18, 2024, Case #: 2:21cv5159, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Chen preserves a labor class action against Skechers, the shoe manufacturer, which was sued by a stockroom associate for untimely wages, finding the employee has standing and is provided a private right of action under sections of New York Labor Law.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 15, 2024, Case #: 1:23cv1055, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Gonzalez dismisses a self-represented airline worker’s employment discrimination and unpaid wages complaint which alleges Delta Airlines discriminated against him on the basis of his race, sexual orientation and disability. He claims he was wrongfully terminated following an altercation with a coworker who called him a “faggot.” His complaint fails to provide anything more than vague, conclusory allegations.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 15, 2024, Case #: 1:23cv3146, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Wicks grants in part a motion to compel and orders a drywall and carpentry subcontractor to produce historical data listing the number of employees enrolled on its payroll between Jan. 1, 1994 to Jan. 3, 2017, which will help bolster a Black receptionist’s claim that she could have performed her duties in 20 hours as an accommodation for injuries that she suffered in a car accident. The court finds that the information requested is sufficiently targeted and will not pose an undue burden on her employer.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: March 15, 2024, Case #: 2:22cv4044, NOS: Employment - Civil Rights, Categories: Discovery, Employment Discrimination
J. Komitee grants summary judgment against a former New York City police detective who alleges he was the subject of a conspiracy to frame him for various crimes in order to pressure him to resign from the force. The court finds the former officer fails to present any evidence that would suggest the existence of a conspiracy or back up his claim that he was coerced into signing a confession in which he admitted trespassing in people’s backyards and masturbating while watching women inside their homes.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 14, 2024, Case #: 1:20cv642, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Komitee dismisses a shareholders’ suit against JPMorgan Chase for its alleged failure to disclose the widespread use of unapproved communications channels among its employees, which resulted in a $200 million civil penalty issued by the Securities and Exchange Commission. The shareholder fails to plead material misstatements, false or misleading statements or omissions regarding the financial institution’s risk controls in its 2021 proxy statement.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 14, 2024, Case #: 1:22cv1331, NOS: Stockholders’ Suits - Contract, Categories: Securities
J. Chen preserves breach of contract claims against an insurance provider which seek to hold it liable for a $2.2 million judgment entered against its insured, a general contractor, for an underlying personal injury lawsuit. While the contractor is a named insured under the policy, the court is unable to make a determination on whether or not the contractor fulfilled certain conditions to establish its rights to coverage and whether or not the insurer’s letter disclaiming coverage was legally sufficient.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 14, 2024, Case #: 2:23cv238, NOS: Insurance - Contract, Categories: Insurance
J. Merchant tosses an employment discrimination complaint that alleges a group of health care workers were wrongfully terminated for refusing to comply with their employer’s Covid-19 vaccine mandate. Their requests to be exempt from the vaccine mandate for religious purposes would have posed an undue hardship on the hospital’s operations and they also fail to provide any substantiative detail that would suggest management discriminated against them because of their religions.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: March 12, 2024, Case #: 2:23cv1277, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination
J. Donnelly dismisses an employment discrimination and retaliation complaint against Lockheed Martin, who was sued by a 53-year old Black administrative assistant on claims that she was subjected to discrimination on the basis of her race, age and gender. The court finds she fails to allege Lockheed Martin’s decision not to select her for a promotion and to later fire her were not motivated by her race, age or gender or in retaliation for complaints she made regarding allegations of discrimination and unequal pay. As well, the court finds her claim for disparate pay under the Equal Pay Act lacks substantive detail.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 12, 2024, Case #: 1:22cv4115, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Komitee declines to issue a preliminary injunction in a patent infringement lawsuit concerning competing municipal bus lane enforcement technologies. The competing companies had previously engaged in a bidding war over a contract with New York City’s Metropolitan Transit Authority to install its technologies on city buses, both of which detect and report traffic violations in bus lanes. The alleged patent holder fails to present enough evidence to conclusively show the competing company’s product infringes on its patents and further raises issues regarding the validity of its own patents.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 9, 2024, Case #: 1:23cv3471, NOS: Patent - Property Rights, Categories: Patent, Transportation
J. Gonzalez dismisses with prejudice a transit workers union from an Metropolitan Transit Authority bus driver’s employment discrimination and fair representation complaint, finding the union’s decision recommending his termination following several incidences of workplace misconduct was not done in bad faith or motivated by his race, sexual orientation or disability.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 7, 2024, Case #: 1:23cv775, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Labor / Unions
J. Gonzalez issues sanctions against a competing vitamin and nutritional supplement supplier in a trademark infringement lawsuit. The court grants an award of fees to the litigant to cover the costs incurred as a result of the defendant’s failures to comply with the court’s discovery orders, including its failure to provide information that would help the litigant understand documents related to its advertising costs.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 7, 2024, Case #: 1:22cv3734, NOS: Trademark - Property Rights, Categories: Sanctions, Trademark
J. Donnelly dismisses a self-represented security guard’s amended disability discrimination complaint with claims for failure to accommodate, disparate treatment and hostile work environment. He fails to provide enough detail to suggest the harassment he endured was pervasive or severe or motivated by discriminatory animus to establish claims for disparate treatment or hostile work environment, and he fails to allege that he sufficiently informed his employer of his disability, how it affected it his job and why he needed an accommodation.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 7, 2024, Case #: 1:22cv2980, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Chen dismisses AmGuard from a lawsuit seeking payment under a homeowners insurance policy for losses to a Brooklyn residential property due to a fire. The litigant in this case, the mortgagee of record, lacks standing because it transferred the mortgage note to a non-party entity before filing suit. The court further dismisses counterclaims filed by the property’s owners, finding the policyholder failed to return an executed proof of loss form within the required 60-day period, so the insurer was in its right to deny coverage for the losses.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 6, 2024, Case #: 1:20cv5990, NOS: Other Contract - Contract, Categories: Insurance, Property
J. Locke enters judgment against a construction materials vendor on an unjust enrichment claim and awards a fencing installer $3.3 million in damages. The court finds enough evidence was presented to prove the supplier significantly overcharged the installer for blades used to cut concrete, in some cases as much as 40 times more than the average price. The court further finds the supplier’s members personally liable for the damages.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: March 6, 2024, Case #: 2:14cv2552, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Seybert sends a class action to arbitration to resolve federal and state labor law claims for unpaid overtime wages and failure to provide wage statements. The litigant claimed he could not be bound by the arbitration agreement because it was not provided to him in Spanish, his primary language. However, the employer presented documentation that shows he signed a document, written in Spanish, that stated he had read and understood the company’s employee handbook, which contained the company’s arbitration agreement; therefore he is bound by the arbitration agreement.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 6, 2024, Case #: 2:21cv4518, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Class Action, Labor