20 results for 'judge:"Kugler "'.
J. Kugler allows plaintiff to continue claims challenging an insurer's decision to lower the actual cash value for a vehicle involved in an accident because the appraisal report listed a price higher than the amount the insured received for the vehicle.
Court: USDC New Jersey, Judge: Kugler , Filed On: April 26, 2024, Case #: 1:22cv6228, NOS: Insurance - Contract, Categories: Insurance
J. Kugler dismisses counterclaims seeking a temporary restraining order to force Shark Tank contestants to take down social media posts because the contestants did not violate any part of a 2019 settlement, and the court already held that the parties had not invoked their audit rights under the settlement.
Court: USDC New Jersey, Judge: Kugler , Filed On: April 23, 2024, Case #: 1:23cv2967, NOS: Other Contract - Contract, Categories: Settlements, Contract
J. Kugler allows plaintiff to continue claims contending an insurer wrongfully denied coverage for a number of lawsuits related to an alleged Ponzi scheme because some of the alleged wrongful acts likely occurred before the "run-off" period contained in the policies. However, whether excess policies should have been applied remains unclear.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 28, 2024, Case #: 1:23cv1951, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Kugler allows plaintiffs to continue certain claims contending that in-vehicle infotainment systems failed to provide "seamless navigation" or "extra safety" as advertised. The drivers hail from six different states, and choice-of-venue determinations could directly impact the certifiability of the proposed class action. Meanwhile, plaintiffs sufficiently alleged under state law that they had been sold defective software systems without their knowledge.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 26, 2024, Case #: 1:23cv1897, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Unfair Competition, Choice Of Law, False Advertising
J. Kugler dismisses most of the claims in a complaint alleging that the insurer wrongfully failed to pay disability benefits. There is no evidence the insurer acted in bad faith, and any losses that resulted from the denial of the claim are best evaluated in the breach of contract claim.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 18, 2024, Case #: 1:23cv2493, NOS: Insurance - Contract, Categories: Insurance, Contract
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[Consolidated.] J. Kugler awards a company attorney fees in claims contending other members of the joint venture violated confidentiality and non-disparagement provisions of a settlement by accusing them of running an organized crime scheme. The company became the prevailing party when the court entered an injunction against the other members for violating the settlement, and the record indicates costs and fees were reasonable.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 6, 2024, Case #: 1:23cv2967, NOS: Other Contract - Contract, Categories: Settlements, Attorney Fees
J. Kugler rules in part for a housing complex accused of attempting to change the terms of a residential lease after the tenant missed several rent payments. The tenant failed to respond to motions filed by the housing complex by set court deadlines, and evidence did not indicate the court acted with racial bias. Meanwhile, the complex did not attempt to charge the tenant attorney fees but failed to provide an analysis explaining why retaliation is not cognizable under state tenant laws.
Court: USDC New Jersey, Judge: Kugler , Filed On: December 27, 2023, Case #: 1:19cv13412, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Landlord Tenant, Attorney Fees
J. Kugler allows a developer to continue certain claims contending the borough wrongfully denied an application to transfer a financial agreement of a property because evidence did not indicate that the other company acted "in conjunction" with the borough to deprive the developer of a constitutional right. However, the adjacent property owner's request for a variance likely violated the terms of the parking lot agreement.
Court: USDC New Jersey, Judge: Kugler , Filed On: December 24, 2023, Case #: 1:22cv3177, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Zoning
J. Kugler finds for a company in claims contending an Indian curcuminoid product manufacturer breached a settlement agreement for patent infringement. The court interprets that the manufacturer would be in breach of the settlement agreement by selling Curcuma longa products during the relevant period, and the manufacturer's defaulting behavior "points to an unwillingness to ever pony up" on attorney fees or other costs.
Court: USDC New Jersey, Judge: Kugler , Filed On: November 6, 2023, Case #: 1:14cv4738, NOS: Patent - Property Rights, Categories: Patent
J. Kugler transfers claims contending a now-deceased priest sexually abused, groomed, and raped plaintiff while he had been a minor in the 1960s. The archdiocese is based in Pennsylvania and had not availed itself of New Jersey law, and religious services performed for the family at its summer home had not been provided for the parish at large.
Court: USDC New Jersey, Judge: Kugler , Filed On: September 7, 2023, Case #: 1:21cv20556, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Jurisdiction
J. Kugler grants the insurer's motion to confirm an arbitration award but denies its motion to dismiss the insured's complaint, which alleges that the insurer systematically undervalued its insureds' vehicles using condition adjustments without actually investigating the conditions of vehicles it considered comparable to the insureds' vehicles. The insured has standing to bring her claims, having pled a sufficient injury-in-fact, and the confirmation of the appraisal award does not preclude the insured from stating a plausible breach-of-contract claim, which she has.
Court: USDC New Jersey, Judge: Kugler, Filed On: August 31, 2023, Case #: 1:22cv6228, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Kugler grants the motion of a group of funds for consolidation and appointment as lead plaintiff in a securities class action, and grants another investor's motion for consolidation while denying his motion for appointment as lead plaintiff. The group of funds has a larger financial interest in the case and are otherwise appropriate as a lead plaintiff. Another fund's motion to withdraw is granted.
Court: USDC New Jersey, Judge: Kugler, Filed On: August 29, 2023, Case #: 1:23cv2763, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Kugler allows an expert to present his opinion in claims contending an insurer failed to pay for property damage caused by heavy rains and wind because the expert report was based on multiple inspections, and the insurer may attempt to impeach the testimony as contradictory at trial.
Court: USDC New Jersey, Judge: Kugler , Filed On: August 24, 2023, Case #: 1:21cv15929, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Kugler rules against both companies in claims contending a debt collector failed to pay a consulting company a finder's fee for work with the department of education. The contract did not definitively constitute a fee transaction, and any ambiguity must be left to a jury to decide. Further, a jury could find both that the solicitation constituted a contract that had been consummated and that it was not a contract.
Court: USDC New Jersey, Judge: Kugler , Filed On: August 16, 2023, Case #: 1:17cv2809, NOS: Other Contract - Contract, Categories: Contract
J. Kugler rules against the ex-son-in-law, who allegedly posted videos online claiming his former wife���s family conspired to plant a gun in his home and frame him in order to win custody of their son. There remains a dispute about whether the statements in the videos were true, as the wife���s comment ���it wasn���t orchestrated��� indicates.
Court: USDC New Jersey, Judge: Kugler, Filed On: August 3, 2023, Case #: 1:21cv13918, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Kugler transfers claims a customer brought against a bank teller to the district of Rhode Island. According to the complaint, the teller refused to allow the customer, a Black man, the full amount of cash he sought to withdraw and forced him to pull down his mask, which the teller did not require of white customers. While the alleged incident occurred at a New Jersey Branch, the arbitration agreement in the parties' contract required that the claim be heard in Rhode Island.
Court: USDC New Jersey, Judge: Kugler , Filed On: June 9, 2023, Case #: 1:22cv5276, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Emotional Distress, Venue
J. Kugler grants an insurer a court order stating a second insurer must provide a construction company indemnification in personal injury claims and reimburse the insurer for defense costs because the company was an additional insured under the second insurer's policy, which thus constitutes the primary policy.
Court: USDC New Jersey, Judge: Kugler , Filed On: May 22, 2023, Case #: 1:21cv7668, NOS: Insurance - Contract, Categories: Insurance