43 results for 'judge:"Talwani"'.
J. Talwani finds in favor of the employer in its former employee's lawsuit alleging that it violated the Massachusetts Wage Act and her employment contract through a windfall provision that reduced her earned sales commission. The windfall clause in the former employee's contract was not ambiguous and, in fact, defined a quantifiable way of measuring when a windfall is appropriate.
Court: USDC Massachusetts, Judge: Talwani, Filed On: September 15, 2023, Case #: 1:20cv10241, NOS: Other Labor Litigation - Labor, Categories: Employment, Contract
J. Talwani issues a mixed ruling in a lawsuit stemming from a writer's short story about a kidney donor who is not happy to receive a letter from her living donor. A kidney donor who shared a similar letter with the writer told publishers and journalists that the writer plagiarized her letter. The writer is entitled to a declaration that she owns the copyright to her short story. Although the story copied parts of the donor's letter, the story's version of the letter, in combination with the rest of the short story, makes transformative use of the letter for an entirely new purpose than the original letter served. However, the writer's defamation claim fails because it was not defamatory for the donor to assert that the writer had used her letter in the first versions of her story without attribution.
Court: USDC Massachusetts, Judge: Talwani, Filed On: September 14, 2023, Case #: 1:19cv10203, NOS: Copyrights - Property Rights, Categories: Copyright, Defamation, Interference With Contract
J. Talwani denies summary judgment to a homeowner hosting an estate sale on her argument that a visitor, who was injured when she fell down a step in an “off limits” family room, was more than 50% responsible for her accident and therefore barred from recovery. While the homeowner correctly describes the effect of Massachusetts’s comparative negligence statute, her assertion is premised on the disputed claim that her couch, pillows and tape effectively blocked the space between the hallway and family room.
Court: USDC Massachusetts, Judge: Talwani, Filed On: August 4, 2023, Case #: 1:21cv11656, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Damages, Negligence
J. Talwani denies summary judgment to a Nantucket Sound homeowner who sued the National Marine Fisheries Service, arguing that some 400 endangered right whales are further threatened by government permitting of a wind energy project off the coast of Martha’s Vineyard and Nantucket. The advocate is sufficiently affected by the wind project issue to have the legal standing to file suit in the matter, but he has not shown the government agency has acted arbitrarily, capriciously or unlawfully.
Court: USDC Massachusetts, Judge: Talwani, Filed On: August 4, 2023, Case #: 1:21cv11171, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Environment, Agency
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J. Talwani denies a former car owner’s motions for summary judgment and grants in part a financial institution’s motion for summary judgment following the prior car owner’s claims against the financial institution for fraud, perjury and coercion by counsel after it repossessed her car. The financial institution followed procedures set forth in its contractual agreement with the former car owner and did not harass, abuse or oppress her. It repeatedly communicated to her that she was in default and that a repossession was a potential consequence.
Court: USDC Massachusetts, Judge: Talwani, Filed On: July 5, 2023, Case #: 1:22cv10306, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Vehicle, Contract
J. Talwani denies, in part, a business and individual's motions to dismiss a real estate company's claims related to the failed purchase and sale of two properties. The company has sufficiently pleaded its claims for breach of contract and civil conspiracy, among others, against the business, and its claims for breach of warranty, civil conspiracy, conversion and intentional interference with contractual relations against the individual.
Court: USDC Massachusetts, Judge: Talwani, Filed On: June 14, 2023, Case #: 1:22cv11544, NOS: Other Contract - Contract, Categories: Real Estate, Conversion, Contract
J. Talwani grants, in part, an insurer's motion for sanctions against two individuals in an ERISA case for their failure to participate in discovery. The individuals must pay a $500 fee and show cause why they should not be dismissed from the case.
Court: USDC Massachusetts, Judge: Talwani, Filed On: June 9, 2023, Case #: 1:21cv11750, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Sanctions, Discovery