34 results for 'judge:"Ramos"'.
J. Ramos partially denies the defendant manufacturer's motion to dismiss breach of contract claims stemming from a contract to package the plaintiff manufacturer's infant formula product. The plaintiff sufficiently alleges that defendant breached the express terms of the agreement, by refusing to package the product during the 2022 national infant formula shortage. However, plaintiff does not adequately claim that the packager's conduct was intended to harm the manufacturer in order to promote its own formula product.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: April 2, 2024, Case #: 1:23cv8, NOS: Other Contract - Contract, Categories: Contract
J. Ramos grants the Chinese garment manufacturer's motion to exclude experts in a suit to hold defendants liable for an unsatisfied judgment against an American clothing seller. The defense expert did not review relevant parts of the record, so his report is inadequate to support the conclusions reached. Further, there is sufficient support for the manufacturer to proceed on its alter ego claims arguing that defendants are liable for the money judgment.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: March 25, 2024, Case #: 1:21cv7326, NOS: Other Contract - Contract, Categories: Corporations, Enforcement Of Judgments, Experts
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J. Ramos grants the company's motion to dismiss a securities fraud class action alleging it made false and misleading statements about its franchise model and plan to build a new company headquarters. A 2022 investigative report claiming that a majority of the company's stores were actually direct-owned and not franchised does not prove that the statements made in 2020 were false. Further, the company did not mislead investors regarding its plan to use IPO funds to purchase land for a new headquarters, and was not required to announce future transactions that were still subject to change.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: February 23, 2024, Case #: 1:22cv9864, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Ramos grants the government a preliminary injunction to bar the proposed acquisition of DeepIntent by IQVIA. The government has carried its burden of showing that the merger will substantially lessen competition in the field of programmatic advertising to health care professionals by merging DeepIntent with Lasso, a division of IQVIA, which are two of three leading firms in the industry.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: January 8, 2024, Case #: 1:23cv6188, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care
J. Ramos grants the juice maker's motion to dismiss a consumer action alleging that its pomegranate juice product, POM Wonderful, misleads consumers because it claims to have "all natural" ingredients but contains synthetic chemicals. The consumer cannot show that any bottles of the product the consumer specifically purchased was adulterated with harmful per- and polyfluoroalkyl substances. Although the consumer tested the product, it was not the particular bottle she consumed.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: December 29, 2023, Case #: 1:23cv1242, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Ramos denies the defendant mortgage loan business's motion to dismiss breach of contract claims stemming from a business line of credit extended by the plaintiff financier on which it defaulted, owing $10 million in principal plus $720,000 in interest. The contract between the parties detailing the terms of the credit line is valid, and the lender proved that the business failed to pay its outstanding debt for more than six months.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: November 9, 2023, Case #: 1:22cv10084, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Ramos denies the bank's motion for reconsideration of the court's prior decision declining to dismiss charges that it aided and abetted al-Qaeda by providing banking services to a Pakistani fertilizer company that purportedly supplied materials to make improvised explosive devices that killed U.S. service members in Afghanistan. The bank was specifically warned by the U.S. government that it was helping its client aide terrorists, but specifically structured a loan for the client to increase its client's production capacity.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: October 27, 2023, Case #: 1:22cv3320, NOS: Other Statutory Actions - Other Suits, Categories: Terrorism, Banking / Lending
J. Ramos finds that the landlord's 2015 minimum income policy for all prospective renters requiring an annual income of at least 43 times their total monthly rent violates the Fair Housing Act. The landlord's 2019 amendment to its policy requiring renters with a subsidy to earn just 40 times the rent in income is also illegal, as it still discriminates against people with disabilities and low-income renters. The landlord must pay $750,000 in punitive damages.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: September 29, 2023, Case #: 1:18cv1564, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Housing
J. Ramos grants the American charitable foundation's motion to dismiss the Israeli academic body's action seeking to compel the foundation to turn over charitable donations it allegedly received on the academy's behalf but never turned over. The academy does not have standing based on a "special interest" in funds held by the foundation, nor as a donor to the foundation. Rather, the attorney general is the appropriate plaintiff to enforce the rights of beneficiaries such as the academy.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: August 25, 2023, Case #: 1:22cv4810, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Ramos grants actor Alec Baldwin's motion to dismiss defamation claims stemming from his outing of a woman as a participant in the January 3, 2022 riot at the Capitol. The actor discovered her involvement in the protest after he donated money to her sister-in-law on behalf of her brother killed by a suicide bomber in Kabul. After he made an Instagram post expressing his disappointment, she received a number of hateful messages from his followers. However, the actor cannot be held liable for his followers' messages and his own post did not contain any false information.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: August 22, 2023, Case #: 1:22cv7328, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Defamation, Emotional Distress
J. Ramos grants the Pennsylvania-based attorney's motion to dismiss breach of contract claims stemming from his position as an intermediary hired to negotiate a retainer between the law firm and a corporate client, and to manage communications between the two regarding shareholder litigation. The court has jurisdiction over the attorney due to his work in New York, but the law firm fails to state a claim against him in its suit seeking unpaid legal fees from the client.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: August 14, 2023, Case #: 1:22cv6351, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract