22 results for 'judge:"Broderick"'.
J. Broderick partially declines to approve ExxonMobil's settlement agreement reached with Pennsylvania in this consolidated action over the contamination of groundwater from various energy defendants' use of the gasoline additive methyl tertiary butyl ether. The oil company has not sufficiently explained why, as a matter of law, all monetary damages claims against it in this case are barred, or why Pennsylvania law prohibits natural resource damages.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 6, 2024, Case #: 1:14cv6228, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Environment, Settlements, Tort
J. Broderick finds for the equine hospital on breach of contract and fraud claims in a suit over the attempted purchase of a CT scanner for $995,000. While the hospital made down payments on the machine, the defendant manufacturer actually lacked the capacity to make the technology it purported to sell. The manufacturer clearly breached the contract by failing to timely deliver the machine, its only obligation under the agreement, and the hospital incurred damages of $546,000 in down payments it made on a machine that was never delivered.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: April 9, 2024, Case #: 1:18cv6925, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Broderick dismisses a consumer class action alleging that the digital money platform misled consumers into investing in a cryptocurrency via a third-party company called Cred that ultimately lost all its value. The platform did not market this currency as part of the family of its own products, as it boldly showed users a full-page disclaimer taking no responsibility for a customer's choice to read more about the product before directing users to Cred's website.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: March 27, 2024, Case #: 1:21cv7579, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action
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J. Broderick denies the bitcoin miner's motion to dismiss claims that it failed to honor its contract with a customer who purchased $50,000 worth of cloud mining services or to compensate her with bitcoins as promised. The consumer may pursue claims against the individual defendants on a veil-piercing theory based on allegations that they siphoned funds and Bitcoins from their company to keep it undercapitalized, resulting in its current insolvency.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: October 24, 2023, Case #: 1:21cv7792, NOS: Other Contract - Contract, Categories: Corporations, Contract
J. Broderick grants the construction company's motion to vacate the judgment in favor of the employee and also grants the construction company's motion for an enlargement of time to answer or respond to the complaint, which alleges that the construction company did not pay the employee overtime. The construction company did not willfully defy court proceedings as the company has a new owner who did not learn of the lawsuit's existence in time to respond, so default judgment is not appropriate.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: August 18, 2023, Case #: 1:20cv1066, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Broderick finds a hospital properly terminated the employment of a doctor. The doctor was diagnosed with several degenerative disorders and was on a leave of absence to seek medical treatment. After the expiration of his leave, the hospital terminated the doctor’s employment, finding that he could no longer perform the duties of his job. Though the doctor claims he was discriminated against due to his disability and the hospital breached his employment contract, the instant court agrees with the hospital and finds the doctor is unable to perform his duties, even with reasonable accommodation, without affecting the safety of the patient. Finding no discrimination or breach of contract, the instant court grants the hospital’s motion for summary judgment and the doctor’s claims are dismissed.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: July 25, 2023, Case #: 17cv9606, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Contract
J. Broderick adopts the magistrate's report and recommendation awarding over $14 million to the content administrator that alleges that the software company trafficked products designed to circumvent its encryption technology. Damages were properly calculated by an expert witness. Website traffic evidence was correctly used in determining the award. Evidence used in determining the damages award was properly admitted, as well as being the only evidence proffered.
Court: USDC Southern District of New York, Judge: Broderick , Filed On: July 5, 2023, Case #: 1:14cv1112, NOS: Copyrights - Property Rights, Categories: Copyright, Technology
J. Broderick denies a synagogue's motion for preliminary injunction to prevent the Governor from enforcing a law preventing concealed carry of firearms in locations providing any kind of childcare. Although the congregation alleges that the provision deprives them of their First, Second, and Fourteenth Amendment rights, and have proven standing, they do not allege that the state officials themselves are committing any ongoing violations of federal law. The Governor and Attorney General are not proper defendants. Equities and the public interest weigh against injunctive relief.
Court: USDC Southern District of New York, Judge: Broderick , Filed On: June 28, 2023, Case #: 1:22cv8300, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Firearms, Injunction
J. Broderick finds for the city on the estate's unlawful entry claims, but declines to dismiss claims against the hospital stemming from a man's death after police responded to a mental health call and forced their way into his room, Tasing him three times. Police had probable cause to believe there was an emergency in the apartment, but the estate may pursue claims that the hospital failed to properly treat the man for his excited delirium, causing him to have a heart attack.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 30, 2023, Case #: 116cv1952, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, Police Misconduct
J. Broderick finds for the employees in a wage and hour suit, entering a default judgment against the employer. The employees shall be awarded damages of $10,000, plus attorneys fees of $3,300.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 24, 2023, Case #: 1:18cv2843, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages