45 results for 'judge:"Talwani"'.
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
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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
J. Talwani denies a university’s motion to strike and partial motion to dismiss the claims of a former employee suing it after he was fired with the justification being that a lack of work eliminated his position, even though there were openings in his department which he hadn’t been offered. It also hired a younger individual for one of the open positions in his department who had held the same position as him, and it failed to fully and timely pay him his final wages. While part of the former employee's complaint are inadmissible to support his Massachusetts Wage Act and age discrimination claims, they are admissible to use to support an independent claim, such as retaliation.
Court: USDC Massachusetts, Judge: Talwani, Filed On: November 2, 2023, Case #: 1:23cv11032, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Talwani grants in part a mayor’s motion for judgment on the pleadings of a couple unhappy with their parking variance being revoked and with the placement of parking meters in front of their home. The couple’s claims related to the variance being revoked are barred by the doctrine of sovereign immunity but their claims related to the placement of the meters are not barred by the fact that a city official placed them as part of their official duty, because there is a question of whether they could have been and should have been placed elsewhere by the city official.
Court: USDC Massachusetts, Judge: Talwani, Filed On: October 20, 2023, Case #: 1:22cv11462, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Government, Zoning
J. Talwani denies several seafood suppliers’ motion for summary judgment against a department of the federal government which they are suing for approving an offshore wind energy project which allegedly breaks environmental protection laws and will interfere with commercial fishing. The suppliers fail to provide substantial evidence that the project would cause significant harm to the environment or to their fishing.
Court: USDC Massachusetts, Judge: Talwani, Filed On: October 12, 2023, Case #: 1:22cv11172, NOS: Environmental Matters - Other Suits, Categories: Energy, Environment, Maritime
J. Talwani grants in part a student’s motion for summary judgment against a public school district and an educational organization for violating the Individuals with Disabilities Education Act after a school official unilaterally made the decision to recommend the student’s placement in day schools, even after it had been decided by his parents and educational professionals in his IEP meetings that he should be in a residential program. A hearing officer did not allow representatives for the student to fully cross-examine the school official who made the unilateral decision and did not properly consider the testimony of a neuropsychologist who evaluated the student’s needs.
Court: USDC Massachusetts, Judge: Talwani, Filed On: October 10, 2023, Case #: 3:22cv10267, NOS: Education - Civil Rights, Categories: Civil Procedure, Education, Experts
J. Talwani denies members of the commercial fishing industry's motion to strike documents from, and supplement, the administrative record. They fail to identify the corrections to the document to which they take issue, or to explain why those corrections were errors.
Court: USDC Massachusetts, Judge: Talwani, Filed On: September 25, 2023, Case #: 1:22cv11172, NOS: Environmental Matters - Other Suits, Categories: Environment, Maritime, Discovery
J. Talwani partially denies a large clothing retail company’s motion to dismiss Consumer Protection Act claims brought against it via class action for suppressing lower-starred product reviews through a third party. By automatically posting reviews above three stars and forcing reviews of three stars or less to be reviewed before being made public, the company persuaded some customers to buy items they would not have purchased had they seen the real ratings and all reviews of the products.
Court: USDC Massachusetts, Judge: Talwani, Filed On: September 22, 2023, Case #: 1:22cv10603, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Technology