373 results for 'court:"USDC Massachusetts"'.
J. Saylor partly grants a major technology company’s motion to exclude the expert testimony of a smaller technology company suing it for willful patent infringement. The smaller company’s technical expert is not qualified to claim that the larger company’s product’s commercial success is directly or largely due to its allegedly patent-infringing features.
Court: USDC Massachusetts, Judge: Saylor, Filed On: December 20, 2023, Case #: 1:19cv12551, NOS: Patent - Property Rights, Categories: Patent, Experts, Technology
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J. Casper enters judgment in favor of a seaman on part of one of HIS claims against the owner of the commercial fishing vessel he was the Captain of, over the owner’s ongoing duty to pay for maintenance cure after September 2020. The seaman’s “October 12, 2018 deposition testimony that ‘he only saw his cardiologist, infectious disease doctor and primary care physician every six months for checkups’” does not establish that he reached maximum medical recovery.
Court: USDC Massachusetts, Judge: Casper, Filed On: December 18, 2023, Case #: 1:17cv11248, NOS: Marine - Contract, Categories: Health Care, Maritime, Damages
J. Saylor denies in part an employer’s motion to dismiss claims brought against it by its employee, who is Black, based on incidents including, but not limited to, her direct supervisor in 2019 decreasing her pay to reflect lower cost of living when she relocated but not doing the same for white employees who relocated similarly to areas with lower costs of living, asking her to work during her approved FMLA leave and reassigning a client she’d worked with for several years to a lighter-skinned employee of color with less experience and lying by claiming the client asked that she be removed. Her claims of emotional distress, discrimination and retaliation are dismissed but her claims for failure to accommodate a disability and interference with her FMLA, Massachusetts Paid Family and Medical Leave Act and Equal Pay Act rights are not dismissed.
Court: USDC Massachusetts, Judge: Saylor, Filed On: December 14, 2023, Case #: 1:23cv10417, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Dein allows a restaurant owner’s motion to dismiss amended counterclaims brought against it by owners of a newer restaurant with the same name who it is suing for use of its trademarks. The owners of the newer restaurant fail to provide the evidence necessary to back their counterclaims of fraud and abandonment.
Court: USDC Massachusetts, Judge: Dein, Filed On: December 13, 2023, Case #: 1:23cv10567, NOS: Trademark - Property Rights, Categories: Fraud, Trademark
J. Stearns denies current and former employees’ motion for preliminary injunctive relief against their employer for denying them religious exemptions to Covid-19 vaccination. For their work, the employees closely interacted in-person with a wide range of people, including children, immunocompromised individuals and the elderly, and approving religious exemptions from the vaccine would put their customers at risk, and the denial of the exemptions did not involve simultaneously permitting secular exemptions that posed a similar risk. The granting of medical exemptions furthers the same goal of safety as rejecting the religious ones.
Court: USDC Massachusetts, Judge: Stearns, Filed On: December 11, 2023, Case #: 1:22cv10242, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Covid-19, Employment Discrimination
J. Gorton grants, in part, a night club's motion for summary judgment against models suing it for allegedly altering and using photos of them in its promotional materials without their consent. The 3-year statute of limitations bars certain claims, as the most recent date the photos were published was in November of 2015, which is the latest date when the models' complaints could have started accruing.
Court: USDC Massachusetts, Judge: Gorton, Filed On: December 8, 2023, Case #: 1:21cv11075, NOS: Other Statutory Actions - Other Suits, Categories: Property, Privacy, False Advertising
J. Young administratively closes a former employee’s claims against her former employer for allegedly depriving her and other employees of wages earned for staging duties and travel time. A valid arbitration agreement exists, which the former employee does not hold an exemption from, so her claims need to be arbitrated.
Court: USDC Massachusetts, Judge: Young, Filed On: December 5, 2023, Case #: 1:21cv10751, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Commerce, Employment
J. Saylor vacates a default and dismisses an amended complaint against Meta, Facebook’s parent company, by one of the social media platform’s users after his Facebook account, which he used for his business, was disabled with little explanation of why. Meta does not have the minimum contacts in Massachusetts necessary to establish jurisdiction for the court.
Court: USDC Massachusetts, Judge: Saylor, Filed On: December 1, 2023, Case #: 1:21cv11956, NOS: Arbitration - Other Suits, Categories: Communications, Jurisdiction, Technology
J. Saylor denies a car buyer’s motion for partial summary judgment against those who sold her a dangerous car and then repossessed the car from her driveway when she fell behind on payments. While the repossession of the vehicle would have required that the buyer give her consent if no judicial process was undertaken to repossess the car, the agent who towed the car away to repossess it said he received a note beforehand that said the car’s lienholder had spoken to plaintiff and the car was ready to be picked up, so he interpreted that as her consent.
Court: USDC Massachusetts, Judge: Saylor, Filed On: November 16, 2023, Case #: 1:22cv10769, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Property, Vehicle
J. Hillman denies, in part, a police organization and its officers' motions to dismiss civil rights claims filed by a man whom they arrested after mistaking him for a driver who caused a multi-car collision. He plausibly alleges his claims for unlawful arrest, battery and excessive force.
Court: USDC Massachusetts, Judge: Hillman, Filed On: November 16, 2023, Case #: 4:23cv11096, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Assault, Police Misconduct