273 results for 'court:"USDC New Jersey"'.
J. Sheridan allows employees to continue counterclaims stemming from trade secrets claims contending the company's proprietary information had been posted during discovery related to various complaints. The company seeks repayment of salaries paid to the employees, which could constitute retaliation, and whether the company sued other employees for failing to return laptops remains in dispute.
Court: USDC New Jersey, Judge: Sheridan , Filed On: November 2, 2023, Case #: 3:21cv16937, NOS: Other Contract - Contract, Categories: Trade Secrets, Employment Retaliation
J. Kirsch allows plaintiff to continue certain pro se claims alleging police officers used excessive force in arresting plaintiff during a wellness check because the complaint merely contends plaintiff's arms had been ripped out of their sockets without detailing the circumstances of the arrest or the role the officers played. However, whether the officers' actions violated a constitutional right remains unclear.
Court: USDC New Jersey, Judge: Kirsch , Filed On: November 1, 2023, Case #: 3:21cv20352, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Bumb finds for the city and casino in claims contending plaintiff tripped and fell over a raised board on the boardwalk because plaintiff failed to demonstrate that the two-inch height disparity in the boards constituted a non-trivial dangerous condition, and the city established that it employs boardwalk inspectors to check for significant hazards every day.
Court: USDC New Jersey, Judge: Bumb , Filed On: October 31, 2023, Case #: 1:21cv16875, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Hillman finds for a health network accused of changing a nurse's schedule and firing her after she complained that a doctor sexually harassed her, and based on the false accusation that she turned away a patient seeking an x-ray and failed to assist another patient who was experiencing Covid-19 symptoms. The nurse did not establish that the doctor's conduct had been severe, and the health network issued the doctor a warning about his behavior. Meanwhile, the nurse's holiday schedule was changed based on the network practice of rotating schedules each year, and no direct line existed between her sexual harassment complaints and the decision to fire her. Also, evidence did not indicate the nurse suffered a qualifying disability.
Court: USDC New Jersey, Judge: Hillman , Filed On: October 31, 2023, Case #: 1:22cv7, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
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J. Chesler allows the parties to continue certain claims and counterclaims contending a manufacturer kept a company's merchandise in its warehouses following cancellation of the parties' contract and that the company breached the parties' escrow agreement. Discovery must show whether the balance of merchandise remains in the manufacturer's possession, and while monies are currently held in escrow, funds should be deposited with the court since it is unclear whether the agreement had been breached.
Court: USDC New Jersey, Judge: Chesler , Filed On: October 30, 2023, Case #: 2:23cv1759, NOS: Other Contract - Contract, Categories: Contract
J. Donio certifies class claims contending a company failed to pay current and former assistant store managers overtime after misclassifying them as exempt because the complaint demonstrates the mangers performed similar duties, many the same as non-exempt employees. However, the proposed form of notice omits key information about employees who chose to opt into the complaint, and the "consent to join form" is inconsistent with the proposed notice.
Court: USDC New Jersey, Judge: Donio , Filed On: October 30, 2023, Case #: 1:22cv608, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Employment, Class Action
J. Hillman appoints substitute class counsel in claims contending the state system for resolving special education cases denies parents and disabled children timely resolution. The proposed transition from third-party advocate to class counsel risks unfairness to the agency, but stipulations, such as points of contact, may mitigate conflict concerns.
Court: USDC New Jersey, Judge: Hillman , Filed On: October 27, 2023, Case #: 1:19cv12807, NOS: Education - Civil Rights, Categories: Education
J. Kirsch declines to impose sanctions against banks accused of seeking to foreclose on a home despite an automatic stay because the homeowners' meritless pleadings raised issues similar to claims that have been adjudicated, and the homeowners engaged in "harassing and vexatious conduct." Meanwhile, the banks have complied with court disclosure rules.
Court: USDC New Jersey, Judge: Kirsch , Filed On: October 17, 2023, Case #: 3:18cv15387, NOS: All Other Real Property - Real Property, Categories: Debt Collection, Sanctions, Discovery
J. McNulty finds for the school district in claims contending a seventh grade student had been taught about Islam with videos and worksheets that favored Islam over Christianity or Judaism. The teachings did not violate the anti-establishment clause since the student testified he had not felt coerced by the curriculum or materials, and since Islam had been taught as a world fact, not a revealed truth.
Court: USDC New Jersey, Judge: McNulty , Filed On: October 16, 2023, Case #: 2:18cv966, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Education
J. Neals dismisses nearly all claims contending a coworker falsely submitted a corrections officer's name for membership to the Ku Klux Klan, that the coworker threatened other officers, and that he secretly recorded officers' phone calls. Evidence did not indicate the coworker was acting within his job duties while recording the officers, and none of the coworker's actions caused the officers loss of prospective gain. Meanwhile, one officer had been fired for excessive absenteeism, and evidence did not indicate discipline had been retaliatory.
Court: USDC New Jersey, Judge: Neals , Filed On: October 13, 2023, Case #: 2:17cv2875, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Negligence, Emotional Distress
J. Clark denies nationwide certification in class claims contending a rental car company imposed administrative fees without consent or disclosure after plaintiff received a speeding ticket from an automatic traffic enforcement device. Unjust enrichment laws of different states may conflict, and New Jersey law will not apply to all class members. However, that 52% of the proposed class knew about the ticket process, paid the violations, and rented from the company again did not bar certification of a subclass.
Court: USDC New Jersey, Judge: Clark , Filed On: October 10, 2023, Case #: 2:14cv6072, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Bumb declines to impose a temporary restraining order against the university and a professor who allegedly sexually assaulted a PhD student and hindered her progress by giving her poor scores on several tests. The university is fully aware of the student's complaint and an investigation is pending into the assault. Meanwhile, the university had two new graders blindly re-score the student's failed test. Meanwhile, that she contends she is a strong student does not mean retaliation claims will likely succeed.
Court: USDC New Jersey, Judge: Bumb , Filed On: October 10, 2023, Case #: 1:23cv20657, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Restraining Order
[Redacted.] J. Day prohibits further public disclosure of settlement discussions in claims contending a competitor's natural quartz surface products utilize plaintiff's proprietary technology. A non-disclosure agreement had not been entered, but keeping settlement conversations confidential remains a well-recognized practice. Meanwhile, the competitor must demonstrate that confidential information obtained in preparing a separate civil complaint in another district has not been used.
Court: USDC New Jersey, Judge: Day , Filed On: September 29, 2023, Case #: 3:21cv10092, NOS: Patent - Property Rights, Categories: Patent, Settlements, Discovery
J. Shipp dismisses constitutional claims contending the state's prohibition on 3-D printed gun information forced a Texas-based company to cease activities in New Jersey for fear of enforcement because computer code designed for printing weapons is likely non-expressive speech, and plaintiffs failed to demonstrate how each type of information constitutes protected speech. Meanwhile, plaintiffs did not allege an individual had been prevented from printing a 3-D firearm, and the commerce clause does not prevent one state from criminalizing behavior originating from another state.
Court: USDC New Jersey, Judge: Shipp, Filed On: September 29, 2023, Case #: 3:21cv9867, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Firearms
J. Neals allows plaintiff to continue claims contending he had been arrested for a shooting based on false statements and that a police detective suppressed exculpatory evidence because the jury could conclude the officer acted maliciously after admitting he had not seen the player in possession of a gun during the incident.
Court: USDC New Jersey, Judge: Neals, Filed On: September 26, 2023, Case #: 2:18cv8972, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. McNulty allows plaintiff to continue class claims contending Samsung concealed screen defects in portable computers because plaintiff presented evidence of other complaints that had been posted online, and further relevant information should be presented in discovery. The claims also sufficiently allege the one-year warranty was unconscionable.
Court: USDC New Jersey, Judge: McNulty , Filed On: September 20, 2023, Case #: 2:21cv19470, NOS: Other Contract - Contract, Categories: Warranty, Contract