373 results for 'court:"USDC Massachusetts"'.
J. Robertson grants a town and several of its school officials’ motion for summary judgment regarding some of the claims brought against them by parents of an autistic student, who was injured and sustained concussions in incidents where he engaged in self-injuring behaviors and then was restrained. It is not established that the concussions were caused by school officials’ use of excessive force while restraining him, rather than caused by his self-injuring behavior or in the process of resisting restraints.
Court: USDC Massachusetts, Judge: Robertson, Filed On: March 22, 2024, Case #: 3:20cv30187, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Education, Negligence
J. Stearns denies a former employee’s motion for partial summary judgment against her former employer, who she claims violated wage laws, discriminated against her for being white and retaliated against her after the employer significantly changed her job responsibilities, investigated her based on problematic communications between her and her coworkers, then fired her. It’s unclear if the employer could have known that the employee was under-reporting her hours worked, so the employer was not clearly knowingly failing to pay the employee properly for her overtime hours worked. There is a significant amount of ambiguity on her other claims, preventing summary judgment in favor of either party on those claims.
Court: USDC Massachusetts, Judge: Stearns, Filed On: March 20, 2024, Case #: 1:22cv10436, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Hillman grants a company’s motion to dismiss all claims brought against it by its former CEO. The CEO’s claims were already addressed, or could have been addressed, in a prior civil action and are therefore barred from further litigation.
Court: USDC Massachusetts, Judge: Hillman, Filed On: March 19, 2024, Case #: 1:20cv11148, NOS: Stockholders’ Suits - Contract, Categories: Civil Procedure, Employment, Business Expectancy
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J. Casper allows four science companies’ motion to dismiss a lawsuit brought by a man who claims they violated the False Claims Act by allegedly causing Moderna and Pfizer to submit false claims to the federal government. The man fails to state who, specifically, at these companies falsely certified good manufacturing standards compliance of their vaccines to the government.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 15, 2024, Case #: 1:21cv10866, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Health Care, False Claims, Covid-19
J. Saris partially denies a state child advocacy organization’s motion to dismiss claims brought against it by the parents of children who were removed from their custody without a warrant after an emergency room doctor saw that the parents’ youngest child had rib fractures. The parents did not consent to entry of their home and were threatened with force, the children’s pediatrician had no concerns about either of their children and there was plenty of time to get a warrant or court order.
Court: USDC Massachusetts, Judge: Saris, Filed On: March 14, 2024, Case #: 1:23cv10957, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Due Process, Police Misconduct
J. Casper partially denies motions to dismiss brought forth by insurance companies against a representative of an estate suing them after her husband, the decedent, was killed due to injuries from a workplace accident and the insurance companies denied the representative’s request for coverage at their full policy limits. The statute of limitations isn’t based on when it became clear to the representative that the insurance companies were liable, but rather upon the insurance companies’ failure to respond to the representative’s settlement demands.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 13, 2024, Case #: 1:23cv11594, NOS: Insurance - Contract, Categories: Insurance, Wrongful Death, Premises Liability
J. Burroughs grants an insurance company’s motion for judgment on its insured’s breach of contract claim and denies its motion for judgment on its insured’s bad faith claim. The insured failed to demonstrate how the insurance company failed to follow any of its insurance policies by delaying its decision of whether or not to defend the insured while it investigated the related incident and the legal action against the insured.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 12, 2024, Case #: 1:22cv11150, NOS: Insurance - Contract, Categories: Insurance, Wrongful Death, Contract
J. Burroughs grants an insurance company’s motion for a declaratory judgment exempting it from any obligation to defend a boat owner who approached another boat that struck a navigational aid and caused its passengers to enter the water, including one passenger who drowned, and who left the scene without providing assistance. The boat owner who left the scene failed to sit for an examination under oath.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 12, 2024, Case #: 1:22cv11401, NOS: Insurance - Contract, Categories: Insurance, Maritime, Wrongful Death
J. Saylor denies both an equipment company’s motion to dismiss in part a complaint brought against it by an investment firm, and denies the investment firm’s motion for partial summary judgment. The investment firm is not limited to an in rem proceeding if it wishes to obtain title to the vessels. Remaining interest that the creditors have in the vessels once debts have been satisfied hasn’t been considered yet, preventing summary judgment.
Court: USDC Massachusetts, Judge: Saylor, Filed On: March 12, 2024, Case #: 1:23cv11658, NOS: Marine - Contract, Categories: Debt Collection, Maritime
J. Kobick denies a health care technology company’s motion to dismiss a claim of negligent misrepresentation brought against it by a recipient of its Obtryx medical device and her husband. The couple adequately supports that they have, and will continue to, suffer economic damages and they can continue with their negligent misrepresentation claim if they drop their failure-to-warn claim under the Ohio Product Liability Act.
Court: USDC Massachusetts, Judge: Kobick, Filed On: March 12, 2024, Case #: 1:23cv11848, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Consumer Law, Product Liability
J. Saylor denies a car manufacturer’s motion to dismiss as to three claims against it but allows the dismissal of all other claims brought against it through a class action of purchasers and lessees. The class sufficiently brings evidence of its breach of implied warranty claim and fraudulent misrepresentation claim, and it also sufficiently alleges that the manufacturer violated the Transportation Recall Enhancement, Accountability and Documentation Act.
Court: USDC Massachusetts, Judge: Saylor, Filed On: March 8, 2024, Case #: 1:23cv10829, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Vehicle, Product Liability, Class Action
J. Casper denies three insurance companies’ motion to dismiss the first amended complaint for breach of contract and seeking relief brought against them through a class action. Depreciation doesn’t necessarily include labor costs in an insurance policy that doesn’t expressly say that it does, because to assume otherwise wouldn’t interpret insurance policies liberally in favor of the insured.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 8, 2024, Case #: 1:22cv11466, NOS: Insurance - Contract, Categories: Insurance, Contract, Labor
J. Casper denies three insurance companies’ motion to dismiss the first amended complaint for breach of contract brought by insureds suing in a class action. Depreciation doesn’t necessarily include labor costs in an insurance policy that doesn’t expressly say that it does, because to assume otherwise wouldn’t interpret insurance policies liberally in favor of the insured.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 8, 2024, Case #: 1:21cv11047, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Gorton allows the majority of claims against public school district officials, teachers and a town to be dismissed. One teacher repeatedly physically and emotionally abused her very young, disabled students, and two of her students demonstrated the severity and long-lasting impact of the abuse enough to prevent the dismissal of their claims for intentional infliction of emotional distress. Other suing students did not show the severity necessary to support their intentional infliction of emotional distress claims. Additionally, the other teachers, officials and the town are not shown to have been responsible for the abuse.
Court: USDC Massachusetts, Judge: Gorton, Filed On: March 4, 2024, Case #: 1:23cv11170, NOS: Other Civil Rights - Civil Rights, Categories: Education, Emotional Distress, Assault