Borges v. The Heldrich Hotel and Spa et al

Justia Dockets & Filings Second Circuit New York Eastern District Borges v. The Heldrich Hotel and Spa et al

Borges v. The Heldrich Hotel and Spa et al

Case Number:	1:2009cv04830
Filed:	November 5, 2009
Court:	US District Court for the Eastern District of New York
Office:	P.I.: Other Office
Presiding Judge:	Nicholas G. Garaufis
Presiding Judge:	Viktor V. Pohorelsky
Nature of Suit:	Defendant
Cause of Action:	Diversity
Jury Demanded By:	28:1332 Diversity-Notice of Removal

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
February 25, 2013	Filing 90 MEMORANDUM AND ORDER: The Court hereby orders that Plaintiff's New York Labor Law causes of action are dismissed. In addition, the Court dismisses as moot Defendants' motion in Limine to Dismiss Pl.'s Causes of Action Premised on N.Y. Labor Law. Ordered by Judge William F. Kuntz, II on 2/25/2013. (Brucella, Michelle)
August 30, 2012	Filing 83 MEMORANDUM AND ORDER: Federal trial courts sitting in diversity must apply the choice of law principles of the forum state to determine which law to apply. In this action, Plaintiff is a New York domiciliary, Defendant Heidrich is a New Jersey domic iliary, and Defendant BMC is a Texas domiciliary. Under the principles set forth by the Court of Appeals of New York in Neumeier, New Jersey law applies as between Plaintiff and both Defendants to all loss-allocating issues. Plaintiff has not demon strated why this Court should contemplate applying anything but New Jersey law, the location to which all parties purposely availed themselves and in which the alleged tort occurred. Further, Plaintiff has not provided any convincing reason why New Jersey law should not apply to all conduct-regulating issues. New Jersey has a paramount interest in regulating behavior within its borders. Therefore, this Court holds that New Jersey law applies to all loss-allocation and conduct-regulating issues. Ordered by Judge William F. Kuntz, II on 8/29/2012. (Brucella, Michelle)

Date Filed

Document Text

February 25, 2013

Filing 90 MEMORANDUM AND ORDER: The Court hereby orders that Plaintiff's New York Labor Law causes of action are dismissed. In addition, the Court dismisses as moot Defendants' motion in Limine to Dismiss Pl.'s Causes of Action Premised on N.Y. Labor Law. Ordered by Judge William F. Kuntz, II on 2/25/2013. (Brucella, Michelle)

August 30, 2012

Filing 83 MEMORANDUM AND ORDER: Federal trial courts sitting in diversity must apply the choice of law principles of the forum state to determine which law to apply. In this action, Plaintiff is a New York domiciliary, Defendant Heidrich is a New Jersey domic iliary, and Defendant BMC is a Texas domiciliary. Under the principles set forth by the Court of Appeals of New York in Neumeier, New Jersey law applies as between Plaintiff and both Defendants to all loss-allocating issues. Plaintiff has not demon strated why this Court should contemplate applying anything but New Jersey law, the location to which all parties purposely availed themselves and in which the alleged tort occurred. Further, Plaintiff has not provided any convincing reason why New Jersey law should not apply to all conduct-regulating issues. New Jersey has a paramount interest in regulating behavior within its borders. Therefore, this Court holds that New Jersey law applies to all loss-allocation and conduct-regulating issues. Ordered by Judge William F. Kuntz, II on 8/29/2012. (Brucella, Michelle)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Borges v. The Heldrich Hotel and Spa et al
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?