23 results for 'judge:"Halpern"'.
J. Halpern partially denies the school district's motion to dismiss an Ashkenazi Jewish woman's employment discrimination claims based on the denial of her request to take days off for Jewish holy days. While a hearing officer found that the woman did not engage in religious observances during this time, this determination is not a proper factual finding. While she traveled to Trinidad to visit family, the employee has plausibly pled religious discrimination based on her discipline for exercising her religious beliefs.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: May 7, 2024, Case #: 7:23cv6202, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Halpern partially denies the company's motion to dismiss claims arising out of an equity purchase agreement. The agreement does not provide any legal consequence for late delivery of an earn-out calculation statement, and the court declines to impose one. However, the purchaser may pursue a breach of contract claim to the extent it is based on failure to provide access to books and records.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: March 11, 2024, Case #: 7:21cv7920, NOS: Other Contract - Contract, Categories: Securities, Contract
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J. Halpern partially denies the food manufacturer's motion to dismiss a consumer class action alleging the labeling on its "Graham Crackers" product is deceptive because they contain more flour than graham flour. The consumer adequately alleges that she would not have bought the product had she known it was predominately made with white flour. However, the consumer failed to fulfill the statutory requirements to file suit under Connecticut, New Jersey and Delaware law.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: February 8, 2024, Case #: 7:22cv6089, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action
J. Halpern finds for the commissioner of internal revenue in this tax liability dispute because arguments that the right to elect were waived by forgery are irrelevant.
Court: U.S. Tax Court, Judge: Halpern, Filed On: January 23, 2024, Case #: 2024-9, Categories: Tax
J. Halpern denies the student group's motion for a preliminary injunction to bar West Point from considering race during the military academy's admissions process. West Point's list of compelling governmental interests for promoting diversity in its officer corps is entitled to greater deference than the interests of public and private universities in Students for Fair Admissions v. Harvard, where the Supreme Court struck down Harvard's affirmative action policies. A full factual records is vital to answer whether the use of race in West Point's admissions process furthers compelling national security interests and whether it is narrowly tailored to achieve that interest.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: January 3, 2024, Case #: 7:23cv8262, NOS: Education - Civil Rights, Categories: Constitution, Education, Military
J. Halpern finds for the commissioner of internal revenue in this tax liability dispute related to a charity deduction for an easement because the company undervalued the easement and is entitled to assessed penalties.
Court: U.S. Tax Court, Judge: Halpern, Filed On: November 6, 2023, Case #: 2023-133, Categories: Tax
J. Halpern finds for the commissioner of internal revenue in this tax liability dispute because the taxpayer failed to report all income and remains liable for the related penalties.
Court: U.S. Tax Court, Judge: Halpern, Filed On: October 30, 2023, Case #: 2023-131, Categories: Tax
J. Halpern finds in favor of the fire district against the volunteer firefighter's negligence claim that the fire district is liable for his alleged injury onboard its firefighting vessel, Marine I, while responding to a boat fire on the Hudson River. The fire district is not liable via negligence for the volunteer firefighter's losses arising from the incident, because only 3.8% of his total activities with the fire district involved the Marine I and he was not authorized to operate the Marine I to respond to calls on the Hudson River.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: August 17, 2023, Case #: 7:21cv2954, NOS: Marine - Torts - Personal Injury, Categories: Maritime, Negligence
J. Halpern denies Gap's motion to dismiss an employment discrimination and retaliation suit filed by Black female managers who claim there was an unofficial policy allowing managers to modify employee's time entries up to three minutes if an employee was early or late. The employees were fired for modifying employees' timecards, but claim other non-Black managers made similar adjustments and were not fired. A jury may find that the fired managers engaged in comparable conduct with managers of a different race.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: August 14, 2023, Case #: 7:19cv3617, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Failla finds for the plaintiff insurer in a dispute of which insurer must pay legal expenses in an underlying construction injury suit. The defendant insurer has a duty to defend the contractor, the building owner, and the building's managing agent in the underlying action, but priority of coverage cannot be determined at this time.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: August 1, 2023, Case #: 1:22cv2171, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Halpern finds for the commissioner of internal revenue in this tax liability dispute because the taxpayers failed to provide a reasonable explanation for unreported income or demonstrate they acted in good faith.
Court: U.S. Tax Court, Judge: Halpern, Filed On: July 19, 2023, Case #: 2023-88, Categories: Tax
J. Halpern finds for the commissioner of internal revenue in this tax liability dispute because the taxpayer misrepresented income on returns and could not substantiate deductions.
Court: U.S. Tax Court, Judge: Halpern, Filed On: July 19, 2023, Case #: 2023-89, Categories: Tax
J. Halpern grants the county's motion for summary judgment in this employment racial discrimination suit brought by the Black senior engineering aid who, while working on a bridge project, alleges that his supervisor treated his Caucasian counterparts differently as to overtime and promotion opportunities. The aid's complaining of this resulted in the creation of overtime for him. He later repeatedly refused to meet with his supervisor to discuss his personal use of an assigned vehicle. His arguments regarding company policy on vehicle use do not excuse the insubordination and do not support an inference that the reason for his termination was retaliation for protected activities.
Court: USDC Southern District of New York, Judge: Halpern , Filed On: June 30, 2023, Case #: 7:17cv9121, NOS: Civil Rights - Habeas Corpus, Categories: Evidence, Employment Discrimination, Employment Retaliation