16 results for 'judge:"Skretny "'.
J. Skretny partially declines to dismiss the complaint alleging that the holding company failed to properly make earn-out payments by failing to refer business to the video distribution company owners. The owners plausibly allege that the inventory-reserve promises were enforceable, the claims are not limited to merely accounting processes, and the owners have sufficiently shown the memorandum of understanding between the parties that related to a third party is unenforceable.
Court: USDC Western District of New York, Judge: Skretny , Filed On: March 20, 2024, Case #: 1:22cv518, NOS: Other Contract - Contract, Categories: Contract
J. Skretny rules in part for city and police officials in claims contending officers wrongfully shot plaintiff during a traffic stop and that ambulance crew failed to render proper first aid. Some claims were withdrawn, and evidence does not demonstrate officers targeted plaintiff solely due to his ethnicity. Meanwhile, claims contending officers had been poorly trained were conclusory. However, whether plaintiff injured an officer during the stop by shooting at him must be proven in court.
Court: USDC Western District of New York, Judge: Skretny , Filed On: September 5, 2023, Case #: 1:17cv937, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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J. Skretny rules partially in favor of the company, which allegedly fired the transgender employee after she urinated in a rail yard even though non-transgender employees were not similarly disciplined. The employee has not shown that her gender dysphoria qualifies as a disability because she has not shown that emotional distress limits her functioning, but the proximity of a restroom on the day when the employee urinated outside is a question of fact.
Court: USDC Western District of New York, Judge: Skretny , Filed On: August 1, 2023, Case #: 1:20cv184, NOS: Employment - Civil Rights, Categories: Employment
J. Skretny finds for the city in claims contending action had not been taken after a senior services aide filed a report upon finding a box containing her initials and a racial slur upon it, and after a male client committed sexual assault. She also contends she had been denied opportunities to receive overtime and that pay statements had been delayed. The aide did not establish the existence of a hostile work environment since she reported only a single racial incident, and the client had been barred from the senior center following the assault.
Court: USDC Western District of New York, Judge: Skretny , Filed On: July 27, 2023, Case #: 1:19cv1536, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Skretny allows plaintiff to continue claims contending a company demoted an employee due to her sex, age, and Kenyan origin because while the employee abandoned certain claims, she also alleged younger employees had been promoted based on different criteria or due to their being male.
Court: USDC Western District of New York, Judge: Skretny , Filed On: July 19, 2023, Case #: 1:22cv721, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Skretny allows a nun who served at a college as professor and archivist to continue claims contending she had been fired due to her religion. However, evidence did not indicate she suffered age discrimination even though the college retained four employees in their 30's since the nun had been fired due to plummeting student enrollment. At the same time, invoking student enrollment as the reason for firing her as an archivist was pretextual.
Court: USDC Western District of New York, Judge: Skretny , Filed On: June 26, 2023, Case #: 1:20cv22, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Skretny finds for the IRS in claims contending an employee had been denied accommodations for irritable bowel syndrome and Crohn's Disease and was ultimately fired because the employee failed to counter the IRS's contention that the employee had been fired for attendance issues. Meanwhile, the employee had been denied full-time telework accommodations before the Covid-19 pandemic struck, and thus that refusal is not comparable to the current matter.
Court: USDC Western District of New York, Judge: Skretny , Filed On: May 25, 2023, Case #: 1:20cv951, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment