13 results for 'judge:"Kaplan "'.
J. Kaplan grants the banks' motion to dismiss a class action alleging violations of the Commodity Exchange Act in connection with the marketing, sale, and management of a derivative investment product. The complaint fails to allege specific acts committed by each individual defendant, instead lumping defendants together as a group. Further, the fraud allegations do not detail exactly what fraudulent statements the bank make to investors.
Court: USDC Southern District of New York, Judge: Kaplan, Filed On: April 29, 2024, Case #: 1:23cv2866, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Kaplan finds for the U.S. in this post-award bid protest for a contract to build ships because the coast guard performed a fair and reasonable evaluation of the proposals and reached a best value decision.
Court: Court of Federal Claims, Judge: Kaplan, Filed On: December 14, 2023, Case #: 22-1517C, Categories: Contract
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J. Kaplan dismisses a cryptocurrency developer's defamation suit against the New York Times stemming from an article entitled "The Dramatic Crash of a Buzzy Cryptocurrency Raises Eyebrows," which included quotations from analysts suggesting that insiders secretly dumped the coin to personally profit from the launch. The challenged statements are clearly opinions, and rebutted later in the article by other opinions offering alternative explanations for the coin's decline in value.
Court: USDC Southern District of New York, Judge: Kaplan, Filed On: November 13, 2023, Case #: 1:22cv5418, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Technology
J. Kaplan finds for the U.S. in a post-award bid protest concerning a contract to provide information technology services because plaintiff failed to demonstrate bad faith in the evaluation process.
Court: Court of Federal Claims, Judge: Kaplan, Filed On: August 30, 2023, Case #: Teksynap , Categories: Contract
J. Kaplan dismisses former President Trump's defamation counterclaim against writer Jean Carroll for allegedly disregarding the jury's finding that Trump did not rape her in statements made out loud in the courtroom following the jury verdict. New York law does not consider forcible digital penetration to be "rape," but many state laws do and it constitutes "rape" in common modern parlance, including in some dictionary definitions. Therefore, Trump fails to state a claim for defamation because he cannot plausibly allege Ms. Carroll's statements were untrue.
Court: USDC Southern District of New York, Judge: Kaplan, Filed On: August 7, 2023, Case #: 1:20cv7311, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Defamation
J. Kaplan denies former President Trump's request to reduce the jury's $2 million award to Jean Carroll for sexually assaulting her. The jury unequivocally found that Trump deliberately penetrated Carroll's vagina with his fingers, which is the common definition of "rape" even if it does not legally count as "rape" under New York law. Trump's claims that the jury found he merely groped Carroll is entirely untrue, and the damages award is not excessive.
Court: USDC Southern District of New York, Judge: Kaplan, Filed On: July 19, 2023, Case #: 1:22cv10016, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Assault
J. Kaplan denies a shipbuilder's motion to supplement the record in a post-award bid protest concerning a contract to provide the Coast Guard with Offshore Patrol Cutter 2. The indictment and the SEC complaint both derive from unrelated contract claims filed six years earlier and do not indicate that the procurement decision had been made unfairly.
Court: Court of Federal Claims, Judge: Kaplan, Filed On: June 12, 2023, Case #: 22-1571C, Categories: Civil Procedure, Contract