565 results for 'court:"USDC Eastern District of New York"'.
J. Ross dismisses Travelers insurance company from a declaratory relief action that seeks defense and indemnification coverage for an underlying personal injury lawsuit. The subcontractor’s insurance policy does not list the litigants as additional insureds, therefore they are not entitled to relief.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: March 5, 2024, Case #: 1:23cv7848, NOS: Insurance - Contract, Categories: Insurance
J. Gonzalez tosses an employment discrimination lawsuit that alleges a property manager wrongfully terminated a janitor due to an unspecified disability. His Americans with Disabilities Act claims are untimely, and his Eighth Amendment claim for what he calls “cruel and inhumane employee punishment” also fails because such claims apply only against state actors, not private parties. He also fails to allege his union breached its duty of fair representation under the Labor Relations Management Act when it denied his grievance regarding his wages.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 5, 2024, Case #: 1:23cv385, NOS: Employment - Civil Rights, Categories: Constitution, Employment Discrimination, Labor / Unions
J. Chen grants a non-party creditor’s motion to intervene in a Securities and Exchange Commission enforcement action. The creditor provided the defendant, who is accused of perpetrating an investment scheme, five loans totaling more than $21 million. It requests the release of the loans’ collateral from an asset-freezing preliminary injunction issued in the case, including 11 condominium units and two time certificates of deposits. The creditor argues that, in the time since the debtor made any interest payments on the loans, the value of the properties have decreased considerably, jeopardizing its ability to make back its money. The court finds releasing the assets will help the creditor better protect its financial interests.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 4, 2024, Case #: 1:21cv5350, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Debt Collection, Securities
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J. Azrack throws out a class action challenging the New York health department’s alleged mishandling of applications for Medicaid assistance, claiming the department failed to provide adequate notice of the right to an expedited fair hearing and failed to timely determine a resident’s eligibility for benefits. The court finds she lacks standing to bring suit and declines to rule on the merits of her claims.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: March 1, 2024, Case #: 1:22cv1436, NOS: Other Civil Rights - Civil Rights, Categories: Medicaid, Class Action
J. Brown denies summary judgment to a Long Island village and its planning board on a family estate’s constitutional takings claim. The estate alleges the village wrongfully denied three applications to build a dock on its waterfront property over a nine-year period. The village ultimately granted their application for the work in 2019, but only after the courts intervened. Federal courts find claims for regulatory taking are not rendered moot even though the underlying action is remedied. The court further finds the claim is timely.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: March 1, 2024, Case #: 2:19cv5760, NOS: Other Civil Rights - Civil Rights, Categories: Property, Zoning
J. Donnell dismisses a case brought by one of Jeffrey Epstein’s accusers in which she seeks to hold the owners of a building in which the assaults took place liable for the assaults. She claims the building’s owners allowed the abuse to occur by supporting Epstein socially and financially and allowing him to continue working and living in the building. The court finds the same underlying facts supporting her claims have already been litigated in an underlying state court action that she brought against Epstein’s estate, thus her claims are barred under res judicata.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: February 29, 2024, Case #: 1:22cv125, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Jurisdiction, Assault
J. Cho awards the prevailing litigant in a civil rights action $268,547 in attorney fees and $5,282 in costs after jury found in favor of a Rikers Island inmate who says he was assaulted by two corrections officers, awarding him $1.5 million in damages. The court reduces his counsel’s requested hourly rate of $550 to a more reasonable $450 per hour.
Court: USDC Eastern District of New York, Judge: Cho, Filed On: February 28, 2024, Case #: 1:17cv6349, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Attorney Fees, Prisoners' Rights
J. Seybert enters judgment in favor against a woman on claims that a Suffolk County detective violated her due process and equal protection rights when he flirted with her over text while investigating claims that she was being stalked and harassed by an unknown person. The court finds the flirtation, while inappropriate, did not rise to the level of violating her constitutional rights. The court also finds the county not liable and dismisses those claims.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 28, 2024, Case #: 2:19cv4527, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Equal Protection, Police Misconduct
J. Seybert preserves a trademark infringement lawsuit against a canned produce seller for its use of the “Backyard Food” trademark in connection with the sale of pickled food products. The court rules the litigant’s almost six-year delay in bringing suit does not warrant dismissal because it requires additional fact-finding analyses, which are generally recommended on a motion to dismiss.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 26, 2024, Case #: 2:22cv4342, NOS: Trademark - Property Rights, Categories: Trademark
J. Azrack orders a new trial for a landlord’s First Amendment retaliation claims. A jury awarded him $76,550 in damages after finding a municipality on the southern shore of Long Island violated his rights when the commissioner for its planning and development department filed four civil lawsuits against him and denied his rental permit applications for his four rental properties after he voiced opposition to how the town served criminal summonses and its refusal to grant his applications. The court finds the jury’s verdict lacks legal support and ruled against the weight of the evidence.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: February 26, 2024, Case #: 2:12cv5434, NOS: Other Civil Rights - Civil Rights, Categories: Jury, First Amendment
J. Matsumoto enters partial default judgment and finds a mechanical engineering and fabrication firm and its owner jointly and severally liable for a client’s breach of contract claim and awards the client $200,000 in damages, plus pre- and post-judgment interest. The client successfully alleges the fabricator breached an agreement when it failed to design and build a machine that would convert plastic waste into fuel.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: February 26, 2024, Case #: 1:22cv250, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Gonzalez grants partial summary judgment and finds a Canadian augmented reality advertising firm liable on two investor’s breach of contract claim alleging the firm violated an agreement allowing investors to convert their stock warrants into shares conditioned upon certain criteria. The company was not allowed to accelerate the warrants’ expiration because its stock price had not maintained a value of $0.75 for 10 consecutive days, as stipulated under the agreement. The court leaves the question of damages for a jury to determine.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: February 23, 2024, Case #: 2:20cv3880, NOS: Other Contract - Contract, Categories: Securities, Contract
J. Wicks grants a joint motion to seal various exhibits which both parties claim contain sensitive confidential business information, trade secrets, data privacy and cybersecurity information. The case involves allegations that the defendants failed to safeguard its customers’ personally identifiable information, which were targeted by hackers in a data breach. The court directs the parties to redact the privileged information related to defendant’s anti-fraud practices and procedures as well as the litigants’ personal information.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: February 23, 2024, Case #: 2:21cv6911, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Evidence, Privacy, Technology
J. Wicks denies in part a motion for a protective order filed in an employment discrimination complaint and directs the mortgage lender to provide documents that it describes as sensitive business information, including its gross-total volume in mortgage sales for its New York branch. The litigants, regional managers who claim they were discriminated against on the basis that they are Italian Americans, seek information related to the company’s decision to restructure, which led to their terminations. The lender fails to explicitly detail how disclosure of this information would harm the company.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: February 21, 2024, Case #: 2:23cv542, NOS: Employment - Civil Rights, Categories: Discovery, Banking / Lending, Employment Discrimination
J. Seybert adopts a magistrate judge’s order, preserving claims for money had and received, unjust enrichment and equitable clawback in a lawsuit alleging various holding and investment companies illegally diverted $1.45 million of a company’s assets following its dissolution in exchange for a $4.5 million loan. The defendants fail to allege enough facts in their objections that would conclusively show the former company did not legally possess the funds when they were transferred.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 21, 2024, Case #: 2:20cv1166, NOS: Commerce - Other Suits, Categories: Corporations, Banking / Lending