62 results for 'judge:"Gonzalez"'.
J. Gonzalez adopts a magistrate judge’s findings and dismisses a field technician’s wrongful termination suit against Charter Communications, an Internet service provider. His retaliation and negligence claims are both time-barred, and he fails to provide any substantive evidence to rebut his employer’s defense that he was an at-will employee.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: April 24, 2024, Case #: 1:23cv7383, NOS: Other Contract - Contract, Categories: Employment, Negligence, Employment Retaliation
J. Gonzalez finds that the lower court improperly ruled over what liability a hospital has over the death of a patient who, after appearing in an emergency room with pain in her left shoulder, was not properly diagnosed with necrotizing fasciitis and died shortly after. Her estate sued the hospital, claiming it was liable for not properly diagnosing her condition, but the lower court found it was not responsible. However, under state statutes, whenever a hospital offers emergency services, it creates a "nondelegable duty" of care that the doctors are then charged with carrying out. While the doctor is there to help carry out that duty, the hospital cannot escape liability by delegating that duty to them entirely. Reversed.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: April 11, 2024, Case #: 101745-6, Categories: Negligence, Wrongful Death
J. Gonzalez finds that the lower court properly dismissed a businessman's SLAPP suit against the AP for reporting on his vicious custody dispute. The article included threatening text messages sent by the businessman threatening to kill his wife, video footage of him doing drugs, and audio of him using racist language. None of the alleged defamatory statements are actionable because they are protected by fair reporting privilege, and are substantially true. The matter shall be remanded for a calculation of mandatory attorney fees. Affirmed.
Court: New York Appellate Divisions, Judge: Gonzalez, Filed On: April 9, 2024, Case #: 01898, Categories: Anti-slapp, Defamation
J. Gonzalez Rogers finds in favor of Plum, a baby food products company, over class claims from consumers who say the company hid the fact that its baby food has trace amounts of toxic metals. The presence of heavy metals in the food supply, baby foods included, has been the subject of media coverage for years prior to this lawsuit and others like it, meaning Plum was not the keeper of any "exclusive knowledge" that it had to disclose on the packaging. Plum has even said as much on its website.
Court: USDC Northern District of California, Judge: Gonzalez Rogers, Filed On: March 28, 2024, Case #: 4:21cv913, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Product Liability, False Advertising
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J. Gonzalez finds that the lower court properly granted the petitioner's habeas corpus petition alleging that he was not given a timely hearing after his arrest for violating parole. The Less is More Act plainly requires a speedy adjudication of alleged parole violations within 24 hours, but defendant was held for five days after the execution of the warrant. Affirmed.
Court: New York Appellate Divisions, Judge: Gonzalez, Filed On: March 26, 2024, Case #: 01685, Categories: Criminal Procedure, Habeas, Parole
J. Gonzalez dismisses a self-represented airline worker’s employment discrimination and unpaid wages complaint which alleges Delta Airlines discriminated against him on the basis of his race, sexual orientation and disability. He claims he was wrongfully terminated following an altercation with a coworker who called him a “faggot.” His complaint fails to provide anything more than vague, conclusory allegations.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 15, 2024, Case #: 1:23cv3146, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Gonzalez dismisses with prejudice a transit workers union from an Metropolitan Transit Authority bus driver’s employment discrimination and fair representation complaint, finding the union’s decision recommending his termination following several incidences of workplace misconduct was not done in bad faith or motivated by his race, sexual orientation or disability.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 7, 2024, Case #: 1:23cv775, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Labor / Unions
J. Gonzalez issues sanctions against a competing vitamin and nutritional supplement supplier in a trademark infringement lawsuit. The court grants an award of fees to the litigant to cover the costs incurred as a result of the defendant’s failures to comply with the court’s discovery orders, including its failure to provide information that would help the litigant understand documents related to its advertising costs.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 7, 2024, Case #: 1:22cv3734, NOS: Trademark - Property Rights, Categories: Sanctions, Trademark
J. Gonzalez tosses an employment discrimination lawsuit that alleges a property manager wrongfully terminated a janitor due to an unspecified disability. His Americans with Disabilities Act claims are untimely, and his Eighth Amendment claim for what he calls “cruel and inhumane employee punishment” also fails because such claims apply only against state actors, not private parties. He also fails to allege his union breached its duty of fair representation under the Labor Relations Management Act when it denied his grievance regarding his wages.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 5, 2024, Case #: 1:23cv385, NOS: Employment - Civil Rights, Categories: Constitution, Employment Discrimination, Labor / Unions
J. Gonzalez grants partial summary judgment and finds a Canadian augmented reality advertising firm liable on two investor’s breach of contract claim alleging the firm violated an agreement allowing investors to convert their stock warrants into shares conditioned upon certain criteria. The company was not allowed to accelerate the warrants’ expiration because its stock price had not maintained a value of $0.75 for 10 consecutive days, as stipulated under the agreement. The court leaves the question of damages for a jury to determine.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: February 23, 2024, Case #: 2:20cv3880, NOS: Other Contract - Contract, Categories: Securities, Contract
J. Gonzalez tosses out an employment retaliation complaint that alleges a construction materials supply company fired one of its bookkeepers after she informed it that it was legally obligated under the Uniformed Services Employment and Reemployment Rights Act to rehire an employee who had recently served in the U.S. Army. She fails to provide any detail beyond conclusory allegations that would suggest her termination was in retaliation for comments she had made 18 months prior.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: January 19, 2024, Case #: 2:22cv7685, NOS: Employment - Civil Rights, Categories: Employment Retaliation
J. Gonzalez finds in favor of a Long Island school district on claims that it denied a school psychiatrist’s requests for exemptions from its Covid-19 mandate for religious reasons, finding her request to work remotely or to be exempt from its test-or-vaccination requirement would have placed an undue hardship on the district. As well, her claims that the school violated her rights under the Genetic Information Nondiscrimination Act when it requested information regarding her and her family’s vaccination history were without merit.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: January 12, 2024, Case #: 2:22cv1569, NOS: Employment - Civil Rights, Categories: Employment, Covid-19
J. Gonzalez finds that the lower court improperly ruled in a dispute over a labor and materials lien. A subcontractor claims it was not paid for the work it completed, leaving it to file a labor lien for labor without giving a pre-lien notice. This gives rise to the question of whether a pre-lien notice is required for labor liens under state law. Under the plain language of the statute and history from the legislature, a pre-lien notice is not required for cases such as this. Reversed.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: January 11, 2024, Case #: 101591-7, Categories: Construction, Contract
J. Gonzalez rules JPMorgan Chase cannot be held not liable for a customer’s losses when it effectuated two wire transfers, totaling $350,000, to two accounts which were later discovered to be a part of a fraudulent cryptocurrency scheme. The claims are precluded by the wire transfer agreements, and the bank was under no obligation to recover the losses.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: January 9, 2024, Case #: 1:22cv7676, NOS: All Other Real Property - Real Property, Categories: Fraud, Banking / Lending
J. Gonzalez denies the homeowners' motion for a preliminary injunction, ruling the county's moratorium on applications for business licenses to operate short-term rental properties likely does not violate the dormant Commerce Clause. It is a temporary measure put in place to give the county time to analyze the results of a study on the effects of such rentals and develop a long-term policy. Additionally, the moratorium affects only very recent out-of-state buyers and, therefore, does not discriminate against all out-of-state economic interests.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: December 22, 2023, Case #: 1:23cv992, NOS: Other Civil Rights - Civil Rights, Categories: Commerce, Real Estate, Injunction
J. Gonzalez finds that the lower court properly convicted defendant of murder and arson. Defendant claims on appeal that his convictions should be overturned on the grounds that his legal counsel should have been present at a preliminary hearing where his bail was set. While it is true his counsel should have been present for that hearing, it was not a critical stage of the prosecution against him and the violation did not influence the ultimate verdict against him. Affirmed.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: December 7, 2023, Case #: 101159-8, Categories: Fair Trial, Murder, Arson
J. Gonzalez finds that the lower court properly convicted defendant of rape. Defendant claims it was an error to proceed with his preliminary hearing without his legal counsel, and while it is true his counsel should have been present, it was ultimately a harmless error and did not influence the outcome of his trial. Affirmed.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: December 7, 2023, Case #: 101269-1, Categories: Fair Trial, Sex Offender
J. Gonzalez denies a motion for judgment on the pleadings and subsequently allows a blind man to amend his ADA disability discrimination complaint that alleges he was unable to access a Manhattan-based restaurant’s website. The court rules he has standing, finding he provides enough detail regarding his intent to visit the restaurant in the future with his girlfriend. However, the court will reopen limited discovery to allow the restaurant’s owners to seek documentation to determine whether his intent is genuine.
Court: USDC Eastern District of Virginia, Judge: Gonzalez, Filed On: December 7, 2023, Case #: 1:23cv207, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Discovery
J. Gonzalez dismisses an antitrust complaint that alleges United Healthcare, a health care insurance provider, leveraged its dominant market power to force anesthesia practices located in the New York metropolitan area to accept dramatically lower reimbursement rates, in some cases 80% less, for out-of-network services provided to public sector employees enrolled under its Empire insurance plan. The care providers fail to allege the market as a whole suffered significant harm as a result of the administrator’s actions for the purposes of its antitrust claims.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: November 21, 2023, Case #: 2:22cv4040, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Insurance
J. Gonzalez Rogers declines in part to dismiss a class action attempting to hold Meta, TikTok and other social media companies liable for the harmful effects of their apps on young users. The parents’ design defect product liability claims are not barred under Section of the Communications Decency Act because they do not implicate publishing or monitoring of third-party content. Also, Section 230 does not grant immunity from a negligence per se claim, and claims of failure to warn and negligence plausibly assert that the social media companies are liable for conduct other than the publishing of third-party content.
Court: USDC Northern District of California, Judge: Gonzalez Rogers, Filed On: November 14, 2023, Case #: 4:22md3047, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Class Action
J. Gonzalez dismisses a putative securities fraud class action against a lithium-ion battery recycling and recovery company, plus its former officers and directors, alleging it made false and materially misleading statements its IPO documentation, specifically statements regarding the revenue it received from one of its supposed customers, who was later revealed in a report published by a short seller to be a broker that was providing financing. The court finds the complaint fails to specify with adequate granularity which statements the company made in its IPO documentation that were false or misleading. The court grants the litigants permission to file a motion for leave to amend.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: October 6, 2023, Case #: 1:22cv2222, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Gonzalez preserves, in part, claims that allege three collection agencies violated state and federal debt collection practices through its attempts to collect a default judgment in connection with student loan debts first incurred in the early 1980s. The debtor claims they miscalculated the unpaid balance by using the state's 9% annual post-judgment interest rate instead of the required 8% rate under federal law. The court finds the claims are not preempted by the federal Higher Education Amendments Act.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 30, 2023, Case #: 1:22cv298, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law