27 results for 'judge:"Geraci "'.
J. Geraci allows a corrections officer to continue pro se claims contending a union kept deducting dues from his wages after he resigned and failed to honor time-off requests, as well as falsely accused him of various wrongdoing on the job. The officer failed to demonstrate he properly notified the union of his resignation, and the complaint failed to plausibly allege retaliatory actions had been taken against him related to health benefits due to his resignation. However, accusations that he abandoned his post had not bee investigated.
Court: USDC Western District of New York, Judge: Geraci , Filed On: April 9, 2024, Case #: 6:22cv6279, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Geraci allows plaintiff to continue claims contending police officers shot plaintiff as he fled his car because the officers did not point to a good reason for dismissal and failed to seek summary judgment; however, certain claims against city officials were unsubstantiated. Meanwhile, an audio recording contained probative value by contradicting the officers' claims that they heard a gunshot before firing.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 22, 2024, Case #: 6:17cv6176, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Geraci finds that some claims can proceed in a class action that alleges the healthcare facility failed to properly protect patient information and disclosed it to others on Facebook. It is plausible that the information transmitted when a patient scheduled an appointment could be used to identify an individual, that the company intentionally incorporated the web program into its servers, and that the company had a duty to protect the data.
Court: USDC Western District of New York, Judge: Geraci, Filed On: March 19, 2024, Case #: 6:23cv6027, NOS: Other Contract - Contract, Categories: Health Care, Privacy, Technology
J. Geraci allows a delivery driver to continue certain claims contending Insomnia Cookies failed to pay minimum wage and misappropriated tips because the cookie company does not employ or recruit employees in the state, and the complaint failed to demonstrate wage and tip violations related to business transacted in New York. However, the complaint plausibly alleges the company failed to provide the driver the full amount of tips.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 11, 2024, Case #: 6:23cv6321, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Jurisdiction
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J. Geraci rules in part against a college accused of disciplining a male student based on gender bias after he was accused of sexual assault by a female student. The student failed to identify express promises related to contract breaches, but a reasonable jury could find the college wrongfully flipped the burden of proof. Meanwhile, text messages from the female student cast doubts on her sexual assault allegations.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 11, 2024, Case #: 6:21cv6761, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. Geraci allows a housekeeper to continue certain claims contending a senior living company fired her after she complained that she had not been paid on a weekly basis and that she had been wrongfully accused of sleeping on the job. The complaint plausibly alleged state law provides the right to weekly wages and that the housekeeper had been terminated the day the company was served a complaint. However, no private right of action exists under certain cited laws.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 7, 2024, Case #: 6:23cv6227, NOS: Other Labor Litigation - Labor, Categories: Employment, Employment Retaliation
J. Geraci finds for the state office for people with development disabilities in claims contending an employee was denied accommodations for autism, cerebral palsy, osteoarthritis, and various intellectual and psychiatric disabilities, and fired her for taking extended sick leave, because evidence did not indicate the employee's ability to work was limited by post-traumatic stress disorder, and working at the group home and performing intervention training were essential functions of her position.
Court: USDC Western District of New York, Judge: Geraci , Filed On: February 15, 2024, Case #: 6:21cv6577, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination
J. Geraci dismisses claims contending police officers used "intimidating tactics" to serve a quarantine order against a broadcaster and her child during the Covid-19 pandemic because the amended complaint does not plausibly allege the existence of a municipal policy that would have led to misconduct, and evidence does not indicate the broadcaster's speech had been chilled due to the officers' conduct. Meanwhile, nothing indicates defendants conspired to interfere with her civil rights.
Court: USDC Western District of New York, Judge: Geraci , Filed On: December 20, 2023, Case #: 6:23cv6201, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Covid-19
J. Geraci allows plaintiff to continue claims contending a business services provider transferred work from an industrial printing facility to another facility without justification because the decision may have constituted breach of project change requests. Meanwhile, the printing facility properly alleged the existence of an enforceable agreement, and the claims were not duplicative.
Court: USDC Western District of New York, Judge: Geraci , Filed On: December 12, 2023, Case #: 6:22cv6570, NOS: Other Contract - Contract, Categories: Contract
J. Geraci dismisses claims contending a drug company failed to pay a provider rebates under a wholesale agreement because the drug company is not a party to the participation agreement and did not violate the agreement by changing its credit card processing vendor. Meanwhile, evidence does not indicate the specialty care company acted as agent on behalf of the drug company in entering the distribution agreement.
Court: USDC Western District of New York, Judge: Geraci , Filed On: November 7, 2023, Case #: 6:23cv6174, NOS: Other Contract - Contract, Categories: Contract
J. Geraci rules for the city in claims contending a police officer chased plaintiff from a car, shot him three times, and falsely arrested him based on the incorrect assumption that he had been involved in a crime. The circumstances of arrest remain in dispute, including whether plaintiff fired his own weapon, and his flight from the scene did not automatically grant officers qualified immunity since plaintiff claims he fled from fear that an unidentified person was pointing a gun at him. However, evidence does not indicate police conspired with an employee of a gunshot system locating company regarding the number of shots fired, and plaintiff failed to allege the company did anything other than cooperate with the investigation.
Court: USDC Western District of New York, Judge: Geraci , Filed On: September 14, 2023, Case #: 6:17cv6176, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Geraci finds for the city in pro se claims contending a homeowner was falsely arrested and prosecuted for several misdemeanors relating to the unsafe condition of his property. The homeowner failed to establish additional discovery was warranted, and malicious prosecution claims were time-barred. Meanwhile, claims did not allege the prosecutor acted outside ordinary conduct, and the homeowner had been found living in his house after being ordered to stay off the property following a gas leak.
Court: USDC Western District of New York, Judge: Geraci , Filed On: September 12, 2023, Case #: 6:18cv6572, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Discovery
J. Geraci grants the university's motion for summary judgment in the case brought by a student "who found out that 'stranger danger' also includes attractive women who slide into your DMs on Facebook" when the aforementioned DMs led him to an off-campus house where he was ambushed, assaulted and held captive. The student has not addressed any of the university's arguments for summary judgment, and so his claims are deemed abandoned, and his claims fail on their merits in any case.
Court: USDC Western District of New York, Judge: Geraci, Filed On: August 30, 2023, Case #: 6:18cv6566, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Tort
J. Geraci Jr. allows the complaint to proceed, alleging the university wrongfully threatened legal action after the transplant surgeon resigned following disciplinary proceedings into another employee and had him fired from his new position. The surgeon had issued a written statement regarding the other employee that had involved "matters of public concern" due to potential violations of standards of care, which plausibly points to retaliation.
Court: USDC Western District of New York, Judge: Geraci Jr. , Filed On: August 7, 2023, Case #: 6:22cv6002, NOS: Other Civil Rights - Civil Rights, Categories: Employment
J. Geraci allows plaintiff to continue certain class claims contending a warehouse company failed to pay overtime because the employee established he worked more than 40 hours per week and that non-discretionary bonuses had not been calculated into overtime. Meanwhile, the employee was a manual laborer owed a weekly wage in light of the fact that he engaged in lifting and carrying equipment and freight.
Court: USDC Western District of New York, Judge: Geraci , Filed On: July 11, 2023, Case #: 6:22cv6415, NOS: Fair Labor Standards Act - Labor, Categories: Employment