54 results for 'judge:"Chen"'.
J. Chen finds that the patent board improperly ruled in a dispute over an "Apparatus, Method and System for a Tunneling Client Access Point" in determining unpatentability as to several claims. Reversed in part.
Court: Federal Circuit, Judge: Chen, Filed On: May 3, 2024, Case #: 5/3/24, Categories: Patent
J. Chen allows some disability discrimination claims to proceed against CVS from around a half-dozen CVS health plan participants who say the plans are designed to discriminate against people living with HIV/AIDS. The participants say the company makes it needlessly inconvenient and complicated for them to get their medications and that CVS ignores requests from participants looking to opt-out. At least one of the half-dozen participants has proven that they reached out to CVS to opt-out several times, but were ignored or denied each time. This is enough to show that they were denied benefits under their plan, allowing some of the claims to continue to the next stage.
Court: USDC Northern District of California, Judge: Chen, Filed On: April 18, 2024, Case #: 3:18cv1031, NOS: Other Labor Litigation - Labor, Categories: Health Care, Insurance
J. Chen allows several class negligence and privacy-related claims to proceed against Kaiser from users of their medical apps who say Kaiser has allowed third parties to collect and store private health information from the apps without permission. Kaiser moved to toss most of the claims on procedural and preemption grounds, and while that is true for some, to toss all claims on that basis would be putting "form over substance." Many of the claims survive as a result.
Court: USDC Northern District of California, Judge: Chen, Filed On: April 11, 2024, Case #: 3:23cv2865, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action
J. Chen dismisses, on jurisdictional grounds, all but two defendants in a case regarding the business operations of a startup investment firm and subsequently compels the parties to arbitration solely to determine whether the remaining claims are subject to arbitration. The case involves allegations that the co-owner in a startup investment firm created without his partner’s knowledge a separate firm under a similar name and siphoned off management fees, depriving the litigant of his 50% stake in the company.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 30, 2024, Case #: 2:22cv906, NOS: Trademark - Property Rights, Categories: Arbitration, Trademark, Business Practices
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J. Chen adopts a magistrate judge’s report and recommendation in full and enters partial default judgment against a landscaping and paving company, ruling it is liable for unpaid union benefit contributions. However, the court finds the pension funds request for damages to be excessive and directs it to renew its request with additional documentation to properly determine the amount the contractor ultimately owes.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 30, 2024, Case #: 2:22cv5276, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Damages, Labor / Unions
J. Chen dismisses a class action alleging violations of the Telephone Consumer Protection Act stemming from an alleged telemarketing scam. The litigant, an attorney representing himself, fails to rebut assertions that the defendant did not actually make the calls, but that an unknown third-party did and simply transferred the call.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 28, 2024, Case #: 1:23cv5457, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action
J. Chen allows some wrongful death claims to continue against an ambulance company and officials from Richmond in a dispute stemming from the death of a man who was injected with a chemical restraint after he was arrested. There is conflicting evidence on the record as to whether decedent was complying with commands when he was injected with the restraint, so several of the claims can proceed on the grounds that the injection may have been unnecessary and given without consent.
Court: USDC Northern District of California, Judge: Chen, Filed On: March 15, 2024, Case #: 3:22cv2130, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Chen preserves a labor class action against Skechers, the shoe manufacturer, which was sued by a stockroom associate for untimely wages, finding the employee has standing and is provided a private right of action under sections of New York Labor Law.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 15, 2024, Case #: 1:23cv1055, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Chen preserves breach of contract claims against an insurance provider which seek to hold it liable for a $2.2 million judgment entered against its insured, a general contractor, for an underlying personal injury lawsuit. While the contractor is a named insured under the policy, the court is unable to make a determination on whether or not the contractor fulfilled certain conditions to establish its rights to coverage and whether or not the insurer’s letter disclaiming coverage was legally sufficient.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 14, 2024, Case #: 2:23cv238, NOS: Insurance - Contract, Categories: Insurance
J. Chen finds that the court of international trade properly classified imported net wraps because the wraps did not constitute "parts" of harvesting or other agricultural machinery. Affirmed.
Court: Federal Circuit, Judge: Chen, Filed On: March 7, 2024, Case #: 23-1210, Categories: Agriculture, Trade
J. Chen dismisses AmGuard from a lawsuit seeking payment under a homeowners insurance policy for losses to a Brooklyn residential property due to a fire. The litigant in this case, the mortgagee of record, lacks standing because it transferred the mortgage note to a non-party entity before filing suit. The court further dismisses counterclaims filed by the property’s owners, finding the policyholder failed to return an executed proof of loss form within the required 60-day period, so the insurer was in its right to deny coverage for the losses.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 6, 2024, Case #: 1:20cv5990, NOS: Other Contract - Contract, Categories: Insurance, Property
J. Chen dismisses employment claims against Darden Restaurants, the parent company of several restaurant chains, that allege the company used restrictive wage and tipping policies for their employees that amounted to race and gender discrimination. One Fair Wage took specific issue with Darden's policy of requiring managers in each state to pay their tipped employees the lowest but still legal wage possible. After a series of appeals and remanding orders, the court is reinstating its initial decision that One Fair Wage lacks statutory standing to sue a company that is not its employer for workplace discrimination.
Court: USDC Northern District of California, Judge: Chen, Filed On: March 5, 2024, Case #: 3:21cv2695, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Chen grants a non-party creditor’s motion to intervene in a Securities and Exchange Commission enforcement action. The creditor provided the defendant, who is accused of perpetrating an investment scheme, five loans totaling more than $21 million. It requests the release of the loans’ collateral from an asset-freezing preliminary injunction issued in the case, including 11 condominium units and two time certificates of deposits. The creditor argues that, in the time since the debtor made any interest payments on the loans, the value of the properties have decreased considerably, jeopardizing its ability to make back its money. The court finds releasing the assets will help the creditor better protect its financial interests.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 4, 2024, Case #: 1:21cv5350, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Debt Collection, Securities
J. Chen finds in partial favor of California on its challenge to new regulations from the Bureau of Alcohol, Tobacco, Firearms, and Explosives regarding ghost guns. The ATF issued a rule in 2022 that provisions from the Gun Control Act apply to some of the parts used to build ghost guns and expanded the definitions of frames and receivers, but California claims the feds were still not classifying many products known to be used as gun receivers and frames as firearms themselves. The AFT acted arbitrarily when it failed to consider how easily available certain parts can be outside of distributors and sellers, so the rules governing that issue are vacated. It is noted, however, that with that narrow issue decided, the vast majority of ATF's regulations on ghost guns are untouched by the ruling.
Court: USDC Northern District of California, Judge: Chen, Filed On: February 26, 2024, Case #: 3:20cv6761, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Civil Rights, Firearms
J. Chen dismisses all RICO claims against X, formerly Twitter, from a migrant who studied in the United States for several years before being captured and allegedly tortured by the government of Saudi Arabia. He says he was captured for being critical of the Saudi government on his X account and that company officials conspired with the Saudi government to turn over his location and account information. He has failed to state any actionable claim under the Alien Tort Statute, and even if he did, his RICO claims are barred by the four-year statute of limitations.
Court: USDC Northern District of California, Judge: Chen, Filed On: February 9, 2024, Case #: 3:23cv2369, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Rights, International Law, Racketeering
J. Chen dismisses class employment claims against United Airlines and a workers' union from employees who say the union and the airline conspired together to hash out a deal that reduced employee wages. The employees have not offered up meaningful proof of any "secret conspiracy" that resulted in reduced wages. The class of employees are given an opportunity to amend in the event they can point to a specific part of their contract the union or the company tried to subvert.
Court: USDC Northern District of California, Judge: Chen, Filed On: February 7, 2024, Case #: 3:23cv3939, NOS: Railway Labor Act - Labor, Categories: Employment, Labor / Unions
J. Chen trims a consumer’s class action lawsuit and preserves a single claim for deceptive business practices under Massachusetts state law against Laundromax, a nation wide chain of laundromats. She claims the chain sells laundry cards for use in their laundry mats which cannot be used when the balance gets too low, nor can the balance be refunded, a system that she claims functions as a hidden fee not disclosed to customers. She plausibly alleges under a theory of unfairness that the company designed its price structure to prevent card balances from ever reaching zero, resulting in millions of dollars in revenue to which it was not entitled.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: January 29, 2024, Case #: 1:22cv1750, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Business Practices, Class Action
J. Chen finds in favor of internet company Bright Data after Meta claimed it was using data scrapping technology to steal private information from users of Facebook and Instagram. Evidence on the record shows the internet company only participated in "logged-out scrapping" of public Meta data, and as a result did not violate any of Meta's Terms of Service.
Court: USDC Northern District of California, Judge: Chen, Filed On: January 23, 2024, Case #: 3:23cv77, NOS: Other Contract - Contract, Categories: Privacy
[Consolidated.] J. Chen approves $3.16 million in attorney fees, plus $138,000 in costs, to counsel representing consumers in two putative class actions that alleged the maker of Cottonelle wipes falsely advertised the products as “flushable” The court previously approved a $20 million award to settle the two actions. The court further awards $10,000 and $5,000 to each class representative.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: January 17, 2024, Case #: 1:14cv1142, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Attorney Fees, Class Action
J. Chen allows some employment claims to proceed against San Mateo Community College from a former professor who says she was fired twice for being involved with a group that was pushing back on the college's move to destroy a campus garden and replace it with a parking lot. The college says she was fired for too many work absences, but the professor has plausibly shown she was being pressured to stay away from the garden issue and later fired for engaging in protected activity. The claims can only proceed on the basis of her first firing, as claims related to her second firing are barred by res judicata.
Court: USDC Northern District of California, Judge: Chen, Filed On: January 2, 2024, Case #: 3:18cv5932, NOS: Employment - Civil Rights, Categories: Employment
J. Chen dismisses all civil rights and immigration claims from a group that sued the Trump administration in 2018 when their protection status as immigrants from a half dozen countries, such as Haiti and El Salvador, was revoked. The group has continued with their claims after a series of back-and-forth appeals, but most of the protections in dispute have since been reinstated and the claims now fail for being moot.
Court: USDC Northern District of California, Judge: Chen, Filed On: December 28, 2023, Case #: 3:18cv1554, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immigration
J. Chen finds in partial favor of the news representative on his FOIA complaint alleging that the Department of Justice did not fully comply with his records request for documents relating to firearms recovered south of the border by the ATF. The DOJ argues that he fails to prove that he is a news representative, but he has written an op-ed about the subject, has been quoted in other articles, and even made a documentary film, all of which more than qualify him as a news representative. The matter is remanded and stayed, however, to give the ATF a chance to answer some questions over its database access.
Court: USDC Northern District of California, Judge: Chen, Filed On: December 19, 2023, Case #: 3:22cv7663, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record
J. Chen dismisses a self-represented Black Jamaican man’s employment discrimination complaint against the operator of the Coney Island Hospital alleging he suffered discrimination, retaliation and a hostile work environment while employed as a hospital care investigator. While he was able to allege his demotion and subsequent termination were adverse employment actions, he fails to establish those actions were motivated by discriminatory animus on the basis of his race or national origin.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: November 14, 2023, Case #: 1:21cv6027, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Chen allows some class claims to continue against Disney from consumers who say the company tracked and collected their keystrokes, mouse clicks and page viewing data from the ESPN website without their permission. While they have standing to pursue some of their statutory privacy claims, their proposed nationwide class is reduced to a California and Pennsylvania class and the court requests that the class bring forward more information on exactly what kind of personal information was intercepted.
Court: USDC Northern District of California, Judge: Chen, Filed On: November 8, 2023, Case #: 3:23cv2500, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Class Action