22 results for 'judge:"McCafferty"'.
J. McCafferty grants a body product company’s motion to dismiss a class action brought against it by a customer claiming the company violated the New Hampshire Driver Privacy Act by sending information from the customer’s driver’s license to a third party without his consent. The customer failed to make a plausible argument that the company sold, rented, offered or exposed for sale his driver’s license or the information contained in it.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: April 18, 2024, Case #: 1:23cv432, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Consumer Law, Privacy, Class Action
J. McCafferty partially grants a communication company’s motion to prevent the technology corporation Nokia from relying on the duty to mitigate as an affirmative defense at trial because Nokia failed to plead the duty to mitigate in its answer during a pretrial conference. Nokia may not “rely on the affirmative defense of the duty to mitigate at trial,” but it doesn’t have to exclude all evidence “that may be relevant to the duty to mitigate regardless of its relevance to other issues at trial.”
Court: USDC New Hampshire, Judge: McCafferty, Filed On: February 9, 2024, Case #: 1:20cv949, NOS: Other Contract - Contract, Categories: Communications, Contract, Technology
J. McCafferty grants a former special education teacher’s first motion to amend her complaint, while denying her other motions and granting education officials’ motions to dismiss. The former teacher fails to state a plausible claim of civil conspiracy but she does have the opportunity to amend her complaint, with the caveat that her addendum must have specific factual allegations.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: December 20, 2023, Case #: 1:23cv391, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment, First Amendment
J. McCafferty grants a major home improvement company’s motion to dismiss a class action brought against it by a customer for giving information from her driver’s license to a third party without her consent. The consumer’s information, which the company shared, is not department information or a motor vehicle record which was sold, rented, offered or exposed for sale.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: December 19, 2023, Case #: 1:23cv294, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Privacy, Class Action
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J. McCafferty grants in part a college’s motion to exclude an expert, for a medical student it expelled for sexually assaulting another medical student, from providing testimony regarding the student’s lost wages and earning capacity. The expert is qualified to give the testimony and used a credible methodology, but her testimony regarding the student’s potential future career in cardiology should be excluded because he chose to pursue internal medicine rather than cardiology.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: October 18, 2023, Case #: 1:22cv18, NOS: Education - Civil Rights, Categories: Education, Health Care, Experts
J. McCafferty partially grants the government officials' joint motion for judgment as to a lawsuit brought by a woman alleging that she was wrongfully arrested for trespassing as retaliation for her criticism of city acts and officials. The woman fails to show that her free speech was chilled or that the disputes with her over Right-to-Know laws are adverse actions taken against her. However, her claim that her arrest was in retaliation for her protected activity withstands the officials' motion.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: September 26, 2023, Case #: 1:22cv326, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Police Misconduct
J. McCafferty denies the motion to set aside the default of a Bow resident who failed to pay federal income taxes. The available evidence supports finding that his default was willful, that he provides no meritorious defense for his default, his explanation for the default is weak and includes health issues and financial issues which are unspecified, he has not shown that he acted in good faith and he didn't file his motion until 9 months after the deadline for it.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: August 31, 2023, Case #: 1:22cv271, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Debt Collection, Tax, Federalism
J. McCafferty grants a company accusing two other companies of breach of contract and bad faith's motion to exclude parts of the accused company’s expert’s opinion, and partially grants the accused companies’ motion to exclude the accusing company’s experts’ opinions. The fact that one of the accusing company’s experts relied in part on information he received from the other does not make his opinion inadmissable. The accused companies’ expert “cannot opine about what ‘is expected of damages experts’ as that is the court’s function as gatekeeper and then the jury’s function as the ultimate finder of fact.”
Court: USDC New Hampshire, Judge: McCafferty, Filed On: August 31, 2023, Case #: 1:20cv949, NOS: Other Contract - Contract, Categories: Experts, Contract, Technology
J. McCafferty grants a multinational company’s motion for summary judgment for two of the claims — one for misrepresentation and another for violation of the New Hampshire Consumer Protection Act — brought against it by a communications company. It denies the motions in regards to the communications company’s claims against the multinational company for breach of contract, acting in bad faith, promissory estoppel and negligence. The multinational company’s statements showed optimism about a deal between the two companies and flattery of the communications company but not liability under the Consumer Protection Act because making unrealistic assurances to placate unhappy customers doesn’t qualify as a liability for that Act, but might for breach of contract.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: August 15, 2023, Case #: 1:20cv949, NOS: Other Contract - Contract, Categories: Consumer Law, Negligence, Contract
J. McCafferty grants a group of consumers’ motion to certify class and approves their class action settlement agreement in the class action they are taking against a credit union for violating the Electronic Funds Transfer Act, based on how the credit union assesses consumer overdrafts. The proposed settlement agreement is fair and unopposed and will go through a fairness hearing to be further explained and defended, so there is no reason to hinder it at this point.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: August 2, 2023, Case #: 1:21cv534, NOS: Banks and Banking - Other Suits, Categories: Settlements, Banking / Lending, Class Action
J. McCafferty enters partial summary judgment for a company who was denied worker's compensation coverage of their worker's injuries in a car collision in New Hampshire. While the company's insurance provider's policies include a command that the provider be notified at once if a worker is injured in a state other than Florida or New York, this command doesn't specify in plain language what the consequences of not following the command would be. In another policy of the same insurance provider, loss of coverage is clearly stated as a consequence of non-compliance, which means that in sections where it doesn't specify the consequences of non-compliance, it is not reasonable to expect the insured to expect loss of coverage as a consequence.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: June 30, 2023, Case #: 1:21cv317, NOS: Insurance - Contract, Categories: Insurance, Contract, Workers' Compensation
J. McCafferty grants in part a police chief's motion for judgment on a woman's claims after she was arrested for trespassing that her rights were violated in retaliation for her criticism of city officials and policies, after she sought information about why her home's tax assessment was raised by over 50% and officials failed to provide the information she requested. The woman's claims of violation of her substantive due process rights don't meet the high threshold of shocking the conscience required to be viable claims. She also fails to support some of her claims that her right to free speech and right to procedural due process were violated. Her argument regarding civil conspiracy of the chief and his employees is not viable because the chief and his employees work together, and therefore can't be considered conspirators with each other. However, her claim that the chief's arrest of her was a retaliatory arrest is not dismissable because the chief ordered her arrest by overruling the judgment of other officers, which suggests his choice to arrest her was not entirely objective.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: June 28, 2023, Case #: 1:22cv326, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Due Process, First Amendment