41 results for 'judge:"Talwani"'.
J. Talwani denies a short story writer’s motion for attorney fees of $343,600 and $9,074 in costs in a lawsuit she brings against a kidney donor who accused the writer of plagiarism after the writer used pieces of a letter the donor wrote to the kidney recipient in a short story. The donor’s counterclaims against the writer are not objectively weak, as she objectively owns the letter she wrote to the kidney recipient and she was not trying to extend her copyright protection much beyond what is legally allowed.
Court: USDC Massachusetts, Judge: Talwani, Filed On: August 14, 2024, Case #: 1:19cv10203, NOS: Copyrights - Property Rights, Categories: Copyright, Defamation, Attorney Fees
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J. Talwani grants a boat repairer’s motion to dismiss claims brought against it by a ship owner whose boat exploded after being repaired by the company, damaging “eight buildings, 47 motor vehicles, at least three houses, 28 boats, along with other machinery, equipment and property stored in the Mattapoisett Boatyard.” The explosion occurred several weeks after the repairer made repairs to the boat and, while the explosion occurred in Massachusetts, the repairs did not, so Massachusetts lacks jurisdiction.
Court: USDC Massachusetts, Judge: Talwani, Filed On: August 9, 2024, Case #: 1:22cv11833, NOS: Marine - Contract, Categories: Maritime, Damages, Jurisdiction
J. Talwani grants a parking app company and a business management company’s motion for an order compelling a man who a judgment was issued against to provide supplemental discovery, to include the companies’ counsel on any communication with the trustee of his mother’s estate about the estate, a disclaimer of inheritance and its retraction, not to transfer to others “gifts, inheritances, legacies, bequests or other transfers of property” to the companies from any source, and not to encumber or disclaim interests in his assets or inheritance. The motion aids in enforcing the court’s judgment.
Court: USDC Massachusetts, Judge: Talwani, Filed On: July 30, 2024, Case #: 1:20cv10926, NOS: Trademark - Property Rights, Categories: Trusts, Enforcement Of Judgments, Discovery
J. Talwani denies a private equity firm's motion for judgment on the pleadings in a civil action where it is being sued by a funeral services company for alleged fraud, negligent misrepresentation, unjust enrichment and violation of the Uniform Fraudulent Transfer Act after its subsidiaries made false statements in a stock purchase agreement. The equity firm “is incorrect that Rule 9 holds plaintiffs to a heightened pleading standard for the
knowledge and intent elements of fraud.”
Court: USDC Massachusetts, Judge: Talwani, Filed On: July 23, 2024, Case #: 1:23cv10684, NOS: Other Fraud - Torts - Personal Property, Categories: Corporations, Fraud
[Consolidated.] J. Talwani grants a health care organization’s motion for summary judgment against a provider of education and auditing services suing it for unilaterally terminating its contract with it upon the onset of the Covid-19 pandemic. The Covid-19 pandemic and the New York State Department of Health’s response to it were not caused by the health care organization, so its termination of the contract falls under the doctrine of impracticability.
Court: USDC Massachusetts, Judge: Talwani, Filed On: July 18, 2024, Case #: 1:20cv12135, NOS: Other Contract - Contract, Categories: Health Care, Covid-19, Contract
J. Talwani grants in part a former company president’s motion for judgment as a matter of law against his former company, which successfully sued him for breach of fiduciary duty, breach of contract, misappropriation of trade secrets, trademark infringement and false designation. There wasn’t enough substantial evidence before the jury to determine that the former president improperly obtained meeting minutes from the company.
Court: USDC Massachusetts, Judge: Talwani, Filed On: April 19, 2024, Case #: 1:20cv10926, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark, Fiduciary Duty
J. Talwani denies a real estate services company’s motion to transfer a class action brought against it by former employees to the Eastern District of Michigan, or to dismiss the claims of any members of the class not from Michigan. The forum selection clause of the company’s severance agreement only applies to claims related to the severance agreement, not to state laws regarding proper overtime pay.
Court: USDC Massachusetts, Judge: Talwani, Filed On: April 12, 2024, Case #: 1:23cv11639, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Workers' Compensation, Labor
J. Talwani denies an employer’s motion for summary judgment against its former employee’s retaliation claims. A reasonable jury could find the employee was fired under false pretenses, rather than placed on a performance improvement plan, as retaliation for making a False Claims Act complaint.
Court: USDC Massachusetts, Judge: Talwani, Filed On: April 10, 2024, Case #: 1:11cv10790, NOS: Other Statutory Actions - Other Suits, Categories: Employment, False Claims, Whistleblowers
J. Talwani grants an employee’s cross-motion for summary judgment against her former employers, who are suing her for allegedly breaching non-compete, confidentiality and other agreements she made with them. The parties are under Chinese law, under which only senior personnel are bound by non-compete agreements.
Court: USDC Massachusetts, Judge: Talwani, Filed On: March 31, 2024, Case #: 1:20cv11711, NOS: Other Contract - Contract, Categories: Employment, Unfair Competition, Contract
J. Talwani denies in part an employer’s partial motion to dismiss claims brought against it by a former employee. While the employee fails to sufficiently allege that he was an employee under the terms of the Massachusetts Wage Act in August 2022, he sufficiently supports his claim related to a $100,000 non-discretionary bonus at this stage.
Court: USDC Massachusetts, Judge: Talwani, Filed On: March 29, 2024, Case #: 1:22cv12051, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Business Practices, Workers' Compensation
J. Talwani grants in part a minor student’s motion for summary judgment to overturn a hearing officer’s decision and order his public school district to place him in an integrated residential school. The student’s parents were unable to challenge the school district’s decision to keep the student at the New England Adolescent Research Institute in their hearing request because they weren’t told about the school’s decision until the hearing.
Court: USDC Massachusetts, Judge: Talwani, Filed On: February 1, 2024, Case #: 3:22cv10267, NOS: Education - Civil Rights, Categories: Ada / Rehabilitation Act, Education