373 results for 'court:"USDC Massachusetts"'.
J. Casper allows the motion for partial summary judgment by a medical devices company against another medical company’s shareholders, which it wishes to hold accountable for the company’s alleged fraudulent transferal of assets, and it seeks to establish that an individual is the company’s alter ego. That person, acting as the company’s alter ego, breached a distributorship agreement and disregarded his non-compete obligations.
Court: USDC Massachusetts, Judge: Casper, Filed On: February 27, 2024, Case #: 1:21cv11644, NOS: Arbitration - Other Suits, Categories: Corporations, Fraud, Business Practices
J. Casper denies in part three employers’ motion to dismiss claims brought against them by a former employee. The former employee is not entitled to commissions on customer payments that occurred after she was fired, but there is a strong enough probability that her firing was timed to avoid paying her, so her claims of bad faith, unjust enrichment and quantum meruit cannot be dismissed at this time.
Court: USDC Massachusetts, Judge: Casper, Filed On: February 23, 2024, Case #: 1:23cv10419, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination, Employment Retaliation
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J. Saylor denies a subcontractor’s motion for summary judgment against a contractor that allegedly failed to pay it fully for its work. The contractor may have fabricated its desire to be provided as-built drawings, as the contract between the parties stipulated — rather than having the drawings given directly to its surety — as a way to avoid having to pay the subcontractor because the contractor’s president felt denigrated by the subcontractor's president. But there is not proof of this that could support summary judgment at this time.
Court: USDC Massachusetts, Judge: Saylor, Filed On: February 16, 2024, Case #: 1:22cv10238, NOS: Other Statutory Actions - Other Suits, Categories: Construction, Contract, Labor
J. Stearns grants in part a moving subcontractor’s motion to dismiss claims brought against it by a couple, after the subcontractor refused to return items it picked up from the couple’s house or pickup additional items because it hadn’t been paid properly. The claims which allege the subcontractor damaged the couple’s belongings are preempted by the Carmack Amendment to the Interstate Commerce Act.
Court: USDC Massachusetts, Judge: Stearns, Filed On: February 13, 2024, Case #: 1:22cv10767, NOS: Other Contract - Contract, Categories: Commerce, Property, Contract
J. Saylor grants in part a Dutch multinational corporation’s motion to dismiss claims brought against it by a business that makes medical equipment for federal agencies, which allegedly terminated a contract with the Dutch company in retaliation for repeatedly raising concerns related to government product certification. Wrongful termination applies, as a theory of liability, to employees but it not to commercial entities.
Court: USDC Massachusetts, Judge: Saylor, Filed On: February 12, 2024, Case #: 1:23cv11025, NOS: Other Contract - Contract, Categories: Health Care, Business Practices, Contract
J. Kelley grants a state transportation organization's motion to dismiss a civil action brought against it by an employee for allegedly failing to provide him with reasonable accommodations, retaliating against him, discriminating against him based on his national origin and race and intentional infliction of emotional distress. The employee’s claims are time-barred.
Court: USDC Massachusetts, Judge: Kelley, Filed On: February 9, 2024, Case #: 1:23cv10993, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Saylor grants in part some Boston-area restaurants’ motion to dismiss the lawsuit brought against them by a former employee, who worked for them as a chef, for allegedly violating the Fair Labor Standards Act and Massachusetts Wage Act. While all of the restaurants were connected, possibly by sharing a website and many employees, this doesn’t mean that the chef was an employee of all of the restaurants listed and therefore not all of them should be held accountable for claims related to employment.
Court: USDC Massachusetts, Judge: Saylor, Filed On: February 5, 2024, Case #: 1:22cv11867, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Employment Retaliation, Labor
J. Young denies Massachusetts agricultural regulators’ motion for summary judgment against the pork producers suing them over legislation intended to improve animal welfare. One provision, which creates an exception for sales made at slaughterhouses within Massachusetts, violates the dormant commerce clause because it would disallow federally inspected facilities outside the commonwealth from shipping their pork to Massachusetts customers, who could buy noncompliant pork on the premises of in-state slaughterhouses.
Court: USDC Massachusetts, Judge: Young, Filed On: February 5, 2024, Case #: 1:23cv11671, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Consumer Law, Animal Cruelty
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. Casper denies a maritime transportation company’s motion to strike a supplemental expert disclosure of a worker, allegedly injured by exposure to asbestos on its vessels, and denies its two motions for summary judgment against the worker. The worker’s higher ranking officers’ statements about asbestos on the vessels is not inadmissable hearsay because the statements relate to matters within the scope of their employment.
Court: USDC Massachusetts, Judge: Casper, Filed On: February 1, 2024, Case #: 1:21cv11246, NOS: Marine - Contract, Categories: Employment, Maritime, Asbestos
J. Saylor partially denies a manufacturer's motion to dismiss the claims filed against it by the subrogee of a property owner whose property was damaged when a water supply line, made by the manufacturer and installed on the adjacent property, allegedly cracked. The subrogee sufficiently alleges its implied warranty claim.
Court: USDC Massachusetts, Judge: Saylor, Filed On: January 26, 2024, Case #: 1:23cv10679, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Insurance, Property, Warranty