19 results for 'judge:"Oetken"'.
J. Oetken denies the property owner's motion for summary judgment in a personal injury action brought by an employee who was injured while installing internet service at a property. The property owner was responsible for the condition of the premises, and there is no evidence that the internet service provider caused the falling bricks that led to employee's injury.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: March 25, 2024, Case #: 1:22cv1154, NOS: Insurance - Contract, Categories: Tort
J. Oetken partially denies the employer's motion to dismiss a trader's claims he was fired after repeatedly reporting illegal trading using the bank's proprietary account information of pending client orders to make unrelated stock trades. The trader failed to exhaust his administrative remedies for his promotion, suspension, and bonus claims. However, he may pursue his whistleblower and employment retaliation claims, as the trader plausibly alleges his protected activity was a contributing factor to his termination.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: March 18, 2024, Case #: 1:22cv8621, NOS: Employment - Civil Rights, Categories: Whistleblowers, Employment Retaliation
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J. Oetken denies both parties' motions for summary judgment in a breach of contract suit stemming from a refrigerant product maker's $2.7 million order from a refrigerant supplier. Neither party presented arguments as to whether the contract at issue is a single delivery contract or an installment contract, which will determine the relevant standard for breach.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: February 12, 2024, Case #: 1:21cv297, NOS: Other Contract - Contract, Categories: Contract
J. Oetken finds for the lender seeking enforcement of a loan guaranty on a $64 million loan secured by a 158-acre property in Austin, Texas. The guarantor failed to raise his defenses in his answer to the complaint, so he is barred from asserting them in his opposition to a motion for summary judgment. Further, there is no merit to his claim that the foreclosure sale of the property was "rigged."
Court: USDC Southern District of New York, Judge: Oetken, Filed On: January 29, 2024, Case #: 1:19cv8540, NOS: Other Contract - Contract, Categories: Banking / Lending, Foreclosure
J. Oetken partially grants the New York Times' motion for summary judgment with respect to the FBI's claimed FOIA exemption for a document responsive to the newspaper's request for a copy of the FBI's analysis of the phenomenon known as "Havana Syndrome." While the report does contain descriptions of techniques whose disclosure could risk circumvention of the law, the FBI has applied the exemption to shield other techniques already known to the public. The FBI must produce a copy of the report with redactions consistent with this opinion.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: January 29, 2024, Case #: 1:22cv3590, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record
J. Oetken grants the rapper Ginwuine's motion to dismiss copyright claims filed by the co-author of a soul single "Help Me Put Out The Flame (In My Heart)", alleging that the rapper used the introduction to his song in two songs "Paper Chase," and "Toe 2 Toe." The three-bar guitar riff is substantially similar to prior works in the public domain, and subtle rhythmic differences are not enough to merit copyright protection.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: September 25, 2023, Case #: 1:20cv3535, NOS: Copyrights - Property Rights, Categories: Copyright
J. Oetken finds in favor of an employer in this matter of employment discrimination and retaliation. A former employee claims she was the subject of employment discrimination and retaliation when she was terminated from her position as a fitness instructor at a gym. The employee failed to present sufficient evidence to support her claims, and the employer had a legitimate non-discriminatory reason for terminating her employment, as she violated the company’s workplace non-violence policy when she engaged in an altercation with custodial personnel who ordered her to leave the showers after it was announced that they had closed. The employer’s motion for summary judgment is granted.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: September 20, 2023, Case #: 1:20cv3306, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Oeken grants in part Starbucks' motion to dismiss in this matter concerning alleged product misrepresentation and unjust enrichment. Consumers in New York and California complain they purchased sprouted grain bagels from Starbucks believing that they were made either entirely with sprouted grain or that sprouted grain was the primary grain ingredient, but it was not. Though they are labeled sprouted grain bagels, the primary grain ingredient is non-sprouted grain. Starbucks' motion to dismiss unjust enrichment claims under New York law is granted, but all other motions to dismiss are denied.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: September 12, 2023, Case #: 1:22cv10932, NOS: Other - Forfeiture/Penalty, Categories: Consumer Law, False Advertising
J. Oetken dismisses a pro se woman's claim that the New York Times defamed her in an article titled "A Vast Web of Vengeance" by describing her as a mentally ill woman who made anonymous internet posts accusing those who have slighted her of pedophilia, fraud, and other offenses. The articles clearly reported on the Canadian judicial proceedings against the woman. Even if these charges were withdrawn after the article was published, that does not retroactively render The Time's coverage defamatory.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: September 5, 2023, Case #: 1:22cv853, NOS: Other Civil Rights - Civil Rights, Categories: Defamation
J. Oetken grants the insurer's motion for a declaratory judgment stating that it is not responsible to pay for the insured's losses because it failed to disclose known building code violations at the property on its application. The insurer did not waive its right to rescind the policy in the event of a material misrepresentation by the insured, as internal emails show the insurer was unaware of the code violations until May 2020.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: August 29, 2023, Case #: 1:22cv2025, NOS: Insurance - Contract, Categories: Insurance, Contract