11 results for 'judge:"Kuntz"'.
J. finds dismisses a case against Delta Airlines alleging it racially discriminated against an Asian passenger when it forced to give up her first class seat to a white woman on a New York City-bound flight due to a ticketing error. Four of her five claims were dismissed with prejudice on a motion to withdrawal, and the court enters judgment in favor of the airline on her sole remaining federal civil rights claim, finding she fails to rebut its argument that the ticketing error was made before the gate agent had ever met her or learned of her race.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: March 22, 2024, Case #: 2:20cv1705, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Transportation
J. Kuntz enters judgment in favor a Colombian au pair on her hostile work environment and constructive discharge claims against a Staten Island family, whom she sued for liability after discovering the husband secretly installed a security camera, disguised as a smoke detector, on the ceiling of her bedroom to film her without her knowledge and then reported him to the authorities. The husband’s plea deal in his state court criminal case precluded the family from arguing against liability under collateral estoppel. The court further denies, in part, the au pair program’s motion for summary judgment, preserving her employment discrimination claims for trial while dismissing her aiding and abetting, interference and negligence claims.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: December 13, 2023, Case #: 1:21cv5237, NOS: Employment - Civil Rights, Categories: Negligence, Privacy, Employment Discrimination
J. Kuntz finds that the trial court improperly granted a doctor leave to amend the complaint to seek punitive damages related to his defamation suit because the doctor failed to demonstrate CNN acted with malice in reporting mortality rates associated with a pediatric open-heart surgery program. Reversed.
Court: Florida Courts Of Appeal, Judge: Kuntz, Filed On: October 18, 2023, Case #: 4D2022-1674, Categories: Damages, Defamation
J. Kuntz finds that the trial court properly declined to dismiss third-party negligence claims related to a murder committed by a homeless who had been provided a hotel voucher. The city is not entitled to sovereign immunity on the hotel's indemnification claim since the parties had entered a valid contract at the time of the incident. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Kuntz, Filed On: October 4, 2023, Case #: 4D2023-0380, Categories: Immunity, Negligence, Indemnification
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J. Kuntz rules in favor of the New York State Department of Environmental Conservation on a lawsuit brought by the Unkechauge Indian Nation for equitable relief that seeks to challenge the agency’s statutory authority over their people’s right to freely fish in waterways located upon its reservation lands, arguing it violates their sovereign and religious rights. The agency had requisitioned citizens’ fishing equipment and issued criminal summonses in an effort to curtail overfishing of the American eel, whose populations over the years has dropped significantly since the 1990s. Precedent holds that indigenous communities are not immunized from reasonable, non-discriminatory regulations related to conservation efforts.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: June 16, 2023, Case #: 2:18cv1132, NOS: Environmental Matters - Other Suits, Categories: Environment, Native Americans
J. Kuntz enters summary judgement in favor of a cement and concrete workers union on its ERISA claims against a construction company for unpaid fringe benefits contributions and union dues. The court finds the construction company admitted to its liability for the unpaid amounts when it failed to respond to the union’s request for admissions following audits of its financial records, along with its direct admissions in its responses to the union’s court filings. The union is awarded $421,568 in total damages.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: June 12, 2023, Case #: 1:19cv2145, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Damages, Labor
J. Kuntz dismisses a putative class action securities fraud action brought by investors alleging Ericsson, a multinational telecommunications company based in Sweden, defrauded investors and made false and misleading financial statements related to its recent operations in Iraq. An internal investigation, later obtained by the International Consortium of Investigative Journalists, found the company used illegal methods to secure lucrative contracts in the country, which included the use of bribes, sham contracts and kickbacks and in one case paying ISIS for access to transportation routes through ISIS-held territory. The investors’ claims fail to allege the company acted with conscious recklessness.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: May 24, 2023, Case #: 1:22cv1167, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities