23 results for 'judge:"Komitee"'.
J. Komitee partially adopts a magistrate judge’s order and preserves for the most part an employment discrimination complaint filed against the United States Postal Service. The court dismisses the employee’s race or national origin discrimination claim with leave to amend. The court however rejects the order’s conclusion that the postal service had a legitimate reason for issuing adverse employment actions against the employee, finding the decision was based on evidence outside the pleadings.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 17, 2024, Case #: 2:20cv1146, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination
J. Komitee denies in part a motion for summary judgment on a civil rights complaint alleging constitutional rights violations stemming from the execution of a no-knock search warrant on a family’s home in Queens. The family’s mother claims she was partially nude during a portion of the search, but a dispute remains over how long and whether she was allowed to dress before or after she was handcuffed. The court further finds the officers are entitled to immunity on the father’s claims that he was unlawfully detained in a police van parked several blocks away, but concludes a jury could find the length of time he was detained in the van, over two hours, was unreasonable and preserves the claim as it relates to temporality.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 5, 2024, Case #: 1:20cv3109, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Police Misconduct
J. Komitee grants a motion on the pleadings and declares a travel agency and its parent company are not afforded coverage under their professional liability insurance policy for a series of civil actions filed in Canada stemming from a fatal tour bus crash. The court finds coverage is excluded under the policy’s bodily injury exclusion clause.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 26, 2024, Case #: 1:21cv5590, NOS: Insurance - Contract, Categories: Insurance
J. Komitee denies competing motions for summary judgment and preserves in full two state law class actions alleging Gerber misled consumers by falsely claiming its Good Start Gentle infant formula could reduce an infant’s risk of developing allergies and that the FDA had officially endorsed its claims. While the plaintiffs at this stage have failed to prove unequivocally that the product does not in fact reduce the risk of allergies, that in the form of eczema, the court finds a jury could conclude the product’s labeling deceives consumers as to its effectiveness and to what degree the FDA approved those claims.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 25, 2024, Case #: 1:15cv2995, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Class Action
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J. Komitee issues his findings of fact following a bench trial and rules in favor of four car wash attendants on their unpaid-wages and retaliation claims against a Brooklyn-based car wash. The court awards each litigant $3,000 in damages for their state labor law retaliation claims, prejudgment interest, plus individualized awards for unpaid wages and misappropriated gratuities.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 20, 2024, Case #: 1:13cv6085, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages, Labor
J. Komitee grants summary judgment against a former New York City police detective who alleges he was the subject of a conspiracy to frame him for various crimes in order to pressure him to resign from the force. The court finds the former officer fails to present any evidence that would suggest the existence of a conspiracy or back up his claim that he was coerced into signing a confession in which he admitted trespassing in people’s backyards and masturbating while watching women inside their homes.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 14, 2024, Case #: 1:20cv642, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Komitee dismisses a shareholders’ suit against JPMorgan Chase for its alleged failure to disclose the widespread use of unapproved communications channels among its employees, which resulted in a $200 million civil penalty issued by the Securities and Exchange Commission. The shareholder fails to plead material misstatements, false or misleading statements or omissions regarding the financial institution’s risk controls in its 2021 proxy statement.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 14, 2024, Case #: 1:22cv1331, NOS: Stockholders’ Suits - Contract, Categories: Securities
J. Komitee declines to issue a preliminary injunction in a patent infringement lawsuit concerning competing municipal bus lane enforcement technologies. The competing companies had previously engaged in a bidding war over a contract with New York City’s Metropolitan Transit Authority to install its technologies on city buses, both of which detect and report traffic violations in bus lanes. The alleged patent holder fails to present enough evidence to conclusively show the competing company’s product infringes on its patents and further raises issues regarding the validity of its own patents.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 9, 2024, Case #: 1:23cv3471, NOS: Patent - Property Rights, Categories: Patent, Transportation
J. Komitee denies a motion for a preliminary injunction to an online merchant on its copyright claims that seeks to prohibit a competing Amazon seller from using copyrighted photographs of its shampoo and soap pump dispensers to advertise competing products. The photographs lack the requisite degree of originality to grant them protection under copyright laws.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: October 19, 2023, Case #: 1:23cv1777, NOS: Copyrights - Property Rights, Categories: Copyright
J. Komitee dismisses a self-represented technology director’s equal protection and due process complaint in which he alleges his employer, a private charter school, fired him after he refused to comply with its Covid-19 vaccine mandate. The court finds the private charter, as a state agent, was within its rights to institute a policy with the goal of effectively combating the spread of Covid-19.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 27, 2023, Case #: 1:22cv1587, NOS: Other Civil Rights - Civil Rights, Categories: Education, Equal Protection, Covid-19
J. Komitee dismisses, for lack of personal jurisdiction, product liability claims against the CEO of REI, the maker of popular outdoor recreational equipment and apparel, as well as a member of its board of directors. A Queens-based resident alleges that trekking poles he purchased from REI bent and gave away while he was hiking through the Catskill Mountains in New York, causing him to fall and suffer several broken bones. He ultimately fails to attribute the company’s alleged unlawful actions to its senior management.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 23, 2023, Case #: 1:22cv1211, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Jurisdiction
J. Komitee dismisses a New York City school teacher’s due process and equitable relief complaint alleging the city’s education department placed her on unpaid leave and ultimately terminated her employment after she refused to get a Covid-19 vaccination. The court finds her due process rights were not violated because there were several available options she could have pursued both prior to and after she was fired to contest the department’s decisions. The court also finds that her substantive due process claim alleging the department violated her right to refuse unwanted and medically unnecessary medical care also fails, as the Supreme Court has not recognized such a right under the U.S. Constitution.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 22, 2023, Case #: 1:21cv6833, NOS: Other Civil Rights - Civil Rights, Categories: Education, Due Process, Covid-19
J. Komitee dismisses a Louisiana resident's civil rights complaint with claims stemming from his fight to regain guardianship of his adult son, who suffered a brain injury, after his sister filed a request for guardianship in New York State Family Court. The court finds his complaint fundamentally a state court matter and declines to exercise jurisdiction. As well, New York state provides ample legal avenues to address his claims. Finally, the court finds the Family Court judge and a temporary appointed guardian are protected by judicial and quasi-judicial immunity, respectively.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 21, 2023, Case #: 1:23cv3859, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Jurisdiction
J. Komitee dismisses, for lack of personal jurisdiction, claims brought against a litigant’s former business partner alleging he transferred ownership of a patent he claimed an interest in as part a settlement agreement that arose from the dissolution of their Nevada-based gaming company. None of the defendants reside or have any connection to the state of New York, thus the court does not have jurisdiction over them.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: August 21, 2023, Case #: 2:21cv7080, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Komitee dismisses a swimwear consultant’s breach of contract complaint alleging a swimwear merchandise provider failed to compensate her for consultancy work she provided and also induced her to invest in a separate personal protective equipment venture, but ultimately misappropriated the funds for personal use. The consultant fails to provide enough details to allege the existence of an enforceable contract in either respect.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: July 17, 2023, Case #: 1:21cv4395, NOS: Truth in Lending - Torts - Personal Property, Categories: Contract
J. Komitee denies a litigant’s motion to seal his entire case which he first filed in 2008 stemming from the suspension of his medical license, finding that, despite his protestations that the case has denied him gainful employment, the motion is outweighed by the public’s interest. The court finds it more prudent to seal only his medical records he provided.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: May 31, 2023, Case #: 1:08cv4718, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Employment, Health Care
J. Komitee denies a motion to strike the claims in a putative class action product liability suit brought against the makers of the OGX line of haircare products which allege the products’ use resulted in hair loss and other scalp injuries, finding the issues the manufacturers asserted, including their argument that the litigant’s claims are too individualized to be asserted in a class action, are best resolved at the class certification stage.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: May 17, 2023, Case #: 1:21cv6557, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Class Action
J. Komitee dismisses a law firm’s insurance contract action against its insurer which seeks to recover damages stemming from the insurer’s denial of coverage and to compel the insurer to defend and indemnify for an underlying negligence action. The law firm was sued by one of its clients alleging it mistakenly sent a $529,950 closing fee, which was intended for the purchase of a real estate property in Staten Island, to a fraudster who was accidently added to an email chain. Its claims are not covered by the policy because they arise from the conversion or misappropriation of funds.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: May 10, 2023, Case #: 1:21cv4904, NOS: Insurance - Contract, Categories: Insurance, Property, Negligence
J. Komitee dismisses a putative class action securities fraud suit alleging a Mumbai-based bank made misleading statements in its annual SEC filings by overstating its internal disclosure controls and by failing to disclose a scheme in which it forced customers without their knowledge to purchase GPS navigation devices when applying for an auto loan. The court finds the statements the investors alleged were misleading are not material.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: May 1, 2023, Case #: 2:20cv4140, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities