7 results for 'judge:"Locke"'.
J. Locke declines to sever and stay a patent infringement claim from a patent, false advertising and trademark complaint against three Germany-based companies alleging they manufactured, imported and sold infringing dental adhesive mixing devices, finding several factors weigh against severance. The court further grants the competitors’ motion to stay the full case pending resolution of the litigant’s appeal challenging the Patent Trial and Appeal Board’s decision, which found several aspects of the underlying patent unenforceable.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: May 3, 2024, Case #: 2:22cv6613, NOS: Patent - Property Rights, Categories: Patent, Trademark, False Advertising
J. Locke enters judgment against a construction materials vendor on an unjust enrichment claim and awards a fencing installer $3.3 million in damages. The court finds enough evidence was presented to prove the supplier significantly overcharged the installer for blades used to cut concrete, in some cases as much as 40 times more than the average price. The court further finds the supplier’s members personally liable for the damages.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: March 6, 2024, Case #: 2:14cv2552, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Locke rules on a series of motions filed in a product liability lawsuit for injuries stemming from the use of a retractable dog leash product sold on Amazon and at Petco retail stores. A woman alleges her middle and ring fingers were amputated after the cord on a Flexi New Classic leash wrapped around her hand while she was walking her golden retriever. The court preserves her claims for negligence, design defect and failure to warn, and also finds it has personal jurisdiction over the claims against the product’s distributor. The court further grants limited discovery to allow the litigant to establish jurisdiction over the product’s manufacturer, which is based in Germany.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: February 15, 2024, Case #: 2:22cv6608, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Jurisdiction
J. Locke awards Toyota Lease Trust $232 in depreciation damages, plus $235,054 in attorney fees after it prevailed on its due process and unreasonable seizure claims against a Long Island village. Toyota tried to claim it was entitled to more than $3,000 in depreciation damages, but the court concludes the village is only liable for the loss in the car’s value from the time it was first impounded until its release, not when it was sold at auction a few months later.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: February 15, 2024, Case #: 2:20cv2207, NOS: Other Civil Rights - Civil Rights, Categories: Damages, Attorney Fees
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J. Locke finds a property developer’s substantive and procedural due process and equal protection claims against the Long Island town of East Hampton were sufficiently adjudicated in state court and dismisses their civil rights complaint under the doctrine of res judicata. The property developer sued the town and various public officials on claims that the town issued a stop-work order on the construction of a two-story mixed commercial-residential building without giving the developer an opportunity to contest the order after discovering it had used concrete instead of asphalt, in violation of their building permit, for several disability-related improvements in the property’s parking lot.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: November 28, 2023, Case #: 2:20cv5828, NOS: Other Civil Rights - Civil Rights, Categories: Zoning, Due Process, Equal Protection