11 results for 'judge:"Swain"'.
J. Swain partially denies class claims stemming from a lender's imposition of force placed insurance on a property under a reverse mortgage. The lender admitted it had wrongfully charged the property owner for the force placed insurance, but did not credit back the related fees and interest charged to her. The homeowner adequately states a claim for violations of the Real Estate Settlement Procedures Act for the lender's failure to terminate the force-placed insurance within 15 days of written notice and proof of insurance.
Court: USDC Southern District of New York, Judge: Swain, Filed On: March 27, 2024, Case #: 1:20cv9281, NOS: Other Statutory Actions - Other Suits, Categories: Insurance, Real Estate, Class Action
J. Swain dismisses fraud claims against Wyndham Hotels stemming from alleged predatory tactics that induced elderly citizens to buy timeshare ownership interests. After buying the shares, the citizens found the properties unavailable on requested dates and were told they needed to pay more to upgrade their seniority. However, the claims against the hotel chain are subject to mandatory arbitration pursuant to the retail installment contract, so the complaint is dismissed for lack of jurisdiction.
Court: USDC Southern District of New York, Judge: Swain, Filed On: February 12, 2024, Case #: 1:22cv9700, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, Consumer Law
J. Swain dismisses the contract and unfair business practices claims brought against a battery manufacturer by a man who sold his lithium-ion technology business to the manufacturer, then was brought on to oversee it as an employee. He says his division was underserved and poorly integrated, and that he was pressured to resign, then not paid an acceleration payment or severance pay and other things allegedly guaranteed by his employment agreement. Because his resignation was not evidently “mutually agreed” upon, per the contract, he is not entitled to relief.
Court: USDC Southern District of New York, Judge: Swain, Filed On: January 31, 2024, Case #: 1:22cv1893, NOS: Other Contract - Contract, Categories: Employment, Business Practices, Contract
J. Swain grants the defendant man's motion to dismiss copyright claims stemming from his registration of a screenplay called "Wonderland: The Equality State" about the work of brothel madams supporting women's suffrage rights in Wyoming. The plaintiff writers have no sufficiently alleged that they are the sole authors of the script, as they acknowledge defendant made contributions to the work.
Court: USDC Southern District of New York, Judge: Swain, Filed On: January 2, 2024, Case #: 1:21cv8528, NOS: Copyrights - Property Rights, Categories: Copyright
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J. Swain finds for the defendant company in a fraud suit stemming from its alleged misrepresentations regarding ownership of the "Wings" mark, used in the sale of beachwear, in an underlying trademark action. The record shows the company did not thwart any efforts by the plaintiff to contest ownership, but simply chose not to explore the issue.
Court: USDC Southern District of New York, Judge: Swain, Filed On: August 28, 2023, Case #: 1:22cv8459, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Trademark