161 results for 'court:"USDC Western District of New York"'.
J. Larimer allows a detainee to continue claims contending correction officers assaulted him for complaining that one of them sexually assaulted his girlfriend when she visited him at the facility, as the detainee's expert report had been timely disclosed more than 90 days before trial. Meanwhile, eyewitness testimony supports the allegation that officers participated in the assault, and evidence indicates the officers had been aware of the detainee's complaint at the time.
Court: USDC Western District of New York, Judge: Larimer , Filed On: April 17, 2024, Case #: 6:19cv6189, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts
J. Vilardo allows a security sergeant to continue claims contending he had been given inferior scheduling opportunities and subsequently fired after complaining that he had been mocked based on his age and hearing disability and that coworkers had been illegally eavesdropping and recording conversations. Demeaning remarks had been made at a meeting several years before the alleged adverse actions occurred, and an incident in which the sergeant passed out concerned a one-time medical incident, not a disability. However, the complaint plausibly alleges the security sergeant was mocked and ostracized due to his hearing disability, and he had been fired less than four months following the investigation into retaliation claims.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: April 15, 2024, Case #: 1:20cv1861, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Foschio rules in part for police and corrections officers in claims contending police falsely arrested a drug addict and failed to prevent him from committing suicide while detained, even though he had expressed suicidal ideation, as corrections officers failed to place the detainee in special medical housing under close monitoring. However, evidence did not indicate the decedent provided support or services to surviving family in order to justify pecuniary or compensatory damages, or that any officer intended to interfere with the decedent's familial relationships.
Court: USDC Western District of New York, Judge: Foschio , Filed On: April 11, 2024, Case #: 1:22cv766, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Wrongful Death
J. Geraci allows a corrections officer to continue pro se claims contending a union kept deducting dues from his wages after he resigned and failed to honor time-off requests, as well as falsely accused him of various wrongdoing on the job. The officer failed to demonstrate he properly notified the union of his resignation, and the complaint failed to plausibly allege retaliatory actions had been taken against him related to health benefits due to his resignation. However, accusations that he abandoned his post had not bee investigated.
Court: USDC Western District of New York, Judge: Geraci , Filed On: April 9, 2024, Case #: 6:22cv6279, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
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J. Vilardo rules against an elevator company in claims contending an elevator malfunctioned and slammed down, causing a correction officer "serious injuries," because questions remain as to whether maintenance records were complete and accurate, and evidence does not support the theory that, since the safety mechanism had not been triggered, a sudden drop had not occurred.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: March 30, 2024, Case #: 1:18cv333, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability
J. Vilardo finds for a company accused of firing an employee for complaining about race and age discrimination because the record does not indicate that a supervisor's criticism of food "from Olive Garden or Red Lobster" had been racially motivated, and the complaint does not elaborate as to how the employee had been retaliated against. Meanwhile, the company plausibly contends the employee had been fired due to problems with her management style and for failing to comply with sanitation procedures.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: March 29, 2024, Case #: 1:20cv632, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Crawford finds for police and parole officers accused of searching a parolee's residence without a warrant upon discovering guns and ammunition in the basement because evidence does not indicate city officials authorized or requested the search, or that officers were pursuing anything other than legitimate probation-related objectives. One officer mentioned the parolee's race as a reason to investigate him as a suspect in a local shooting, but the officers also considered other characteristics.
Court: USDC Western District of New York, Judge: Crawford , Filed On: March 29, 2024, Case #: 1:19cv843, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Larimer allows heirs of a parole officer who had been shot in the arm, head, and abdomen by police colleagues, allegedly during a "wellness check," to continue certain claims in an action alleging wrongful death, excessive force, and other causes of action, because police were acting in their official roles, not as private citizens, when they called in the wellness check. However, the heirs failed to plausibly allege police officials conspired to punish the parole officer for having brought discrimination and harassment claims against the department of corrections and department employees.
Court: USDC Western District of New York, Judge: Larimer, Filed On: March 27, 2024, Case #: 6:18cv6712, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Hurd dismisses claims for due process, age discrimination and equal protection against an Upstate New York municipality and its town board members alleging they unlawfully reduced and altered a retired officer’s medical insurance benefits and subsequently remands his remaining state law claims back to New York Supreme Court. Notably, his due process claim fails because he fails to allege that he has a cognizable property interest in his retiree health benefits.
Court: USDC Western District of New York, Judge: Hurd, Filed On: March 26, 2024, Case #: 5:23cv1467, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Equal Protection, Employment Discrimination
J. Chesler allows plaintiff to continue counterclaims contending a developer's Facebook and Instagram "smear campaign" harmed the software incubator's personal and business standing in the industry and violated the non-disparagement clause of the parties' contract. At this stage, allegations of reputational damage are sufficient, and text messages indicate the developer alleged the incubator ran a Ponzi scheme and stole from him.
Court: USDC Western District of New York, Judge: Chesler , Filed On: March 25, 2024, Case #: 2:22cv6116, NOS: Other Contract - Contract, Categories: Defamation, Contract
J. Geraci allows plaintiff to continue claims contending police officers shot plaintiff as he fled his car because the officers did not point to a good reason for dismissal and failed to seek summary judgment; however, certain claims against city officials were unsubstantiated. Meanwhile, an audio recording contained probative value by contradicting the officers' claims that they heard a gunshot before firing.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 22, 2024, Case #: 6:17cv6176, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Skretny partially declines to dismiss the complaint alleging that the holding company failed to properly make earn-out payments by failing to refer business to the video distribution company owners. The owners plausibly allege that the inventory-reserve promises were enforceable, the claims are not limited to merely accounting processes, and the owners have sufficiently shown the memorandum of understanding between the parties that related to a third party is unenforceable.
Court: USDC Western District of New York, Judge: Skretny , Filed On: March 20, 2024, Case #: 1:22cv518, NOS: Other Contract - Contract, Categories: Contract
J. Wolford dismisses some claims in the police officer's complaint alleging that he was discriminated against and forced to resign after he identified other officers who were violating penal law and was told by coworkers to "keep his mouth shut." The officer fails to cite language in the collective bargaining agreement that gives individual employees obligations to enforce any issue against the union, and there is no proof the union is a state actor or was engaged in joint activity with the city. However, it is not yet clear whether a settlement agreement bars the officer's claims against the city.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 19, 2024, Case #: 6:23cv6147, NOS: Employment - Civil Rights, Categories: Employment, Labor / Unions
J. Geraci finds that some claims can proceed in a class action that alleges the healthcare facility failed to properly protect patient information and disclosed it to others on Facebook. It is plausible that the information transmitted when a patient scheduled an appointment could be used to identify an individual, that the company intentionally incorporated the web program into its servers, and that the company had a duty to protect the data.
Court: USDC Western District of New York, Judge: Geraci, Filed On: March 19, 2024, Case #: 6:23cv6027, NOS: Other Contract - Contract, Categories: Health Care, Privacy, Technology
J. Pedersen compels to arbitration a complaint alleging that the company penalized and later fired the employee after he requested extended leave following a heart attack. The employee had been informed of the arbitration agreement, given a link to the agreement, and provided choices to accept the agreement. The arbitration agreement covers the dispute between the parties and is not unconscionable.
Court: USDC Western District of New York, Judge: Pedersen , Filed On: March 15, 2024, Case #: 6:23cv6569, NOS: Employment - Civil Rights, Categories: Arbitration, Employment
J. Wolford dismisses a complaint alleging that CVS's hand sanitizer falsely claims to kill 99.99% of germs. It would not be reasonable for a consumer to expect the hand sanitizer to kill disease-causing germs not frequently found on hands. Furthermore, the back label of the product "makes clear that the product kills 'more than 99.99% of many common germs that cause illness,'" not all disease-causing germs.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 15, 2024, Case #: 6:22cv6227, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, False Advertising
J. Vilardo allows plaintiff to continue certain pro se claims contending an employee faced a hostile work environment due to her race and had been suspended her without pay after she refused to undergo an evaluation. She also contends the employer failed to properly calculate her accrued vacation and forced her to work in dangerous conditions with mentally ill patients, but the claims against the employees and officers are duplicative of claims against the city, while many others are conclusory. Claims that refer to events that happened the day after she filed administrative charges should continue.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: March 13, 2024, Case #: 1:22cv725, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Geraci allows a delivery driver to continue certain claims contending Insomnia Cookies failed to pay minimum wage and misappropriated tips because the cookie company does not employ or recruit employees in the state, and the complaint failed to demonstrate wage and tip violations related to business transacted in New York. However, the complaint plausibly alleges the company failed to provide the driver the full amount of tips.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 11, 2024, Case #: 6:23cv6321, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Jurisdiction
J. Geraci rules in part against a college accused of disciplining a male student based on gender bias after he was accused of sexual assault by a female student. The student failed to identify express promises related to contract breaches, but a reasonable jury could find the college wrongfully flipped the burden of proof. Meanwhile, text messages from the female student cast doubts on her sexual assault allegations.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 11, 2024, Case #: 6:21cv6761, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. Wolford dismisses claims contending the state wrongfully required Amish schoolchildren to receive vaccines against religious objections and issued non-compliance orders against Amish private schools because evidence does not indicate the state education commissioner had or will have any role in enforcing state public health laws. Meanwhile, the laws at issue do not contain hostility toward religious beliefs, and the fact that the state has not accomplished complete compliance among all students does not mean the law is not generally applicable.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 11, 2024, Case #: 1:23cv484, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Reiss dismisses claims contending police beat a 78-year-old man for stealing a police vehicle, which caused his death three weeks later, because state law claims were not timely served, and the action failed to indicate survivors suffered damage due to the man's death.
Court: USDC Western District of New York, Judge: Reiss, Filed On: March 11, 2024, Case #: 1:22cv186, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Civil Rights
J. Geraci allows a housekeeper to continue certain claims contending a senior living company fired her after she complained that she had not been paid on a weekly basis and that she had been wrongfully accused of sleeping on the job. The complaint plausibly alleged state law provides the right to weekly wages and that the housekeeper had been terminated the day the company was served a complaint. However, no private right of action exists under certain cited laws.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 7, 2024, Case #: 6:23cv6227, NOS: Other Labor Litigation - Labor, Categories: Employment, Employment Retaliation