24 results for 'judge:"Rochon"'.
J. Rochon grants the investment firm founder's motion to lift the stay on his defamation suit against a former director over statements he made about the firm to the SEC. This action is not duplicative of the proceeding in Florida, so the director has not shown that lifting the stay of this action would impair his interests.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: April 15, 2024, Case #: 1:21cv10791, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Civil Procedure, Defamation
J. Rochon affirms a magistrate judge's order to transfer venue of this breach of contract suit to New Jersey. The plaintiff supermarket alleges the defendant supermarket used its influence as a member of a grocery co-op to induce the co-op to breach its agreement to supply the plaintiff supermarket with private-label groceries. The supply agreement contains a New Jersey choice-of-forum clause, and a non-signatory may enforce that agreement given that the co-op is an integral party to resolution of this dispute.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: April 11, 2024, Case #: 1:22cv7996, NOS: Other Contract - Contract, Categories: Interference With Contract, Venue, Contract
J. Rochon partially denies the corporate officers' motion to dismiss a securities class action alleging misrepresentations made in connection with a merger between a Cayman Islands shell company and a mobile app called Grab that operates in Southeast Asia, offering ride-hailing and food delivery services. Investors have sufficiently alleged that proxy statements discussing Grab's use of incentives in attracting drivers and consumers were misleading.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: March 12, 2024, Case #: 1:22cv2189, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Rochon grants the duck farms' motion to dismiss a lawsuit alleging they falsely market their foie gras to sustainability-focused restaurants in California despite California's ban on the sale of foie gras for animal cruelty reasons. The plaintiff restaurant has not plausibly alleged it suffered an injury from the diversion of its resources to education consumers about foie gras. Further, given the alleged consumer confusion due to the texture of foie gras, which is allegedly similar to plant-based foods, "resolving plaintiff’s purported problem would require changing the very nature of foie gras itself, not merely who sells it."
Court: USDC Southern District of New York, Judge: Rochon, Filed On: March 11, 2024, Case #: 1:15cv6624, NOS: Constitutionality of State Statutes - Other Suits, Categories: Business Practices
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J. Rochon finds for the employer in an employment discrimination suit filed by a Black employee. The employee failed to show his supervisor's behavior was so severe as to constitute a hostile work environment, and he cannot refute his supervisor's claim that a text saying "Thanks my N" to the employee was intended to read "Thanks my Man." Further, there is no evidence the employee was unfairly barred from a portion of the office where he needed to be, or that he was not allowed meal breaks.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: February 20, 2024, Case #: 1:21cv679, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Rochon grants the insurer's motion to dismiss a former CEO's claims that it breached the company's directors-and-officers policy by funding the CFO's settlement with the company's liquidation trustee and continuing to represent the CFO without the company's consent. The policy does not give each insured officer the right to block the settlement of another insured or to participate in the defense of any claim against every other insured.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: February 8, 2024, Case #: 1:23cv1488, NOS: Insurance - Contract, Categories: Corporations, Insurance, Contract
J. Rochon denies the lender's motion for judgment on the pleadings on claims it engaged in predatory lending, charging 345% interest on a loan of $400,000, plus five-figure service fees. The borrower has adequately alleged the agreements were loans rather than purchases of receivables, and the effective interest rates far exceed the limit in New York's usury law.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: January 19, 2024, Case #: 1:22cv2170, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Banking / Lending, Racketeering
J. Rochon partially grants the Amazon sellers' motion to dismiss copyright claims stemming from their sale of products that infringe on the company's patented design for an outdoor hanging exercise product. Several sellers did not literally infringe on the company's patent and were wrongfully enjoined from selling their competing product on Amazon and are entitled to recover a combined $18,000 in lost profits.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: January 2, 2024, Case #: 1:23cv2605, NOS: Patent - Property Rights, Categories: Copyright
J. Rochon denies Samsung's motion to dismiss claims alleging its Galaxy Z Fold3 smartphone with a foldable screen is not durable as advertised, but grants its motion to arbitrate as the phone user never opted out of the agreement. The arbitrator, not the court, must decide whether the arbitration agreement is unconscionable.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: November 14, 2023, Case #: 1:22cv10882, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Consumer Law, Class Action
J. Rochon denies the cleanroom manufacturer's motion to strike the purchaser's request for a jury trial in this contract dispute over a $2.6 million deal for the construction of two cleanrooms used for the construction of electronics. In addition, the manufacturer allegedly charged an additional $1 million to the company's credit card for purchases unrelated to the contract. The company may pursue an unjust enrichment claim separate from its breach of contract claim for these unauthorized credit card charges.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: November 9, 2023, Case #: 1:23cv2082, NOS: Other Contract - Contract, Categories: Negligence, Business Practices, Contract
J. Rochon denies the third-party seller's motion to vacate an arbitration award in favor of Amazon based on the e-commerce giant's withholding of $524,000 in payments due to the seller's violation of its policy regarding incentives for positive reviews. The arbitrator ultimately allowed Amazon to keep $100,000 of the funds as a penalty for the company's policy violation and based on evidence that the company used a false identity to mask its true owners. There is no public policy ground to vacate the award, and the damages are reasonable given the difficulty in quantifying the impact to Amazon's brand and reputation.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: November 7, 2023, Case #: 1:23cv3334, NOS: Arbitration - Other Suits, Categories: Arbitration, Business Practices, Contract
J. Rochon partially denies the magazine owner's motion to dismiss the former editor-in-chief's sex, age, and religious discrimination claims. The owner allegedly mocked the editor's clothes as being "standard Mormon attire" and made discriminatory comments about her Mormon faith. Further, the owner allegedly fired her on the cusp of the Covid-19 pandemic, knowing that she was a single mother, and would need to work from home to care for her children.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: August 21, 2023, Case #: 1:22cv6431, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Rochon grants the NBA's motion to dismiss a putative class action alleging that the association violated the Video Privacy Protection Act by sharing his personal viewing information with Facebook without his knowledge or consent. The basketball fan does not plausibly allege he became a video service subscriber by signing up for NBA.com's newsletter or signing on to the NBA app. Viewing videos on the NBA's website or app does not require a viewer to be a subscriber or have an account.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: August 7, 2023, Case #: 1:22cv7935, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action, Technology