15 results for 'judge:"McAvoy"'.
J. McAvoy grants summary judgment to a power company on an insurer’s negligence claims, finding the insurer, as subrogee, failed to provide sufficient evidence to prove the source of a fire that damaged an insured’s commercial building was caused by a faulty electrical meter.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: November 29, 2023, Case #: 5:21cv374, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Insurance, Negligence
J. McAvoy grants, in part, Binghamton University and two of its employees’ motion to dismiss a former maintenance worker’s discrimination and retaliation claims brought after he raised concerns about harassment due to religion and ethnicity in violations under Title VII and the New York Human Rights Law. His Title VII claims against the two employees and his state discrimination and retaliation claims against the university do not survive the motion because the university is entitled to sovereign immunity. The motion to dismiss is denied to all other respects.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: October 30, 2023, Case #: 3:22cv1282, NOS: Employment - Civil Rights, Categories: Immunity, Employment Discrimination, Employment Retaliation
J. McAvoy dismisses a deputy sheriff’s employment discrimination and retaliation complaint alleging the Madison County sheriff’s department denied his request for accommodation after disclosing he suffered from epileptic seizures, and following his decision to file a complaint regarding the treatment, his supervisors became actively hostile towards him, resulting in his termination from the force. The deputy sheriff fails to show how he could perform the essential duties of his position given his disability.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: September 27, 2023, Case #: 5:22cv1111, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
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J. McAvoy dismisses an inmate's remaining due process claims alleging a group of New York State parole officers submitted perjured testimony at his parole hearing, which resulted in his parole being revoked and his subsequent return to jail. Despite his arguments to the contrary, the inmate's claims attempt to invalidate his conviction or the parole board's decision to revoke his parole, which is prohibited under Section 1983.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: September 19, 2023, Case #: 5:21cv1098, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Police Misconduct, Prisoners' Rights
J. McAvoy denies the NRA's motion to lift the court's stay and compel discovery on its remaining claims against former Gov. Andrew Cuomo, in his individual capacity, alleging free speech violations. It would not be prudent to advance litigation at this stage until the court has issued a ruling on the former governor's motion for judgment on the pleadings, which he argues has a high chance of success following a similar ruling dismissing claims against Maria Vullo, the former head of New York State's Department of Financial Services on the basis of governmental immunity.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: September 15, 2023, Case #: 1:18cv566, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Discovery, First Amendment
J. McAvoy enters judgment in favor of the title insurance provider on a claim that it had an obligation to provide coverage to an insured for an underlying complaint regarding a property dispute concerning an inn property in Catskill, NY, finding the insurance policy expressly excludes coverage related to defects, liens, encumbrances and other similar matters.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: September 5, 2023, Case #: 1:22cv803, NOS: Insurance - Contract, Categories: Insurance
J. McAvot dismisses a certified surgical technician’s employment discrimination complaint alleging it revoked her religious exemption from its Covid-19 vaccine mandate and then fired her after she refused to get vaccinated. As per the Second Circuit’s findings in We the Patriots v. Hochul, an employer is not required to provide an accommodation if it creates an undue hardship, and such a decision does not violate state and federal religious rights laws.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: August 8, 2023, Case #: 5:22cv1153, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination
J. McAvoy finds in favor of State Farm on two insureds’ claims for denial of coverage of losses a fired caused to their rental property. The insurer was in its right to disclaim coverage after it was discovered during an investigation of the fire that the insured sent a letter to an individual and offered him $5,000 to set the property on fire and subsequently lied about the circumstances of the letter to insurance investigators.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: July 12, 2023, Case #: 5:21cv457, NOS: Insurance - Contract, Categories: Fraud, Insurance
J. McAvoy rules on Syracuse University’s motion to dismiss a former student’s five-count Title IX gender discrimination lawsuit alleging the university discriminated against him on the basis of his gender when it found him guilty of sexually assaulting a female student and expelled him. The court dismisses his breach of contract and selective enforcement claims under Title IX and state law, while it preserves his Title IX gender-based erroneous outcome and state law breach of conduct claims, finding that he provided sufficient allegations that show the university acted with discriminatory intent when it sided with the female accuser over the male accused in an effort to refute public criticisms of how it handled claims of sexual abuse on its campus.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: June 21, 2023, Case #: 5:22cv644, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Contract