26 results for 'judge:"Wolford "'.
J. Wolford dismisses some claims in the police officer's complaint alleging that he was discriminated against and forced to resign after he identified other officers who were violating penal law and was told by coworkers to "keep his mouth shut." The officer fails to cite language in the collective bargaining agreement that gives individual employees obligations to enforce any issue against the union, and there is no proof the union is a state actor or was engaged in joint activity with the city. However, it is not yet clear whether a settlement agreement bars the officer's claims against the city.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 19, 2024, Case #: 6:23cv6147, NOS: Employment - Civil Rights, Categories: Employment, Labor / Unions
J. Wolford dismisses a complaint alleging that CVS's hand sanitizer falsely claims to kill 99.99% of germs. It would not be reasonable for a consumer to expect the hand sanitizer to kill disease-causing germs not frequently found on hands. Furthermore, the back label of the product "makes clear that the product kills 'more than 99.99% of many common germs that cause illness,'" not all disease-causing germs.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 15, 2024, Case #: 6:22cv6227, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, False Advertising
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J. Wolford dismisses claims contending the state wrongfully required Amish schoolchildren to receive vaccines against religious objections and issued non-compliance orders against Amish private schools because evidence does not indicate the state education commissioner had or will have any role in enforcing state public health laws. Meanwhile, the laws at issue do not contain hostility toward religious beliefs, and the fact that the state has not accomplished complete compliance among all students does not mean the law is not generally applicable.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 11, 2024, Case #: 1:23cv484, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Wolford dismisses most counts in claims challenging the decision to allow a teacher to return to middle school after he asked an eighth-grader who had called something "gay" during class, "How would you like it if I called you a nigger?" Liability had not been asserted against the village, town, or city, and evidence did not indicate the teacher's comments were part of a wider pattern of misconduct. Meanwhile, the student failed to address the school district's opposition to due process claims.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 7, 2024, Case #: 6:22cv6567, NOS: Education - Civil Rights, Categories: Education, Negligence, Due Process
J. Wolford allows plaintiff to continue amended claims contending customs and border protection wrongfully revoked a Canadian attorney's membership in the "trusted traveler program," falsely arrested him, and withheld agency records. The agency's discretion is not beyond review under the Administrative Procedure Act, and the attorney plausibly alleged he had been aggrieved by being disqualified from the program. However, the attorney failed to properly name individual customs officers in constitutional claims.
Court: USDC Western District of New York, Judge: Wolford , Filed On: February 21, 2024, Case #: 1:23cv257, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Civil Rights, Immigration, Public Record
J. Wolford rules in part against a school district accused of placing an assistant principal on administrative leave and forcing her into retirement based on her age, as well as testimony contending witnesses observed elementary school students sitting on the head principal's lap. The assistant principal contends she was barred from school premises and activities while on leave, that the school tried to rescind her license, and that she had been threatened with legal action. However, the assistant principal decided to transfer to another assignment despite repeated inquiries into her retirement, and her salary and benefits were not reduced.
Court: USDC Western District of New York, Judge: Wolford , Filed On: February 16, 2024, Case #: 6:23cv6308, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination
[Redacted.] J. Wolford declines to certify class claims contending companies repeatedly sent out nearly identical price increase announcements for caustic soda. The expert's regression model is not methodologically sound since the expert did not review individual contracts, and the model makes several assumptions, including that failing to properly classify certain contracts would have a minimal effect on the results. Meanwhile, the model fails to include a reliable proxy for global demand for the soda.
Court: USDC Western District of New York, Judge: Wolford , Filed On: December 28, 2023, Case #: 1:19cv385, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Wolford finds for a professional photographer in claims contending a media company used his copyrighted photo of New York State officials without permission because the photographer submitted the copyright registration, and the image on the company's website is identical to the registered photo. Meanwhile, the company failed to respond to the complaint.
Court: USDC Western District of New York, Judge: Wolford , Filed On: December 15, 2023, Case #: 6:23cv6094, NOS: Copyrights - Property Rights, Categories: Copyright
J. Wolford temporarily stays claims contending plaintiff was injured after a vehicle being driven by an employee of Trion Solutions collided with plaintiff's vehicle, which caused both cars to crash into a tractor-trailer, because the case had been timely removed.
Court: USDC Western District of New York, Judge: Wolford , Filed On: November 20, 2023, Case #: 1:23cv574, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Insurance, Negligence
J. Wolford allows an employee to continue certain claims contending a company and its executives made false representations about prevailing wage requirements on a city project, and fired the employee for raising objections. The court assumes the company requested payment from the city, which would fall under the false claims act, but evidence did not indicate the request contained material misrepresentations. However, the employee may have been terminated for engaging in protected activity.
Court: USDC Western District of New York, Judge: Wolford , Filed On: September 19, 2023, Case #: 6:20cv6167, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims, Employment Retaliation
J. Wolford dismisses claims contending restaurants were wrongfully denied grants under the restaurant revitalization fund during the Covid-19 pandemic because the restaurants were not ahead of others during the priority period, and funding ran out before the lawsuit commenced. Further, the lawsuit does not seek an injunction affecting any future action, and proposed amendments would be futile absent viable damages against the fund administrator.
Court: USDC Western District of New York, Judge: Wolford , Filed On: June 27, 2023, Case #: 6:22cv6337, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Agency