33 results for 'judge:"Liman"'.
J. Liman denies former President Trump's motion for a new trial on author Jean Carroll's claim that he defamed her in two statements issued from the White House in 2019. The jury was entitled to conclude that Mr. Trump derailed Ms. Carroll's career, and exposed her to public threats due to his malicious attacks on her character. The compensatory damages award of $18.3 million is far from an anomaly in high-profile defamation cases, and the jury was entitled to find that Mr. Trump's continued attacks on Ms. Carroll, even during the course of trial, warranted a finding he would not stop making such remarks without a significant deterrent, supporting the $65 million punitive damages award.
Court: USDC Southern District of New York, Judge: Liman, Filed On: April 26, 2024, Case #: 1:20cv7311, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Defamation
J. Liman tosses a legal challenge against the U.S. Eastern District Court’s rule of automatically assigning related cases filed by self-represented litigants to the same judge. In this case the litigant, a father, filed several suits related to his state child custody hearings, each of which were assigned to the same judge, who promptly dismissed the cases for various reasons. The court rules the system does not violate pro se litigants’ equal protection or due process rights.
Court: USDC Eastern District of New York, Judge: Liman, Filed On: April 12, 2024, Case #: 1:23cv4330, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Due Process, Equal Protection
J. Liman grants in part a hospital’s motion for summary judgment in this matter of alleged employment discrimination and retaliation. An Oncology unit employee reported to hospital administration that she was being subjected to harassing and unprofessional behavior by a physician; the hospital found no fault by the doctor. A hospital administrator discovered that the employee did not have the required certifications to work in the oncology unit. A detailed plan was implemented for the employee to earn the necessary credentials, but she failed to adhere to the plan, and her agreement was not renewed. She filed a complaint and transferred to Faculty Practice, where her supervising physician found she struggled with her work, required extensive supervision, and reported patient complaints, ultimately resulting in her termination. The employee alleges that her non-renewal and termination constituted unlawful discrimination based on her sex, race, color, national origin, and age. The instant court finds the employee may have been subjected to a hostile work environment while working in the Oncology unit, and that it is reasonable that the non-renewal may have been discriminatory and/or retaliatory in nature and should move forward, but the hospital presented sufficient evidence to support her termination from Faculty Practice for non-discriminatory/retaliatory reasons.
Court: USDC Southern District of New York, Judge: Liman, Filed On: April 8, 2024, Case #: 22cv1159, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
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J. Liman grants a default judgment to the creator of the Five Nights at Freddy's series of horror video games in a copyright infringement suit against a China-based Amazon seller of unauthorized copies. The creator shall be awarded $90,000 in damages for willful infringement, less than the $150,000 requested because the creator did not submit any evidence of his losses.
Court: USDC Southern District of New York, Judge: Liman, Filed On: March 18, 2024, Case #: 1:22cv3021, NOS: Copyrights - Property Rights, Categories: Copyright, Damages
J. Liman partially denies the Louisiana law firm's motion to dismiss breach of contract claims stemming from its role in persuading the buyer to sign an escrow agreement for the purchase of $1 million in medical gowns. The buyer sent the initial $113,000 payment, but never received any gowns and the firm never returned the money. The firm is subject to jurisdiction in New York based on its communications into New York with the purpose of completing the transaction.
Court: USDC Southern District of New York, Judge: Liman, Filed On: March 4, 2024, Case #: 1:22cv9586, NOS: Other Contract - Contract, Categories: Fraud, Jurisdiction, Contract
J. Liman partially grants the venture capital firm's motion for a new trial. While the employee proved that the employer violated the terms of the offer letter by failing to pay her a cash bonus. However, the $1.5 million award is excessive. The former employee has the choice between a new trial on damages or a reduced verdict of $450,000.
Court: USDC Southern District of New York, Judge: Liman, Filed On: December 26, 2023, Case #: 1:21cv4283, NOS: Other Contract - Contract, Categories: Employment, Damages, Contract
J. Liman partially grants the former employee's motion to dismiss her former employer's trademark infringement claims stemming from the employee's use of the name "The Sanctuary" for a luxury yoga studio in New York and for affiliating herself with her former employment at The Surf Lodge, a luxury hotel. The trademark infringement claims lack merit, but the employer may pursue claims under the Anti-Cybersquatting Consumer Protection Act for the employee's creation of an Instagram account @TheSurfLodgeSanctuary.
Court: USDC Southern District of New York, Judge: Liman, Filed On: November 27, 2023, Case #: 1:23cv2051, NOS: Trademark - Property Rights, Categories: Trademark, Technology
J. Liman partially denies the music manager's breach of contract and fraud counterclaim against a recording artist and former girlfriend. The manager failed to establish as a matter of law that the artist breached the parties' recording agreement. However, he is entitled to dismiss the artists' fraud and emotional distress claims as she cannot identify any misrepresentation made by the manager.
Court: USDC Southern District of New York, Judge: Liman, Filed On: August 30, 2023, Case #: 1:21cv10652, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Liman partially grants the law firm's motion for sanctions against a Chinese permanent resident who accused the firm of working for the Chinese Communist Party and conspiring to harass him. The man's claims are legally frivolous and devoid of all factual basis. As a sanction, he must pay all the firm's legal expenses in connection with this litigation, plus a fine of $2,500 for burdening the court. However, an anti-suit injunction is not appropriate.
Court: USDC Southern District of New York, Judge: Liman, Filed On: August 22, 2023, Case #: 1:23cv343, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions
J. Liman finds that the employee's award of $6.25 million for injuries sustained when a steel frame walkway fell on him shall be reduced to $2 million, as the jury's award was excessive, and its award of $250,000 in economic damages was unduly speculative.
Court: USDC Southern District of New York, Judge: Liman, Filed On: July 12, 2023, Case #: 1:20cv10782, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Tort, Damages
J. Liman partially grants the SEC's motion to compel production of documents in a lawsuit over an alleged scheme to defraud investors by releasing misleading information about RenovaCare and its experimental device for treating burn wounds called the "SkinGun." The agency may seek documents from the company's consultant because he was closely integrated into the company's business and involved in helping with key tasks. However, the SEC has not shown the consultant was a de facto employee.
Court: USDC Southern District of New York, Judge: Liman, Filed On: July 10, 2023, Case #: 1:21cv4777, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Discovery
J. Liman grants the hospital's motion to dismiss this suit brought by the nurse, seeking $20 million in damages for lost wages and future earnings, alleging religious discrimination and wrongful termination stemming from her refusal to be vaccinated against COVID 19. The nurse fails to show how the hospital discriminated against her on the bases of religion or disability, or how it intentionally inflicted emotional distress upon her. As currently pled, the complaint fails to state claims for relief and is dismissed without prejudice.
Court: USDC Southern District of New York, Judge: Liman , Filed On: June 30, 2023, Case #: 1:22cv6951, NOS: Civil Rights - Habeas Corpus, Categories: Emotional Distress, Covid-19, Employment Discrimination
J. Liman dismisses fraud claims against defendant borrowers in a suit related to a mezzanine loan to a consumer lender. The lender was aware of the company's technical default on a prior loan before closing on its own loan, and no reasonable juror could find that the lender relied on oral statements made by one of the borrower's executives, without any due diligence, on the value of the investment opportunity.
Court: USDC Southern District of New York, Judge: Liman, Filed On: June 7, 2023, Case #: 1:20cv2444, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Banking / Lending
J. Liman finds in favor of the FAA in an action brought by the air traffic controller arising after the FAA withheld records under FOIA exemptions. The records were related to the FAA's decision to realign responsibility for the Newark sector airspace from the New York Terminal Radar Approach Control Facility to the Philadelphia Air Traffic Control Tower due to staffing shortfalls. The air traffic controller also requested records related to communications between the FAA and the NATCA labor union. The FAA established that the information which was withheld is commercial or financial in nature and that disclosure of the NATCA's proposals and negotiating positions would cause foreseeable commercial harm and undermine the union's future collective bargaining efforts. The air traffic controller failed to exhaust his administrative remedies in challenging the withholdings and therefore cannot claim that the FAA's search was inadequate. Evidence shows that the search was adequate.
Court: USDC Southern District of New York, Judge: Liman, Filed On: June 2, 2023, Case #: 1:22cv44, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Aviation