26 results for 'judge:"Cote"'.
J. Cote grants the bank's motion to dismiss patent infringement claims related to the patentholder's patent for a system that provides electronic banking touch points with personalized financial services for customers. The patentholder has failed to plead direct or indirect infringement by any identifiable product.
Court: USDC Southern District of New York, Judge: Cote, Filed On: April 19, 2024, Case #: 1:23cv8801, NOS: Patent - Property Rights, Categories: Patent
J. Cote grants an oil and natural gas company’s motion to dismiss in this matter of alleged securities fraud. An investment fund argues the oil company owned by the Venezuelan government engaged in a scheme to defraud investors when notes were declared invalid by an interim Venezuelan president in 2019. But the investment company failed to state a claim for which relief could be sought, so the instant court finds in favor of the oil company. Dismissed.
Court: USDC Southern District of New York, Judge: Cote, Filed On: April 8, 2024, Case #: 23cv5604, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Cote grants the Anti-Defamation League's motion to dismiss the Nation of Islam's complaint alleging the non-profit has repeatedly defamed the group by labeling it anti-Semitic. The non-profit pressured Ticketmaster not to sell tickets for the group's yearly benefit, and caused a university to refuse the group's request to use its facilities as a venue. The Nation of Islam cannot prove that the non-profit's assertions are false, as its letter to Ticketmaster directly quotes Nation of Islam leader Louis Farrakhan using the phrase "satanic Jews." Other challenged statements made by the non-profit are non-actionable opinion.
Court: USDC Southern District of New York, Judge: Cote, Filed On: April 5, 2024, Case #: 1:23cv9110, NOS: Other Civil Rights - Civil Rights, Categories: Defamation
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J. Cote partially grants the fertility clinic's motion to dismiss claims stemming from the loss of a woman's frozen eggs. All the woman's claims sound in ordinary negligence rather than medical malpractice, so the malpractice claim must be dismissed. Further, there is no evidence that the clinic made knowingly false statements about the quality of its services, so her fraud claims are also dismissed.
Court: USDC Southern District of New York, Judge: Cote, Filed On: January 24, 2024, Case #: 1:23cv4503, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Fraud, Negligence, Medical Malpractice
J. Cote finds for the defendant business partner in a fraud suit alleging the partner induced the plaintiff partner to invest $225,000 in an import business based in Thailand, then embezzled the money himself. However, there is no evidence that the funds were diverted or used for any purpose other that business expenses. The investor's failure to inspect the inventory is not sufficient to prove the inventory did not exist.
Court: USDC Southern District of New York, Judge: Cote, Filed On: November 7, 2023, Case #: 1:22cv4465, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Business Practices
[Consolidated.] J. Cote affirms the bankruptcy court's decision dismissing two claimant's objections to the bankruptcy plan. The claimants were permitted to plead successor liability in their responses, so arguments about the format of the Sexual Abuse Claim Form fail. The court reasonably found that claimants would not be able to cure deficiencies in their claims if given the opportunity to amend.
Court: USDC Southern District of New York, Judge: Cote, Filed On: October 6, 2023, Case #: 1:23cv6281, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
J. Cote partially denies the cryptocurrency exchange's motion to dismiss Electronic Fund Transfer Act claims stemming from its alleged failure to implement adequate security protections for accountholders. The accountholders may recover only statutory damages, not actual damages, for the alleged violations because there is no "substantial nexus" between the violation and their losses.
Court: USDC Southern District of New York, Judge: Cote, Filed On: August 23, 2023, Case #: 1:22cv1602, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Securities, Damages, Technology
J. Cote denies the employer's motion to dismiss employment retaliation claims, but dismisses the Black former executive's employment discrimination claims asserting she was not paid fairly relative to her white colleagues. The job responsibilities of various executives at the non-profit were too different to support a straight comparison of their salaries. However, a jury could find that she was fired, in part, for making a complaint of racial discrimination when asking for a raise.
Court: USDC Southern District of New York, Judge: Cote, Filed On: August 3, 2023, Case #: 1:22cv1136, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Cote finds the city of Hamilton, Bermuda liable for breach of an escrow agreement with the Mexican financier of a Bermudan construction project, for which New York Mellon served as the escrow agent and is not liable. The project failed when a nonparty misappropriated funds from the financier's bridge loan and absconded. The city's authorization of the disbursement of funds before the final drawdown was finalized breached its obligations to the financier.
Court: USDC Southern District of New York, Judge: Cote, Filed On: July 5, 2023, Case #: 1:17cv6424, NOS: Other Contract - Contract, Categories: Construction, Banking / Lending, Contract
J. Cote grants the technology company's motion to dismiss a putative securities class action based on alleged omissions and misleading statements in the registration statement issued in connection with the company's initial public offering. The putative class alleged that the company, which provides fraud detection services, did not adequately disclose that its client portfolio included several riskier clients which were likely to negatively impact its financial prospects due to an increase in chargeback guarantee expenses. The class failed to plausibly allege that any trend of including a higher proportion of risky clients existed at the time of the IPO. The registration statement sufficiently explained risks to investors.
Court: USDC Southern District of New York, Judge: Cote, Filed On: June 2, 2023, Case #: 1:22cv3545, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action