37 results for 'judge:"Matsumoto"'.
J. Matsumoto approves a $9.5 million proposed class action settlement against a steel manufacturer on claims for securities violations. Investors sued the company following a steep decline in its stock price after it was reported it had engaged in a bribery scheme targeting government officials in Argentina. The court awards lead counsel a third of the settlement amount, approximately $3.1 million, in attorney fees, plus $83,935 in expenses.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 22, 2024, Case #: 1:18cv7059, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Matsumoto dismisses a defamation lawsuit against a couple, who run a website and YouTube channel, and allegedly made defamatory statements about a North Carolina maker of tabletop role-playing games. The court finds the majority of the statements, some of which amounted to nothing more than name-calling, would merely be interpreted as opinions and thus are too subjective to be actionable.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 17, 2024, Case #: 1:22cv5686, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Defamation
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J. Matsumo rules on a series of motions in limine in a personal injury product liability lawsuit against BMW, who was sued by a driver who says his right thumb was partially amputated when his 2013 BMW X5’s Soft Close Automatic door technology suddenly activated. The litigant is allowed to produce photographs of his injury as well as evidence related to a prior recall issued by BMW regarding the door closing tech, while BMW can present evidence to bolster its argument that external factors caused his injuries, but may not present evidence showing the vehicle manufacturer’s compliance with federal safety regulations, finding the information irrelevant.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 8, 2024, Case #: 2:17cv209, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Evidence, Tort, Product Liability
J. Matsumoto dismisses a securities fraud class action against Immunovant, a drug manufacturer, over alleged misstatements and omissions made regarding the development, testing and marketing of one of its autoimmune disease medications. The court finds disagreements over the parties’ competing interpretations of data obtained in clinical trials is not actionable under securities laws, thus the investors fail to plead material misrepresentations and scienter.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: March 29, 2024, Case #: 1:21cv918, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Health Care, Securities, Class Action
J. Matsumoto dismisses a second-amended fraud complaint that alleges a sports card authentication and grading services company misrepresented the authenticity of a 1980 Larry Bird, Magic Johnson Scoring Leaders trading card. The card owner’s state law fraud claim is time-barred, and the complaint fails to allege scienter or intent to deceive.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: March 22, 2024, Case #: 1:22cv5308, NOS: Other Contract - Contract, Categories: Fraud
J. Matsumoto enters partial default judgment and finds a mechanical engineering and fabrication firm and its owner jointly and severally liable for a client’s breach of contract claim and awards the client $200,000 in damages, plus pre- and post-judgment interest. The client successfully alleges the fabricator breached an agreement when it failed to design and build a machine that would convert plastic waste into fuel.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: February 26, 2024, Case #: 1:22cv250, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Matsumoto grants a motion to intervene filed by the district’s U.S. Attorney and stays a securities fraud action pending resolution of a related criminal case filed in the U.S. Eastern District of New York. The lead defendant in the case was indicted on charges related to the same actions that the SEC cited in its complaint, which alleges he and other individuals defrauded over 4,000 investors of more than $528 million in investment funds. The court agrees with the government’s assertions that it has a strong interest in preventing discovery in the civil case from circumventing the more limited discovery proceedings in the criminal trial.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: February 5, 2024, Case #: 2:23cv8953, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Discovery
J. Matsumoto grants a New York City school teacher leave to file a second amended employment retaliation complaint against the city’s educational department, but denies his motion to file with what he proposes is his second amended complaint. The court finds that, while he proposes three claims for retaliation, only one claim regarding allegations that he was issued a negative performance review for filing complaints regarding discriminatory treatment resolved factual deficiencies cited by the court.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: January 3, 2024, Case #: 1:22cv3117, NOS: Employment - Civil Rights, Categories: Education, Employment Retaliation
J. Matsumoto dismisses, with prejudice, an Americans with Disabilities Act discrimination complaint that alleges a luggage and travel accessories retailer fails to make its website accessible to blind and visually impaired users. The litigant, who has filed more than 100 similar cases in this district, failed to respond to the court’s order to either file a motion for default entry against the retailer or explain why she had not done so.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: December 8, 2023, Case #: 1:23cv5502, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act
J. Matsumoto enters default judgment against the owner of a Brooklyn-based restaurant on state and federal labor law claims and awards a server and bartender a total of $46,970 in damages after finding it liable for their unpaid minimum, overtime and spread-hours wages.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: November 20, 2023, Case #: 1:22cv7064, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages, Labor
J. Matsumoto dismisses outright a securities fraud complaint brought against an industrial plastics manufacturer on claims that it omitted various statements in a proposed stock incentive plan, which ultimately resulted in a 50% loss in value for common stock holders following the company’s approval of a merger that turned the company private. The court finds that many of the omissions the stockholder alleges were not disclosed are in fact disclosed in the stock incentive plan’s papers or are simply self-evident. As well, the stockholder even admits that the company’s financial losses were in large part due to the onset of the Covid-19 pandemic.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 29, 2023, Case #: 1:20cv6028, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Covid-19, Class Action
J. Matsumoto grants a writ for pre-judgment attachment and orders a physician to pay Geico $576,040 as well as disclose any and all personal assets she possesses for her alleged role in a medical insurance fraud scheme involving claims for medical services provided to no-fault car accident victims. The court overrules the physician’s objections arguing there was not enough evidence to conclude she had forged a non-party physician’s signature on claim documents to collect on the payments.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 28, 2023, Case #: 1:22cv6187, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Insurance
J. Matsumoto adopts a magistrate judge’s report and dismisses a seven-count labor law, employment discrimination and whistleblower retaliation suit brought by senior management of the Girl Scouts of America’s Suffolk County branch, claiming the organization’s board of directors and executive board targeted them for retaliation after they opposed what they suspected were acts of fraud, accounting irregularities, ethical issues and other violations. In regards to their claims under the National Labor Relations Act, the court finds it lacks jurisdiction. However, the court grants them one final opportunity to amend their employment discrimination claims alleging the company’s actions were racially motivated.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 28, 2023, Case #: 2:21cv7153, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Whistleblowers, Labor
J. Matsumoto grants partial summary judgment to opposed insurance companies embroiled in a dispute involving the indemnification of a mall, a construction company and a furniture firm. The court lacks jurisdiction over one indemnification claim brought by two of the firms, one successfully showed that its competitor owes a duty to defend the furnisher and motions for declaratory judgment are denied. The court recommends renewal of settlement discussions.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 28, 2023, Case #: 1:21cv1802, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Matsumoto adopts a magistrate judge's report and recommendation and preserves a class action lawsuit against Banana Republic, the popular clothing retailer, alleging it paid a manual laborer on a biweekly basis instead of weekly in violation of New York state labor laws. The court overrules the retailer's contentions that state law does not provide a private right of action and that the laborer failed to articulate a concrete injury for purposes of standing. The court also declined to consider a letter which purportedly granted the retailed an exemption from rule.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 14, 2023, Case #: 1:21cv6160, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor / Unions
J. Matsumoto dismisses, for lack of subject matter jurisdiction, an elderly tenant’s due process claims that allege the U.S. Department of Housing and Urban Development and a property manager illegally increased his monthly rent from $688 to $1,521. He fails to allege the department had any involvement in the decision to increase his rent. As well, the court finds the department does not have the authority to grant the relief he seeks.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 6, 2023, Case #: 1:22cv3539, NOS: Other Civil Rights - Civil Rights, Categories: Housing, Due Process, Jurisdiction
J. Matsumoto denies, in part, a motion to dismiss and allows a Guyanese transgender woman to bring two claims for sex-based hostile work environment and retaliation against her employer, a nursing home medical personal staffing agency. The court finds the sexual harassment she endured from her coworkers was both severe and pervasive meet the threshold for a hostile work environment claim. It further finds her post-termination email in which she complained of discrimination and harassment was considered a protected activity and allows her claim for retaliation to survive a motion to dismiss.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 6, 2023, Case #: 1:21cv4306, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation