8 results for 'judge:"Lohier"'.
J. Lohier finds that the district court properly dismissed a trust's request for relief in the form of a declaration that a life insurance policy remained in effect after assignment and purported reassignment for lack of contractual standing to sue under New York law because the trust failed to notify the insurer that the policy had been reassigned to the trust by the policyholder. Affirmed.
Court: 2nd Circuit, Judge: Lohier, Filed On: April 5, 2024, Case #: 19-87-cv, Categories: Civil Procedure, Insurance, Contract
J. Lohier finds that the district court improperly held on remand that immigration officials had detained defendant in bad faith after he was ordered released under the Bail Reform Act pending criminal trial. A general rule established in the interim permits detention of criminal defendants ordered released under the Act, and the record did not indicate defendant's detention had been pretextual or geared toward prosecution rather than deportation. Reversed.
Court: 2nd Circuit, Judge: Lohier, Filed On: March 22, 2024, Case #: 17-3904-cr, Categories: Immigration, Bail
J. Lohier finds that the district court properly dismissed class claims alleging motorists were hit with excessive fines for failing to make payments following implementation of "cashless tolling" at New York City bridges and tunnels because the reduced fines were not unconstitutional as "grossly disproportional" to the offense and did not unjustly enrich the public authority. Affirmed.
Court: 2nd Circuit, Judge: Lohier, Filed On: January 26, 2024, Case #: 22-751-cv, Categories: Constitution, Vehicle, Class Action
J. Lohier finds that the district court improperly dismissed class unpaid overtime claims brought by restaurant employees even though their job titles contained the word "manager" because the employees' duties were non-managerial. Meanwhile, they did not have to list specific weeks in which they worked overtime to establish they regularly worked more than 40 hours a week.
Court: 2nd Circuit, Judge: Lohier, Filed On: October 16, 2023, Case #: 22-1962-cv, Categories: Employment, Class Action
J. Lohier finds the district court properly dismissed an appeal from bankruptcy court decision declining to transfer real property since the county did not timely object to the designation of an annuity as exempt. The county took title prior to sale and thus neither bidding rules nor procedures could have inured to the benefit of the debtor other than the county.
Court: New York Court Of Appeals, Judge: Lohier, Filed On: September 29, 2023, Case #: 21-2917, Categories: Bankruptcy, Property
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J. Lohier finds that the district court improperly held that accounting errors that led an insurer to restate five years' worth of financial reports constituted misstatements amounting to opinion. The company's method for recognizing revenue on extended warranty contracts and expenses on discretionary employee bonuses was objectively misleading and did not represent an exercise in subjective judgment.
Court: 2nd Circuit, Judge: Lohier, Filed On: August 23, 2023, Case #: 20-1643-cv, Categories: Fraud, Securities, Class Action
J. Lohier finds that the board of immigration appeals improperly declined to block deportation and grant asylum to a Falun Gong practitioner because plaintiff's claims contending he was a refugee who fled beatings in China was deemed not credible due to "trivial" rather than material inconsistencies between hearing testimony and written information.
Court: 2nd Circuit, Judge: Lohier, Filed On: July 25, 2023, Case #: 19-715-ag, Categories: Immigration
J. Lohier finds that the district court properly held that a medical billing firm lacked standing to sue a Medicare administrative contractor for an error that resulted in a service provider being underpaid. The billing firm failed to exhaust agency appeals before seeking judicial review, and the narrow exception that would have allowed skipping that step did not apply. Affirmed.
Court: 2nd Circuit, Judge: Lohier, Filed On: July 7, 2023, Case #: 21-1622-cv, Categories: Jurisdiction, Medicare