30 results for 'judge:"Garaufis"'.
J. Garaufis denies a motion to remand to state court a complaint against T-Mobile which alleges two employees stole $32,000 from a customer’s Coinbase account after stealing his personal information stored on his SIM card. The court finds the customer’s proposed settlement seeking a six-figure amount establishes the court’s jurisdiction.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: April 19, 2024, Case #: 1:23cv5206, NOS: Other Contract - Contract, Categories: Venue
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Garaufis finds two individuals liable on breach of contract claims for their failure to pay the principal or interest on a $2 million loan and awards the litigants the same amount in damages. The defendants fail to present any material evidence that would suggest they were fraudulently induced into signing the loan notes. The court directs the parties to recalculate how much the litigants are entitled to in unpaid and pre-judgment interest.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: March 18, 2024, Case #: 1:18cv7303, NOS: Negotiable Instrument - Contract, Categories: Fraud, Damages, Contract
J. Garaufis preserves in part a mother’s civil rights complaint that seeks to hold officials at the Downstate Correctional Facility liable for injuries she suffered after her son, who suffers from bipolar and schizoaffective disorders, experienced a psychotic episode shortly after his release from prison and stabbed her with a knife. She sufficiently alleges those involved in filling out her son’s discharge papers omitted several key facts regarding his disciplinary history, which prevented her and the prison from taking cautionary steps to prevent him from suffering a psychotic break.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: February 5, 2024, Case #: 1:20cv4169, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Prisoners' Rights
J. Garaufis enters default judgment against an insured and grants the insurer’s claims for declaratory relief. The court finds the insurer was within its right when it disclaimed coverage under a commercial liability insurance policy for an underlying personal injury complaint. The insurer had discovered that the insured had rented out three garages on the property without notifying it, and also lied about the size of the property.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 26, 2024, Case #: 1:23cv2629, NOS: Insurance - Contract, Categories: Insurance
J. Garaufis preserves a single claim for negligence in a civil lawsuit brought against St. Mary’s Roman Catholic Church in Brooklyn that alleges an adult woman was sexually abused by one of its priests for six years, starting when she was 10 years old. She plausibly alleges the church failed in its duties to ensure her safety while she was in their custody, failed to inform her parents of the abuse and further failed to anticipate the priest’s actions and create or enforce procedures in order to protect her.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 19, 2024, Case #: 1:21cv4920, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Assault
J. Garaufus certifies a statewide putative class action lawsuit filed on behalf of debit card users that alleges American Express’s non-discrimination provisions, which prevent merchants from disclosing certain information regarding its point-of-sale agreements including how much it pays to each payment network, places an unlawful restraint on trade. The litigants in this case, who do not have or use Amex credit cards, argue they are in effect subsidizing Amex cardholders’ transactions as a result of the provision. The court, however, declines to certify a second statewide class for credit card holders, finding the litigants fail to allege injuries related to credit card rewards.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 9, 2024, Case #: 1:19cv566, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Garaufis grants Allstate's motion for a preliminary injunction and issues a stay on 40 separate pending arbitration proceedings filed by a group of health care providers whom the insurer alleges participated in a no-fault insurance fraud scheme. The insurer successfully argues that, without a stay, the proceedings could result in dozens of inconsistent awards and ultimately make it difficulty to obtain a favorable ruling on its claim for declaratory relief, which seeks a declaration that the providers have no right to receive reimbursement for any unpaid bills they submitted previously.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 8, 2024, Case #: 1:23cv6572, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Insurance, Injunction
J. Garaufis grants final approval to a $4 million settlement to resolve two consolidated class actions that claim a 3D printer manufacturer made false or misleading public statements, ultimately resulting in heavy investor losses. The court finds the settlement fair, adequate and reasonable. Additionally, the plaintiffs’ counsel are awarded approximately $1.32 million in attorney fees, which accounts for a third of the settlement award.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 4, 2024, Case #: 1:21cv1920, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Attorney Fees, Class Action
J. Garaufis finds an ERISA fund administrator has standing under Labor Manager Relations Act and preserves its single claim that alleges an electrical contractor failed to pay into its union fund as required under its collective bargaining agreement. The court, however, dismisses claims brought by the union itself on the basis that the union is not a third-party beneficiary of the ERISA funds and therefore does not have standing to pursue the claims.
Court: USDC Eastern District of Virginia, Judge: Garaufis, Filed On: January 2, 2024, Case #: 1:22cv7653, NOS: Labor/Management Relations - Labor, Categories: Erisa, Labor / Unions
J. Garaufis grants GEICO’s motion for a preliminary injunction and issues a stay on 43 separate pending arbitration proceedings filed by a group of health care providers whom the insurer alleges participated in a no-fault insurance fraud scheme. GEICO successfully argues that, without a stay, the proceedings could result in dozens of inconsistent awards and ultimately make it difficulty to obtain a favorable ruling on its claim for declaratory relief, which seeks a declaration that the providers have no right to receive reimbursement for any unpaid bills they submitted previously.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 2, 2024, Case #: 1:22cv7532, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Arbitration, Insurance, Racketeering
J. Garaufis preserves, in part, a Federal Tort Claims Act complaint with claims arising out of former President Donald Trump’s zero-tolerance immigration policy. The litigants, a mother and her son, were separated from each other for more than two years after seeking asylum from Guatemala. The court finds their claims are not barred under the Act’s discretionary function exception on the basis that the federal immigration agents’ actions violated the U.S. Constitution and their due process rights and did not serve a compelling interest in securing the nation’s borders or enforcing the nation’s criminal and immigration laws.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: October 27, 2023, Case #: 1:22cv7527, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Immigration, Tort, Due Process
J. Garauafis throws out a false advertising class action that alleged the maker of Lysol-brand Laundry Sanitizer misled consumers by claiming the product “kills 99.9% of bacteria.” The litigant bases his argument on a viral TikTok video that purportedly claims sanitizing products are useless because most household dryers include a sanitization cycle that kills most bacteria. He further claims a CDC study regarding laundering practices supports these findings, despite the fact they concern only healthcare facilities and not consumer households. Their claims fail because the labeling does not expressly reference the standard laundering process, so a reasonable consumer would not read the label to imply it has a material benefit over the standard laundering process.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: October 19, 2023, Case #: 2:22cv5730, NOS: Truth in Lending - Torts - Personal Property, Categories: Class Action, False Advertising
J. Garaufis preserves a Brooklyn couple’s breach of covenant of good faith and fair dealing claim as well as their claims for consequential damages and attorney's fees against State Farm, its homeowners insurance provider, on allegations that the insurer acted in bad faith when negotiating their claim for losses after a plumbing failure caused extensive water damage to their home. The court finds their claim is sufficiently distinct from the breach of contract claim, and the losses they suffered, including the loss of the home’s value and the imposition of finding temporary housing, entitles them to damages.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: October 12, 2023, Case #: 1:23cv2725, NOS: Insurance - Contract, Categories: Insurance, Damages
J. Garaufis finds in favor of the City of Yonkers and a group of city police officers on claims that they falsely arrested and charged a NYPD police officer with shooting his on-and-off again girlfriend with his service pistol during an argument. During the initial interview with authorities, the girlfriend seemed apprehensive around the officer and claimed an unidentified attacker shot her outside her apartment. However, she later changed her story to claim the officer had in fact accidentally shot her with his pistol. Taken as a whole, there was enough evidence at the time to arrest and charge the officer on suspicions of domestic abuse.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: September 20, 2023, Case #: 1:18cv5353, NOS: Employment - Civil Rights, Categories: Malicious Prosecution, Police Misconduct
J. Garaufis adopts a magistrate judge's report and recommendation and enters default judgment against a website owner as to liability on a professional photographer's claims for copyright infringement, but denies it with respect to statutory damages and attorney fees. To prevail on a claim for statutory damages, a litigant must show the work was published prior to the date of alleged infringement, and in this case, the litigant fails to provide evidence that his photograph was published prior to the date the website owner posted the photograph on its website.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: September 5, 2023, Case #: 1:22cv5942, NOS: Copyrights - Property Rights, Categories: Copyright
[Consolidated] J. Garaufis denies, without prejudice, motions for class certification on two constitutional rights complaints that allege detainees at the NYPD Brooklyn Central Booking pre-arraignment holding facility were subjected to inhumane conditions while awaiting trial, including overcrowding, inadequate sanitation, food and water, vermin infestation and extreme temperatures, among other complaints. Most notably, in regards to their claims for injunctive relief, class members fail to allege an injunction would apply generally to all involved, as a portion of the 150,000 proposed class members are unlikely to be detained in the future.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: September 1, 2023, Case #: 1:19cv2054, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Class Action, Prisoners' Rights
J. Garaufis denies summary judgment to an insurance provider’s complaint that sought a declaration that it is under no obligation to provide insurance coverage for an underlying workplace injury claim. A dispute remains as to whether the victim in the underlying action was an employee of one of the subcontractors on the construction project and would thus trigger coverage.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: August 30, 2023, Case #: 1:20cv2761, NOS: Insurance - Contract, Categories: Insurance
J. Garaufis dismisses false arrest, malicious prosecution and excessive force claims against New York City and a group of city park officers stemming from the arrest of a woman for allegedly operating an illegal food stall in Flushing Meadows Park in Queens. The officers had probable cause to arrest her when she ignored their orders during the altercation. As well, their use of force was permitted after she tried to prevent them from handcuffing her.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: August 29, 2023, Case #: 1:18cv4255, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
J. Garaufis dismisses a former NYPD officer’s sole denial-of-access claim alleging the department withheld exculpatory evidence and fabricated claims during a disciplinary hearing regarding an incident in which his ex-girlfriend suffered a gunshot wound to her neck during a domestic dispute, which ultimately led to his termination from the force. His allegations are mostly conclusory, failing to allege which official actions on the defendants’ part prevented him from pursuing any claims.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: August 7, 2023, Case #: 1:22cv1217, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Due Process, Police Misconduct
J. Garaufis adopts a magistrate judge’s report and recommendation and grants preliminary approval for a class action settlement to resolve allegations of securities violations brought by the stockholders of a 3D printer manufacturing company. The court finds the agreed-upon terms of the settlement, including a $400,000 settlement award, to be reasonable and negotiated in good faith.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: July 19, 2023, Case #: 1:21cv2383, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Garaufis rules in favor of the Uniondale Union Free School District on a 47-year-old white English teacher's employment discrimination claims alleging the district gave her desired position at a high school to a black educator and transferred her to a less-desirable middle school position on the basis of her race and age. Her claims are based on mere speculation, her response to the defendants' motion for summary judgment was replete with contradictions, including statements to the effect that she was not qualified for the middle school position when the evidence and her own testimony showed otherwise, and the school district provided sufficient evidence to show her transfer was not motivated by discriminatory animus.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: June 30, 2023, Case #: 2:20cv5096, NOS: Employment - Civil Rights, Categories: Employment Discrimination