271 results for 'court:"USDC New Jersey"'.
J. Kugler dismisses counterclaims seeking a temporary restraining order to force Shark Tank contestants to take down social media posts because the contestants did not violate any part of a 2019 settlement, and the court already held that the parties had not invoked their audit rights under the settlement.
Court: USDC New Jersey, Judge: Kugler , Filed On: April 23, 2024, Case #: 1:23cv2967, NOS: Other Contract - Contract, Categories: Settlements, Contract
J. Pascal allows insurers to file an amended answer in an action contending total loss claims stemming from car collisions had been undervalued because the counterclaims are based on new sets of facts and plausibly allege one of the drivers had not entered a valid contract with an insurer.
Court: USDC New Jersey, Judge: Pascal , Filed On: April 15, 2024, Case #: 1:21cv20510, NOS: Insurance - Contract, Categories: Insurance, Contract
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J. Bumb dismisses claims contending a wealth manager failed to pay a temporary employee for corporate branding and marketing services because the employee failed to demonstrate the wealth manager's Delaware-based activities purposefully targeted New Jersey or that the wealth manager knew the employee resided in that state at the time of his alleged contract.
Court: USDC New Jersey, Judge: Bumb , Filed On: April 9, 2024, Case #: 1:23cv4352, NOS: Other Contract - Contract, Categories: Employment, Jurisdiction, Contract
J. Kirsch allows a company to continue claims contending manufacturers failed to deliver vinyl gloves and refused to return the deposit because the broker knew the manufacturer misrepresented that the company's deposit was guaranteed by a bank letter.
Court: USDC New Jersey, Judge: Kirsch , Filed On: April 8, 2024, Case #: 3:22cv6120, NOS: Other Contract - Contract, Categories: Contract
J. Waldor rules partially in favor of the supermarket, which allegedly failed to pay the employees overtime. The employees have plausibly challenged the accuracy of payroll records showing they were not properly compensated, and there is conflicting evidence supporting the company's request to establish a method of computing the overtime rates.
Court: USDC New Jersey, Judge: Waldor , Filed On: April 3, 2024, Case #: 2:18cv10486, NOS: Fair Labor Standards Act - Labor, Categories: Employment
J. Farbiarz rules in part for a hotel franchisor in claims contending the hotel owner terminated the franchise agreement without paying certain fees because evidence does not indicate the agreement included false promises or that the owner was fraudulently induced to enter the contract. Meanwhile, the agreement was set to run until 2036, and the franchisor is now out the recurring fees through that period.
Court: USDC New Jersey, Judge: Farbiarz, Filed On: March 28, 2024, Case #: 2:21cv11557, NOS: Franchise - Contract, Categories: Contract
J. O'Hearn allows plaintiff to continue claims contending a sales representative for a solar company failed to disclose a financing agreement in relation to solar panel installation because the purported "welcome call" recording has not been authenticated. However, evidence does not support identity theft claims, and that the company sent documents to the wrong email address did not indicate an effort to commit fraud and forgery.
Court: USDC New Jersey, Judge: O'Hearn , Filed On: March 28, 2024, Case #: 1:23cv2623, NOS: Consumer Credit - Other Suits, Categories: Fraud, Consumer Law
J. Kugler allows plaintiff to continue claims contending an insurer wrongfully denied coverage for a number of lawsuits related to an alleged Ponzi scheme because some of the alleged wrongful acts likely occurred before the "run-off" period contained in the policies. However, whether excess policies should have been applied remains unclear.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 28, 2024, Case #: 1:23cv1951, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Kugler allows plaintiffs to continue certain claims contending that in-vehicle infotainment systems failed to provide "seamless navigation" or "extra safety" as advertised. The drivers hail from six different states, and choice-of-venue determinations could directly impact the certifiability of the proposed class action. Meanwhile, plaintiffs sufficiently alleged under state law that they had been sold defective software systems without their knowledge.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 26, 2024, Case #: 1:23cv1897, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Unfair Competition, Choice Of Law, False Advertising
J. Hammer dismisses a class action alleging the debt collector attempted to collect debts without being properly licensed and by using threatening tactics. None of the language of the collection letters could be interpreted as threatening or harassing, the complaint mentions no expenses or actions taken as a result of the letters, and the borrower does not propose he was confused by letters as to the amount allegedly owed.
Court: USDC New Jersey, Judge: Hammer , Filed On: March 21, 2024, Case #: 2:18cv2388, NOS: Consumer Credit - Other Suits, Categories: Debt Collection
J. Bumb remands to state court a complaint alleging that the law firm and real estate holding company wrongfully failed to provide the attorney with retirement benefits after firing her. The retirement plan fell outside ERISA because there is no information on the procedures for obtaining the post-retirement income, nor information on how to challenge the decision to deny benefits. Further, there is no evidence the attorney fraudulently joined the partner or the law firm in the underlying whistleblower claim to avoid remand.
Court: USDC New Jersey, Judge: Bumb, Filed On: March 20, 2024, Case #: 1:23cv4224, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Jurisdiction
J. Kugler dismisses most of the claims in a complaint alleging that the insurer wrongfully failed to pay disability benefits. There is no evidence the insurer acted in bad faith, and any losses that resulted from the denial of the claim are best evaluated in the breach of contract claim.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 18, 2024, Case #: 1:23cv2493, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Bumb rules in favor of the insurer, which allegedly denied excess property damage claims after the policyholder's living room floor separated from a wall. The damage was found to have been caused by termites and standing water and the policy specifically excludes coverage for loss involving collapse caused by water.
Court: USDC New Jersey, Judge: Bumb , Filed On: March 18, 2024, Case #: 1:22cv2151, NOS: Insurance - Contract, Categories: Insurance
J. Sanchez declines to grant a preliminary injunction in pro se claims challenging various aspects of a will for fraudulent accounting documents. The decedent's son failed to demonstrate he will likely succeed because the underlying complaint had been dismissed due to pleading deficiencies and for jurisdictional reasons. Meanwhile, the state attorney general had no inherent conflict of interest in representing state defendants.
Court: USDC New Jersey, Judge: Sanchez , Filed On: March 12, 2024, Case #: 3:22cv1276, NOS: Other Civil Rights - Civil Rights, Categories: Wills / Probate, Jurisdiction
J. Day allows county residents to intervene in claims stemming from the denial of a cable company's application to install wireless facilities because the residents' interest in this complaint is different from the county's interest since they are concerned about environmental issues.
Court: USDC New Jersey, Judge: Day, Filed On: March 7, 2024, Case #: 3:23cv18091, NOS: Other Statutory Actions - Other Suits, Categories: Zoning
[Consolidated.] J. Kugler awards a company attorney fees in claims contending other members of the joint venture violated confidentiality and non-disparagement provisions of a settlement by accusing them of running an organized crime scheme. The company became the prevailing party when the court entered an injunction against the other members for violating the settlement, and the record indicates costs and fees were reasonable.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 6, 2024, Case #: 1:23cv2967, NOS: Other Contract - Contract, Categories: Settlements, Attorney Fees
J. Neals dismisses claims contending United Parcel Service fired a truck driver after he complained about repeated harassment and had denied transfer requests and other grievances. Many claims are preempted by UPS's supplemental agreement with the union, and other claims are time-barred; meanwhile, the complaint failed to plausibly allege hostile work environment, and the truck driver failed to respond to the assertion that the alleged harassment had not been severe or pervasive.
Court: USDC New Jersey, Judge: Neals , Filed On: March 5, 2024, Case #: 2:21cv11028, NOS: Employment - Civil Rights, Categories: Preemption, Employment Discrimination, Employment Retaliation
J. Wettre declines to transfer an action to the district of Delaware in claims contending a pharmaceutical company filed applications for a generic version of pirfenidone before related patents expired. A prior, similar lawsuit was fully concluded in Delaware before this complaint was filed, and while the pharmaceutical company is incorporated in Delaware, its principal place of business is in New Jersey.
Court: USDC New Jersey, Judge: Wettre , Filed On: March 5, 2024, Case #: 2:23cv4085, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Patent, Venue