8 results for 'judge:"Chesler "'.
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. Chesler dismisses claims contending a co-owner of a boutique employment and recruiting agency received a lowball offer to buy out her shares; that bank access had been cut off; and that she had been prohibited from disclosing information about the company to third parties. Evidence does not indicate the non-disclosure agreement constituted a "reasonable restriction" to the deal, and much of the conduct merely constituted "hardball negotiating tactics."
Court: USDC New Jersey, Judge: Chesler , Filed On: December 8, 2023, Case #: 2:23cv2620, NOS: Other Contract - Contract, Categories: Partnerships, Contract
J. Chesler deposits monies into escrow related to amended claims contending a distributor failed to return all stored merchandise to a company following termination of their agreement because whether the distributor violated the release and is entitled to funds remains unclear.
Court: USDC New Jersey, Judge: Chesler , Filed On: November 17, 2023, Case #: 2:23cv1759, NOS: Other Contract - Contract, Categories: Contract
J. Chesler dismisses certain claims and counterclaims contending a company failed to pay for warehousing services and that the manufacturer did not release warehoused merchandise after the contract was terminated because the escrow agent is not a proper defendant; the company failed to prove the initial inventory report was inaccurate; and fraudulent inducement allegations are inapplicable.
Court: USDC New Jersey, Judge: Chesler , Filed On: November 7, 2023, Case #: 2:23cv1759, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Chesler dismisses claims and counterclaims contending a competitor filed an application for a generic version of Halaven before patent no. 6,214,865 expired because the pharmaceutical company appears to demonstrate it cannot reasonably expect to continue enforcement efforts against the generic drug company, and the competitor failed to prove other companies forfeited potential market exclusivity.
Court: USDC New Jersey, Judge: Chesler , Filed On: November 7, 2023, Case #: 2:22cv5950, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Patent
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J. Chesler allows the parties to continue certain claims and counterclaims contending a manufacturer kept a company's merchandise in its warehouses following cancellation of the parties' contract and that the company breached the parties' escrow agreement. Discovery must show whether the balance of merchandise remains in the manufacturer's possession, and while monies are currently held in escrow, funds should be deposited with the court since it is unclear whether the agreement had been breached.
Court: USDC New Jersey, Judge: Chesler , Filed On: October 30, 2023, Case #: 2:23cv1759, NOS: Other Contract - Contract, Categories: Contract
J. Chesler rules against the parties in claims contending televisions sold by an electronics competitor infringed patent no. 7,475,180 because evidence does not indicate the competitor's televisions copied any element of those sold by plaintiff. Meanwhile, evidence does not indicate plaintiff suffered increased damages related to the disparity between treasury bill rates and commercial interest rates from royalty payments.
Court: USDC New Jersey, Judge: Chesler , Filed On: June 1, 2023, Case #: 2:15cv4431, NOS: Patent - Property Rights, Categories: Patent, Damages