13 results for 'judge:"Gardephe"'.
J. Gardephe awarded the employee Mr. Chen $50,000 on his claims for unpaid wages and overtime compensation against the liquor store. The employee was paid $2,800 a month plus lodging in exchange for working 11 hours a day, six days a week, and was never informed of his right to overtime pay.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: May 2, 2024, Case #: 1:19cv6115, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages
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J. Gardephe finds for the auction house in a dispute over rights to a dress worn by Judy Garland in The Wizard of Oz which the auction house seeks to sell on behalf of the Catholic University of America after it was discovered among the belongings of a now-deceased priest and drama professor. The priest's closest living family member may not assert claims on behalf of his estate because she is not the estate's personal representative. In addition, the priest observed vows of poverty throughout his teaching career, and so it was reasonable for the estate's representative to represent in probate court that the priest had no assets.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: December 11, 2023, Case #: 1:22cv3571, NOS: Other Fraud - Torts - Personal Property, Categories: Wills / Probate
J. Gardephe grants the credit rating agencies' motion to dismiss securities fraud claims alleging that it assigned false and misleadingly high ratings to auction rate securities. The investors have not plausibly alleged that the ratings issued by the agencies were fraudulent when made. Further, they cannot make a negligent misrepresentation claim under Ohio law, because the ratings were issued to investors around the world, not just to a limited class of investors.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: October 12, 2023, Case #: 1:10cv5095, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
[Consolidated.] J. Gardephe partially grants the students' motion for class certification in a consumer law case accusing the lenders of fraudulently obtaining default judgments against the students for unprovable debts. The case shall proceed as a single class, not four separate classes, which appears to be an attempt to circumvent the $500,000-per-class statutory damages cap.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: September 27, 2023, Case #: 1:18cv7692, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Class Action
J. Gardephe denies both parties' motions for summary judgment in an employment breach of contract suit stemming from the hospital's refusal to pay an executive 24 months' severance provided for in her employment agreement. Issues of fact remain as to whether the former CEO had the authority to approve such executive employment agreements without prior approval by the hospital's compensation committee.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: September 25, 2023, Case #: 1:21cv8700, NOS: Employment - Civil Rights, Categories: Employment, Contract
J. Gardephe grants AMC's motion to dismiss a trademark suit filed by a tax preparation service over the network's depiction in its show "Better Call Saul" of a crooked tax preparation service called "Sweet Liberty Tax Services." The real and fictional businesses both use images of the Statue of Liberty, and a large American flag mural on the exterior of the building. To the extent the TV show used the tax service's marks, they were used in furtherance of the show's plot, highlighting the use of patriotic imagery to hide the characters' tawdry crimes.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: September 25, 2023, Case #: 1:22cv6526, NOS: Trademark - Property Rights, Categories: Trademark
J. Gardephe grants GrubHub's motion to dismiss a trade secrets suit alleging that one of its employees participated in a "coding challenge" with the plaintiff food technology company in order to gain access to its confidential information. The plaintiff claims that the employee saw its plans to introduce a restaurant search function based on diner's dietary restrictions, then GrubHub introduced this feature on its own website, but broad concepts that are not linked to a specific product are not trade secrets.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: August 14, 2023, Case #: 1:20cv4657, NOS: Other Statutory Actions - Other Suits, Categories: Trade Secrets, Technology