555 results for 'court:"USDC Eastern District of New York"'.
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
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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
J. Wicks denies a contractor’s motion to reopen discovery and further grants in part the Department of Labor’s motion for a protective order in this lawsuit seeking an order preventing the contractor from impeding the government’s investigation into alleged labor law violations. The courts concludes that reopening discovery to obtain a notice provided by the Department of Labor bestowing certain benefits to its employees if they act as confidential witnesses, which the defense claims creates a credibility issue, would deter potential witnesses from participating in the case and prejudice the case against the department.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 19, 2024, Case #: 2:21cv5697, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Labor
J. Wicks grants in part a motion to seal personal information disclosed in series of prior motions to quash or for a protective order, which included the defendants’ social security numbers and corporate bank account information. Several court filings are sealed entirely, while the court allows a portion of the documents to be refiled with redactions. The rest will remain public because the defendants themselves waived their rights to privacy when they included the information in their court motions and allowed those documents to remain on the court docket for months without taking the appropriate action.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 19, 2024, Case #: 2:23cv2370, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Evidence, Privacy, Discovery
J. Lindsay enters judgment in favor of a commercial door hardware manufacturer on the remaining breach of contract claim alleging it failed to provide a reseller with a continuous supply of if its products to ensure the reseller fulfilled its government contracts. The court considers the letters of supply provided by the manufacturer neither part of their dealer purchase agreement nor an enforceable contract, and further finds the supplier had not breached the original agreement because they agreed to continue supplying merchandise.
Court: USDC Eastern District of New York, Judge: Lindsay, Filed On: April 19, 2024, Case #: 2:15cv6280, NOS: Other Contract - Contract, Categories: Contract
J. Matsumoto dismisses a defamation lawsuit against a couple, who run a website and YouTube channel, and allegedly made defamatory statements about a North Carolina maker of tabletop role-playing games. The court finds the majority of the statements, some of which amounted to nothing more than name-calling, would merely be interpreted as opinions and thus are too subjective to be actionable.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 17, 2024, Case #: 1:22cv5686, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Defamation
J. Sannes adopts a magistrate judge’s order in full and dismisses an unrepresented litigant’s medical malpractice and disability discrimination claims against an upstate New York health care provider. His claims for medical malpractice are not actionable under the ADA or the Rehabilitation Act, and he fails to provide any evidence that would suggest discriminatory animus on the basis of a disability. Additionally, the court reaffirms the judge’s order denying his request to make his medical records public, as it would violate the court’s standard practice.
Court: USDC Eastern District of New York, Judge: Sannes, Filed On: April 17, 2024, Case #: 8:24cv27, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Procedure, Ada / Rehabilitation Act, Medical Malpractice
J. Komitee partially adopts a magistrate judge’s order and preserves for the most part an employment discrimination complaint filed against the United States Postal Service. The court dismisses the employee’s race or national origin discrimination claim with leave to amend. The court however rejects the order’s conclusion that the postal service had a legitimate reason for issuing adverse employment actions against the employee, finding the decision was based on evidence outside the pleadings.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 17, 2024, Case #: 2:20cv1146, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination
J. Seybert grants a construction worker’s motion for reconsideration, but again finds he lacks standing to bring claims for wage statement and notice violations against his employer under the Wage Theft Prevention Act. The court subsequently enters default judgment in his favor on his unpaid regular and overtime wages claims and awards him $17,217 in unpaid wages, plus that amount in liquidated damages, as well as pre- and post-judgment interest.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: April 16, 2024, Case #: 2:21cv4959, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages, Labor
J. Hall trims a class action against an energy services broker that was sued by a group of property owners who say it charged them exorbitant variable monthly rates for gas services following the automatic renewal of their respective agreements. The only claim to survive is one for implied covenant of good faith and fair dealing, finding the property owners reasonably expected their rates to be based on current market prices or, at the very least, not double the initial rate after their contracts were renewed.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: April 15, 2024, Case #: 2:22cv3664, NOS: Other Contract - Contract, Categories: Energy, Class Action
J. Liman tosses a legal challenge against the U.S. Eastern District Court’s rule of automatically assigning related cases filed by self-represented litigants to the same judge. In this case the litigant, a father, filed several suits related to his state child custody hearings, each of which were assigned to the same judge, who promptly dismissed the cases for various reasons. The court rules the system does not violate pro se litigants’ equal protection or due process rights.
Court: USDC Eastern District of New York, Judge: Liman, Filed On: April 12, 2024, Case #: 1:23cv4330, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Due Process, Equal Protection
J. Wicks reaffirms the court’s decision granting summary judgment in favor of the Nassau County Police Department on an officer’s Fourth Amendment claims after finding the department had sufficient cause to subject him to a drug test while he was out on sick leave on suspicions that he was abusing pain medication for a hand injury. The officer fails to present any new evidence or change in controlling law which would justify overturning the court’s decision.t
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 11, 2024, Case #: 2:19cv2236, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Ross finds a Long Island surgical practice’s claims against a union benefits fund for breach of contract and unjust enrichment, alleging failure to provide reimbursement for medical services, are preempted by ERISA and declines to remand the case back to state court.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: April 10, 2024, Case #: 2:23cv6145, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract, Labor / Unions
J. Wicks grants the Federal Bureau of Investigation’s motion for reconsideration in a civil rights lawsuit against Suffolk County and prohibits the county from disclosing 40 reports related to a prior federal criminal investigation into Suffolk County’s district attorney. The documents contain privileged information not related to the case and the litigant may petition the agency or file a FOIA request in order to obtain the information if desired.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 9, 2024, Case #: 2:20cv1501, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Police Misconduct
J. Merchant dismisses a Suffolk County father’s civil rights lawsuit alleging the Suffolk County District Court violated his constitutional rights when it granted custody of his children to their mother. His claims concerning the court’s ruling are precluded by the domestic-relations abstention doctrine, the judges involved in the child custody case are entitled to judicial immunity and the remainder of his claims fail to conform to civil procedure by failing to name an official acting under state law.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 8, 2024, Case #: 2:24cv126, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Family Law
J. Matsumo rules on a series of motions in limine in a personal injury product liability lawsuit against BMW, who was sued by a driver who says his right thumb was partially amputated when his 2013 BMW X5’s Soft Close Automatic door technology suddenly activated. The litigant is allowed to produce photographs of his injury as well as evidence related to a prior recall issued by BMW regarding the door closing tech, while BMW can present evidence to bolster its argument that external factors caused his injuries, but may not present evidence showing the vehicle manufacturer’s compliance with federal safety regulations, finding the information irrelevant.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 8, 2024, Case #: 2:17cv209, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Evidence, Tort, Product Liability