565 results for 'court:"USDC Eastern District of New York"'.
J. Gonzalez grants judgment in favor of New York City on all but one claim asserted in a citizen’s civil rights lawsuit stemming from weapons charges issued at a traffic stop. The court preserves his claim for denial of a fair trail against one of the arresting officers, finding he provides enough detail to establish a genuine dispute of fact as to whether or not the officer provided false information to prosecutors regarding where he found the firearm and whether or not the citizen claimed at the time that the firearm was his.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: May 14, 2024, Case #: 1:21cv2280, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Wicks denies CVS’s motion for a protective order in a disability discrimination case and allows the wheelchair-bound customer to depose a small number of former employees who could shed light on the store’s training procedures regarding ADA compliance and whether the store followed their own procedures as it relates to keeping store aisles free of obstructions. The court finds the information sought is relevant and would not be unduly burdensome for the defendant. The court further grants a 60-day extension for limited discovery.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: May 14, 2024, Case #: 2:23cv3298, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Discovery
J. Korman enters judgment in favor of a former chief operating officer on her breach of contract claim, finding her employer breached her employment contract by failing to pay her full salary as well as a $280,000 bonus. However, the court grants judgment to the employer on her state labor law claims for unpaid minimum wages, finding she is exempt from the law’s minimum wage provisions because she is a high-level professional.
Court: USDC Eastern District of New York, Judge: Korman, Filed On: May 13, 2024, Case #: 1:21cv473, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Contract, Labor
J. Block grants judgement to the New York City Transit Authority on a former bus maintainer’s employment retaliation complaint. He claims it refused to rehire him after a jury returned a verdict in his favor on claims that he was fired after reporting a document adorned with Nazi symbols at a workplace copier machine. The court finds the decision not to rehire him was not retaliatory, as the maintainer fails to present any evidence that suggests those involved in the decision knew of his lawsuit.
Court: USDC Eastern District of New York, Judge: Block, Filed On: May 10, 2024, Case #: 1:21cv4255, NOS: Employment - Civil Rights, Categories: Employment Retaliation
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J. Donnelly denies a series of motions to intervene brought by a small group of current and former union members who seek to overturn or modify a consent order in which two factions of a union representing employees at an Staten Island Amazon fulfillment center agreed to hold leadership elections. The court finds their motions untimely; thus they are not entitled to intervention.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: May 9, 2024, Case #: 1:23cv5261, NOS: Labor/Management Relations - Labor, Categories: Labor / Unions
J. Merkl grants, in part, the parties’ motions to seal their respective motions for summary judgment in a trademark infringement lawsuit over the sale of Fossil-brand watches. The court seals information deemed trade secrets or confidential, including where certain watch parts are fabricated, while preserving any information that the court will use to analyze their claims.
Court: USDC Eastern District of New York, Judge: Merkl, Filed On: May 9, 2024, Case #: 1:20cv2441, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark
J. Wicks grants a Long Island village’s motion to stay discovery pending the outcome of its motion to dismiss in a case over land-use rights. A resident alleges the village violated his constitutional rights when it deliberately delayed his subdivision application for over five years. The court agrees with the village’s argument that its motion to dismiss will most likely be successful, primarily on the basis that the claims are time-barred.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: May 8, 2024, Case #: 2:23cv4249, NOS: Other Civil Rights - Civil Rights, Categories: Zoning, Discovery
J. Morrison preserves a Fair Labor Standards Act complaint against two health care staffing agencies brought by the U.S. Labor Department on behalf of two Filipino nurses. The department alleges the agencies entered into employment contracts with three-year commitments and are now seeking thousands of dollars in damages after the nurses decided to quit prior to the end of their contracts, a system that the Labor Department claims constitutes illegal kickbacks and ultimately violates federal minimum wage and overtime regulations. The court rules the agency has standing to enforce the FLSA under both Article II and Article III of the Constitution, and its claims sufficiently allege violations under federal wage laws.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: May 8, 2024, Case #: 1:23cv2119, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Wicks grants, in part, a motion to modify the court’s preliminary injunction in a RICO case involving several Long Island-based car dealerships. The court denies the litigant’s request for the return of 43 vehicles that are currently unacccounted for, finding they failed to produce any evidence at a hearing showing the defendants are in possession of the vehicles. The court, however, grants its request seeking permission to sell 30 vehicles subject to the order and to retain the proceeds, as well as its request compelling the defendants to cooperate with its intent to wind up its business operations.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: May 8, 2024, Case #: 2:23cv6188, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Vehicle, Racketeering
J. Reyes tosses a third-amended false advertising complaint concerning at-home ovulation test kits sold at various nationwide retail chains under the Clearblue and First Response brands. The suing customers say the products fail to predict when a consumer is ovulating with 99% accuracy. The court finds a reasonable consumer would exhibit a higher degree of discernment when deciding whether to buy the product and would read the side and back labeling, which clearly state the product does not test for actual ovulation, rather it detects a rise in luteinizing hormone levels, which typically suggests ovulation will occur in the next 24-36 hours.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: May 7, 2024, Case #: 1:22cv5435, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Consumer Law, Class Action, False Advertising
[Consolidated.] J. Cho consolidates two securities class actions against New York Community Bancorp, a Northeast-regional bank holding company, which allegedly made misleading statements regarding the quality of its assets following the acquisition of two commercial banks, leading to a steep decline in its stock value once it announced it would cut dividends following substantial quarterly losses. The court finds the two cases involve the same set of claims and questions of law. The court further appoints the Boston Retirement System as lead plaintiff, finding it suffered the second biggest financial losses at $889,177 and it satisfies the court’s preference to have institutional investors as lead plaintiffs in class actions.
Court: USDC Eastern District of New York, Judge: Cho, Filed On: May 7, 2024, Case #: 2:24cv1118, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Morrison orders the former attorney, Andrew Plasse, in an excessive force lawsuit against New York City to transfer his client’s case file to the new counsel, Michael Walker, finding the Plasse is not entitled to either a retaining or charging lien after concluding he was discharged from the case with cause. Plasse was sanctioned by the court for failing to act in his client’s best interest, including withholding pertinent details of a proposed settlement agreement and by lying to the court about his client’s health in order to adjourn a scheduled conference.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: May 6, 2024, Case #: 1:14cv680, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Attorney Discipline
J. Locke declines to sever and stay a patent infringement claim from a patent, false advertising and trademark complaint against three Germany-based companies alleging they manufactured, imported and sold infringing dental adhesive mixing devices, finding several factors weigh against severance. The court further grants the competitors’ motion to stay the full case pending resolution of the litigant’s appeal challenging the Patent Trial and Appeal Board’s decision, which found several aspects of the underlying patent unenforceable.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: May 3, 2024, Case #: 2:22cv6613, NOS: Patent - Property Rights, Categories: Patent, Trademark, False Advertising
J. Brown preserves, in part, a putative class action against the parent company of the Cold Stone Creamery ice cream shops, which allegedly misled consumers into believing its pistachio-flavored ice cream contained actual pistachio nuts. The litigant sufficiently backed up her claims by including documentation showing competitors’ ice cream products contained pistachio nuts, as well as customer surveys showing 85% of those polled expected there to be pistachio nuts in the product. However, she fails to provide similar documentation regarding several other flavors; thus her claims related to those flavors are dismissed.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: May 2, 2024, Case #: 2:22cv7841, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Class Action
J. Cogan dismisses an unpaid wages complaint against a company who had settled similar claims in a prior class action. The litigant, one of four class members in the class action, sought to challenge the settlement, claiming it was unfair and did not adequately represent his interests, but the court disagrees, finding he had ample opportunity to either raise objections or opt out of the settlement after notices were sent out to potential members.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: May 1, 2024, Case #: 1:23cv5165, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Gershon dismisses, with prejudice, a third-amended False Claims Act suit against the maker of durable medical equipment and two health care providers alleging they submitted fraudulent reimbursement claims to Medicare and Medicaid. The relators fail to allege they were the original sources of the information at the heart of their case and thus fail to meet the law’s original source exception.
Court: USDC Eastern District of New York, Judge: Gershon, Filed On: April 30, 2024, Case #: 1:18cv2600, NOS: False Claims Act - Torts - Personal Injury, Categories: Fraud, Health Care, False Claims
J. Merchant grants a motion in limine and excludes a tenured law professor from St. John’s University School of Law as an expert witness in a trademark lawsuit concerning a dispute over the MED-AIRE brand of medical mattresses. The court finds a report he authored for the case relates to straightforward matters regarding trademark law that a jury can understand without the assistance of an expert.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 26, 2024, Case #: 2:22cv1272, NOS: Trademark - Property Rights, Categories: Trademark, Experts
J. Merchant dismisses a Middle Eastern employee’s retaliation claims against a Brooklyn health care provider, finding that filing complaint she made against her supervisor, for forcing her to work near an employee who tested positive for Covid-19, is not protected activity for purposes of a retaliation claim. The court however preserves her discrimination claims, finding she provides enough detail to allege she faced differential treatment because of her national origin.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 24, 2024, Case #: 1:23cv3313, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination, Employment Retaliation
J. Gonzalez adopts a magistrate judge’s findings and dismisses a field technician’s wrongful termination suit against Charter Communications, an Internet service provider. His retaliation and negligence claims are both time-barred, and he fails to provide any substantive evidence to rebut his employer’s defense that he was an at-will employee.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: April 24, 2024, Case #: 1:23cv7383, NOS: Other Contract - Contract, Categories: Employment, Negligence, Employment Retaliation
J. Choudhury tosses a class action brought by a self-representing litigant claiming several entities orchestrated a scheme to bankrupt and ultimately close an all-girls Catholic high school in Long Island, as well as other schools throughout the country. His claims do not concern federal law or establish diversity jurisdiction. Most notably, the court rules a pro se litigant cannot serve as class representative and class counsel at the same time, as that would unfairly prejudice the class members.
Court: USDC Eastern District of New York, Judge: Choudhury, Filed On: April 23, 2024, Case #: 2:24cv2636, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Jurisdiction, Class Action
J. Block preserves on a motion to dismiss a false advertising class action against the makers of Kerrygold Irish Butter alleging it misled consumers regarding the presence of per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” in the product’s packaging. The litigant bases the complaint on the premise that the chemicals can seep into the food itself, which the court finds as plausible. The court further finds a reasonable consumer would perceive the products as not containing harmful chemicals based on the “Pure Irish Butter” labeling.
Court: USDC Eastern District of New York, Judge: Block, Filed On: April 23, 2024, Case #: 2:23cv1198, NOS: Truth in Lending - Torts - Personal Property, Categories: Agriculture, Class Action, False Advertising
J. Matsumoto approves a $9.5 million proposed class action settlement against a steel manufacturer on claims for securities violations. Investors sued the company following a steep decline in its stock price after it was reported it had engaged in a bribery scheme targeting government officials in Argentina. The court awards lead counsel a third of the settlement amount, approximately $3.1 million, in attorney fees, plus $83,935 in expenses.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 22, 2024, Case #: 1:18cv7059, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Garaufis denies a motion to remand to state court a complaint against T-Mobile which alleges two employees stole $32,000 from a customer’s Coinbase account after stealing his personal information stored on his SIM card. The court finds the customer’s proposed settlement seeking a six-figure amount establishes the court’s jurisdiction.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: April 19, 2024, Case #: 1:23cv5206, NOS: Other Contract - Contract, Categories: Venue