24 results for 'judge:"Carter"'.
J. Carter denies the conservative law professor's motion to enforce a preliminary injunction against the New York Attorney General to prohibit enforcement of the Hateful Conduct Law, which requires social media networks to provide mechanism for reporting hateful conduct on their platforms. The professor failed to show the AG violated the injunction by sending investigative letters to six social media networks regarding the state's growing concern about antisemitism and Islamaphobia. The AG has other statutory authority to issue such letters, and there is no evidence the letters had any impact on the platforms' conduct.
Court: USDC Southern District of New York, Judge: Carter, Filed On: April 30, 2024, Case #: 1:22cv10195, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Restraining Order, First Amendment
J. Carter denies the council's motion for a preliminary injunction against the state's age-based sales restriction on diet pills and supplements for muscle building that contain ingredients other than protein. The state has a legitimate governmental interest in protecting minors from access to dietary supplements that are connected to eating disorders. Further, the law does not regulate the supplement-maker's speech or the manner in which they advertise their products, just that customers show verification they are over age 18 to purchase the products.
Court: USDC Southern District of New York, Judge: Carter, Filed On: April 19, 2024, Case #: 1:24cv1881, NOS: Other Civil Rights - Civil Rights, Categories: Commerce, Restraining Order, First Amendment
J. Carter grants the computer maker's motion to dismiss a consumer class action alleging that it prices its consumer products artificially high in order to promise purchasers a significant discount off the fictitious price. The consumer fails to show that computers are too complex for the average purchaser to evaluate holistically. The computer maker discloses its products' specifications to consumers, so consumers can make value comparisons themselves. Therefore, he cannot show the company deceived consumers in any way.
Court: USDC Southern District of New York, Judge: Carter, Filed On: March 29, 2024, Case #: 1:22cv5131, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
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J. Carter denies a temporary restraining order to a casino developer who accused the Northern Mariana Islands of overcharging it for missed casino license fees and violating constitutional contract clauses. The developer could not show that an additional regulatory fee is an unreasonable impairment as the developer paid the fees for several years before it stopped. The commonwealth has not violated due process, as the interactions and relationship between its casino commission and the developer during previous litigation do not constitute a conflict of interest.
Court: USDC Northern Mariana Islands, Judge: Carter, Filed On: February 29, 2024, Case #: 1:24cv1, NOS: Constitutionality of State Statutes - Other Suits, Categories: Government, Contract
J. Carter dismisses the parent's federal claims alleging that the school district's staff retaliated against the child, then a first grader, for drawing a picture with the phrase "Black Lives Matter" in black marker and "any life" beneath that sentence in lighter marker before sharing it with a classmate. The federal claims are dismissed because discipline about what is appropriate to say or do in school belongs in the hands of teachers instead of federal courts, and the parent's two other claims arise under California law.
Court: USDC Central District of California, Judge: Carter, Filed On: February 22, 2024, Case #: 8:23cv306, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Jurisdiction
J. Carter denies the lawn games manufacturer's motion to exclude the mischaracterization of its trade dress, which concerns the lawn games manufacturer's lawsuit that the outdoor games products company's TP White Connect 4 game infringes the lawn games manufacturer's Four In a Row game. The outdoor games company present facts that sufficiently question the functionality of elements of the lawn games manufacturer's definition of its trade dress.
Court: USDC Central District of California, Judge: Carter, Filed On: January 24, 2024, Case #: 8:19cv523, NOS: Trademark - Property Rights, Categories: Evidence, Trademark
J. Carter dismisses the consumer's class action accusing CVS Pharmacy of misleading consumers by claiming that its Advanced Formula Hand Sanitizer kills 99.99% of germs commonly found on human hands, even though common germs such as Norovirus, Cryptosporidium and others are not effectively killed by alcohol-based hand sanitizers. Although the front label of the product is ambiguous, a reasonable consumer would be expected to look at the back label to get more information. Because the back label explains the germs to which the 99.99% claim applies, the consumer has failed to state a claim that the label is false or misleading to a reasonable consumer.
Court: USDC Central District of California, Judge: Carter, Filed On: January 10, 2024, Case #: 8:20cv1979, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Carter overturns the insurance company's decision to terminate the industrial engineer's long-term disability benefits and life waiver of premium in February 2020 after the industrial engineer suffered a cardiac arrest in August 2016, which caused his multiple cardiovascular medical conditions and cognitive deficits that made it impossible for him to perform the material duties of his job. The insurance company's own hired expert corroborated testimony that the industrial engineer's cognitive impairment qualifies him as disabled, and the treadmill tests that the insurance company had him perform do not prove that the industrial engineer can tolerate occupational stress.
Court: USDC Central District of California, Judge: Carter, Filed On: November 7, 2023, Case #: 8:22cv181, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Experts
J. Carter awards $4.4 million to the plaintiff company, which represents the difference between the value of the company it purchased as warranted by the seller, and its true value at the time of the transaction. The purchaser isolated the effects of the misrepresentations and applied the purchase price multiple to arrive at a calculation directly tied to the information concealed by the seller.
Court: USDC Southern District of New York, Judge: Carter, Filed On: October 13, 2023, Case #: 1:15cv4428, NOS: Other Contract - Contract, Categories: Fraud, Damages
J. Carter denies both parties' motion to dismiss an annuity fund's breach of contract claims alleging a former employee solicited three former wealth managements advisors to leave the fund in violation of her post-employment agreement. There is evidence that the former employee communicated with other employees before they resigned to form a new company, but the non-solicitation clause may be unenforceable.
Court: USDC Southern District of New York, Judge: Carter, Filed On: September 29, 2023, Case #: 1:21cv3712, NOS: Other Contract - Contract, Categories: Employment, Contract
J. Carter grants Forbes' motion to dismiss a class action alleging that the website forbes.com unlawfully disclosed users' personally identifiable information, including a record of every video clip they view, without their consent to Facebook. The complaint failed to show that Forbes is a "video tape service provider" within the meaning of the Video Privacy Protection Act because Forbes is a news outlet and providing video content is not the focus of its work.
Court: USDC Southern District of New York, Judge: Carter, Filed On: September 28, 2023, Case #: 1:22cv6319, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Class Action, Technology
J. Carter finds for Atlantic Records in a pro se copyright action alleging artists Megan Thee Stallion and Cardi B copied and pasted lyrics from plaintiff's song "Grab Em by the P****" when writing the lyrics for the hit song "WAP." The plaintiff cannot assert copyright protection over common phrases frequently employed in popular culture such as "p**** so wet" or "n****s wild'n." The similarity in the two songs' lyrics is not original to the author, so it cannot be protected by copyright.
Court: USDC Southern District of New York, Judge: Carter, Filed On: August 29, 2023, Case #: 1:22cv893, NOS: Other Civil Rights - Civil Rights, Categories: Copyright
J. Carter grants the SEC's motion for summary judgment for liability as to the investment advisor's violations of several securities and investing acts. The advisor was convicted criminally for securities fraud, investment adviser fraud and wire fraud, having used investor funds to pay for company operational expenses and for his personal benefit. There is ample undisputed evidence in the civil and criminal record satisfying the elements necessary to prove liability for the violations.
Court: USDC Southern District of New York, Judge: Carter , Filed On: June 29, 2023, Case #: 1:19cv5895, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Carter affirms the Magistrate's decisions regarding discovery orders in this suit alleging misappropriation of trade secrets, breach of contract, tortious interference and unfair competition in relation to the employee's alleged wrongful retention or copying of certain confidential and proprietary information obtained during his employment. There is a factual dispute regarding whether the employee joined a competing business or strictly communicated with it. The court sets aside and refers, for reconsideration, to the Magistrate the issues of the risk management service's motion to compel deposition testimony on communications made during settlement negotiations and the employee's proposed third-party subpoena to the competing business.
Court: USDC Southern District of New York, Judge: Carter , Filed On: June 28, 2023, Case #: 1:21cv3687, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Trade Secrets, Business Expectancy