21 results for 'judge:"Roman"'.
J. Roman finds for the city on an employee's claims she was fired for advocating for anti-racist policies. In the employee's capacity as city planner, she repeatedly attempted to include language to encourage the identification of "anti-racist" strategies for fair housing and economic development, but her supervisor repeatedly removed the word "anti-racist" on the basis that it would alienate some members of the community. The evidence overwhelmingly shows that the employee's speech was made pursuant to her job as a city planner, so it is not protected by the First Amendment.
Court: USDC Southern District of New York, Judge: Roman, Filed On: April 10, 2024, Case #: 7:21cv4009, NOS: Employment - Civil Rights, Categories: Employment Retaliation, First Amendment
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Roman grants a vehicle manufacturer’s motion to dismiss. A consumer brought suit against the manufacturer of 2022 Ram 1500, Ram 2500 and Ram 3500 Chassis Cab Vehicles with gross vehicle weight rating of less than 10,000 pounds. The consumer argues the vehicles were built with a defective rearview camera system that causes them to function intermittently or completely fail, and as a result the vehicles have diminished value and decreased performance. But the court finds the consumer suffered no injury in this matter as the manufacturer voluntarily participated in a recall for the issue, administered by the National Highway Traffic Safety Administration, so that any consumer with that vehicle could have the issue resolved completely at no cost. Dismissed.
Court: USDC Southern District of New York, Judge: Roman, Filed On: April 8, 2024, Case #: 22cv9993, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Warranty
J. Roman finds for the school district on a student's defamation and civil rights claims stemming from his five-day suspension for posting a photo of himself in a parking lot while his friend knelt above him with the caption "Cops got another" one day before the jury returned a verdict in Derek Chauvin's trial for the murder of George Floyd. The student received death threats after posting the photo, which was decried as racist, and the incident was a substantial disruption to the school, sparking a student demonstration and a school assembly. The district has an interest in maintaining order within its schools and therefore did not infringe on the student's free speech rights by disciplining him.
Court: USDC Southern District of New York, Judge: Roman, Filed On: April 5, 2024, Case #: 7:21cv6008, NOS: Other Civil Rights - Civil Rights, Categories: Education, Defamation, First Amendment
J. Roman partially denies the construction firm's motion to dismiss wage and hour claims stemming from its failure to pay a senior level employee overtime and his promised bonuses. The employee is exempt from overtime because he is a highly paid administrative professional making $130,000 salary, but he has a plausible breach of contract claim over his expected, but unpaid, bonuses.
Court: USDC Southern District of New York, Judge: Roman, Filed On: March 8, 2024, Case #: 7:23cv975, NOS: Fair Labor Standards Act - Labor, Categories: Employment
J. Roman grants the county's motion to dismiss due process and malicious prosecution claims filed by a prison guard who was accused of fraud after she applied for disability benefits based on a slip-and-fall on the job, but failed to disclose to the medical examiner that she regularly rode horses in local barrel racing competitions. The guard cannot show a special injury resulting from the county's pursuit of its fraud claims or that she was denied due process in any cognizable property interest.
Court: USDC Southern District of New York, Judge: Roman, Filed On: February 15, 2024, Case #: 7:19cv8931, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Due Process
J. Roman finds the district court erred when they declined to merge the defendant’s careless driving convictions. The defendant caused a single car crash killing the two passengers, “the prosecution charged him with two counts of vehicular homicide — reckless, two counts of criminally negligent homicide, and two counts of careless driving.” Careless driving relates to the manner of driving, not the number of victims harmed. Reversed.
Court: Colorado Court Of Appeals, Judge: Roman, Filed On: October 19, 2023, Case #: 2023COA97, Categories: Criminal Procedure, Vehicular Homicide, Criminal Negligence
J. Roman finds the lower court properly dismissed the injured driver's complaint against the insurer as barred by a 1-year statute of limitations. The complaint sought a penalty for the company's failure to disclose policy records of the other driver involved in the car accident and, therefore, the filing time limit began to accrue the day after the 30-day period during which the insurer was required to produce the documentation. Affirmed.
Court: Colorado Court Of Appeals, Judge: Roman, Filed On: September 7, 2023, Case #: 2023COA77, Categories: Civil Procedure, Insurance