24 results for 'judge:"Block"'.
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. Block preserves claims for loss of consortium and negligent infliction of emotional distress against New York City and its police. The suit was brought by the ex-wife and children of a man who was wrongfully imprisoned for 23 years on murder charges. The husband subsequently received a $6.3 million settlement from the city after his conviction was overturned. There are remains a dispute as to whether there was a possibility the two would reconcile their marriage and thus establish a claim for loss of consortium.
Court: USDC Eastern District of New York, Judge: Block, Filed On: March 28, 2024, Case #: 1:14cv3794, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort
J. Block preserves on a motion for summary judgment a Fair Credit Reporting Act complaint which alleges HSBC Bank failed to conduct a reasonable investigation of an account holder’s dispute of a debt incurred as a result of credit card fraud. The litigant alleges a scammer stole his new credit card, activated it through deceptive means and then used it to make a large purchase at BJ’s Wholesale. The litigant provides enough detail that alleges HSBC willfully ignored evidence in support of his dispute that showed he was not the one who activated the card, nor was present in the store when the purchases were made.
Court: USDC Eastern District of New York, Judge: Block, Filed On: February 16, 2024, Case #: 1:20cv4566, NOS: Consumer Credit - Other Suits, Categories: Debt Collection
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J. Chen denies for the most part the MTA’s motion for summary judgment and allows an employment discrimination complaint to proceed to trial. The complaint alleges the city transportation agency passed over two experienced attorneys, one a 56-year-old Asian woman and the other a 58-year-old Black woman, for a promotion to the agency’s Bronx Tort Division on the basis of their age, sex and race and instead gave the position to a younger, much less qualified white man. The litigants successfully rebut the agency’s arguments justifying the white candidate’s promotion by alleging they were far more qualified for the position — one of the women has more than 20 years of law experience — and that he did not have the requisite managerial experience. The court leaves it up to a jury to determine whether the agency’s proffered reasons for promoting the white candidate were credible or were instead pretextual.
Court: USDC Eastern District of New York, Judge: Block, Filed On: December 26, 2023, Case #: 1:20cv2827, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Block dismisses all state and federal claims brought against the New York City Child’s Services Administration, agency officials and city police officers involved in a mother’s wrongful arrest and prosecution on false charges of child abuse or mistreatment following an altercation with a roommate whose minor son exposed his penis to her daughter. Claims against the roommate, however, are allowed to proceed.
Court: USDC Eastern District of New York, Judge: Block, Filed On: November 29, 2023, Case #: 1:23cv1069, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Family Law, Police Misconduct
J. Block dismisses another legal challenge to the New York State Unified Court System’s Covid-19 vaccine mandate brought by a group of court officers and assistants who claim the state court system exceeded its authority in issuing the mandate and further denied their requests for religious exemptions on arbitrary grounds. The court rules the state judicial branch’s administrative arm has the authority to implement public health measures to ensure citizens’ access to the courts, the classifications they created regarding employees’ vaccination status passes rational review and the vaccine mandate did not shock the conscience.
Court: USDC Eastern District of New York, Judge: Block, Filed On: October 26, 2023, Case #: 2:22cv4002, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Covid-19
J. Block, in a rare ruling, awards a former Bronx Community College substitute athletic manager $75,000 in attorney fees despite a jury finding that he failed to prove that he was wrongfully terminated after receiving allegations of sexual harassment from a female athlete and awarded him $1 in nominal damages for his due process claims. The court finds the unique circumstances regarding his claims warranted the extraordinary award, most notably on the basis that CUNY mooted an arbitration proceeding which ultimately deprived him of his liberty interest in clearing his name from the underlying accusations.
Court: USDC Eastern District of New York, Judge: Block, Filed On: October 3, 2023, Case #: 1:19cv480, NOS: Other Civil Rights - Civil Rights, Categories: Arbitration, Employment, Attorney Fees
J. Block rules on four separate motions for summary judgment that seek to unravel a tangle of liability concerning claims stemming from injuries a laborer suffered while operating a piece of construction equipment. The remaining issues to decide at trial are whether the equipment supplier provided defective equipment, whether the equipment was repaired after the laborer filed his claims, whether the rental agreement with the supplier and the laborer's employer provided indemnification coverage for the accident, and whether the court has jurisdiction over the equipment manufacturer.
Court: USDC Eastern District of New York, Judge: Block, Filed On: September 25, 2023, Case #: 1:16cv607, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Product Liability, Indemnification
J. Block denies, in part, summary judgment to a general contractor and property owner on a laborer's workplace injury complaint for injuries suffered in a fall as a result of a defective temporary wooden ladder, ruling his state labor law claims under the Industrial Code provisions can proceed to trial while dismissing all other claims. The court enters judgement, in part, in favor of the site owner and general contractor on their third-party claims and finds the subcontractor liable for contractual indemnification coverage.
Court: USDC Eastern District of New York, Judge: Block, Filed On: August 31, 2023, Case #: 1:21cv2723, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Labor
J. Block grants a motion to dismiss a class action securities fraud suit filed against the operator of an online platform geared towards LGBTQ users in Asia, alleging it downplayed or omitted in its IPO documentation the effects the Chinese government’s recent crackdown on gay content would have on its future business operations. Within a year of trading on the stock market, the company’s stock price fell by more than 50%, resulting in heavy losses for investors. The court finds the China’s stance on LGBTQ rights was public knowledge and available to any discerning investor at the time, thus the company is shielded from liability for the losses.
Court: USDC Eastern District of New York, Judge: Block, Filed On: August 22, 2023, Case #: 1:21cv4044, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Lgbtq, Class Action
J. Block denies in part a motion to dismiss a former New York police officer’s First Amendment rights violations alleging he was fired from the police force following an investigation into his relationships with conservative firebrand Roger Stone and members of the Oath Keepers, Proud Boys and other individuals and organizations who supported former President Donald Trump. The investigation began after an anonymous tip that alleged the litigant participated in the Jan. 6, 2021, attack on the U.S. Capitol. The court preserves a single claim under his right to expressive association against the NYPD officials in their individual capacities, finding he sufficiently alleges that he suffered disciplinary action due to his actions which were of a matter of public concern, specifically Trump’s unsubstantiated claims of election fraud in the 2020 presidential election.
Court: USDC Eastern District of New York, Judge: Block, Filed On: August 8, 2023, Case #: 1:22cv5109, NOS: Employment - Civil Rights, Categories: Employment Discrimination, First Amendment
J. Block dismisses for lack of standing an action brought by three residents of East Hampton, New York, who sought to halt the construction of a wind farm off the coast of Long Island because the onshore trenching excavation work allegedly would exacerbate an existing PFAS contamination present in the surrounding soils. The defendants are not responsible for the onshore trenching work and are therefore are not the source of the residents’ alleged injury.
Court: USDC Eastern District of New York, Judge: Block, Filed On: July 17, 2023, Case #: 2:22cv1305, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Construction, Environment, Tort
J. Block denies Exxon’s partial motion for summary judgment on its breach of contract claims brought against a petroleum refiner alleging it refused to accept for storage one of its oil-based products, Altum 4, at a storage facility located in New Jersey under a terminaling subagreement. The court finds the evidentiary record has failed to established whether or not the refiner’s facility could accommodate that particular type of oil or that its refusal to do so was a veiled attempt to negotiate a better deal in light of recent financial hardships. Additionally, the court rules in favor of the refiner on Exxon’s good faith and fair dealing and negligence claims, finding them duplicative of its breach of contract claims.
Court: USDC Eastern District of New York, Judge: Block, Filed On: June 26, 2023, Case #: 1:21cv4183, NOS: Other Contract - Contract, Categories: Energy, Negligence, Contract
J. Block preserves the bulk of a male Latino police officer’s employment discrimination lawsuit brought against the New York Police Department and allows his claims for race and sex-based disparate treatment and hostile work environment to proceed to trial. He sufficiently alleges that his coworkers ridiculed him because he was a tall, handsome and muscular male Latino, calling him a “stud,” forcing him to participate in an arm-wrestling match and telling him he should take his shirt off to get his superiors to like him more.
Court: USDC Eastern District of New York, Judge: Block, Filed On: June 14, 2023, Case #: 1:21cv3601, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Block grants partial summary judgment to a group of six New York police officers on a woman’s civil rights violations stemming from her arrest on charges of assaulting her ex-husband with an umbrella. The court dismisses her claims for malicious prosecution, failure to intervene and Monell liability, but preserves one claim for false arrest, finding she was able to allege the reporting officers failed to seek information from unbiased witnesses while investigating the incident following a 911 call.
Court: USDC Eastern District of New York, Judge: Block, Filed On: June 13, 2023, Case #: 1:20cv3603, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
J. Block denies a self-represented litigant’s claim seeking a preliminary injunction to halt the construction of an offshore wind farm near the coast of South Fork, Long Island. Her complaint fails to show the planned excavation work on the onshore portion of the project will disrupt the existing perfluoroalkyl and polyfluoroalkyl substances present in the ground or that the offshore facilities will impact the Atlantic cod population and ultimately increase prices on fish supplies.
Court: USDC Eastern District of New York, Judge: Block, Filed On: May 18, 2023, Case #: 2:23cv295, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Energy, Environment