63 results for 'court:"USDC Maine"'.
J. Nivison grants in part a behavioral health and education company’s motion for the exclusion of certain expert testimony and the reimbursement of attorney fees after they were sued by the parents of an adult who defendant allegedly failed to provide appropriate care for. The parents’ expert witness designations are adequate but it is inappropriate that counsel attempted to influence the expert testimony.
Court: USDC Maine, Judge: Nivison, Filed On: April 25, 2024, Case #: 2:22cv54, NOS: Other Civil Rights - Civil Rights, Categories: Experts, Discovery, Attorney Fees
J. Levy grants the dismissal of all claims brought against Westbrook, Maine, and several of its officials by a former employee they fired. The employee’s supervisor’s different treatment of the employee was not do to the employee being male, but the fact that the employee replaced the supervisor’s paramour, so it wasn’t discrimination on the basis of sex.
Court: USDC Maine, Judge: Levy, Filed On: April 24, 2024, Case #: 2:23cv123, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Walker grants a health insurance company’s motion to dismiss a lawsuit brought against it by a hospital trying to have the insurance company cover healthcare services it provided to one of its insured. The hospital did not exhaust the administrative process in trying to get the insurance company to cover the cost of services it provided.
Court: USDC Maine, Judge: Walker, Filed On: April 23, 2024, Case #: 2:23cv258, NOS: Other Contract - Contract, Categories: Health Care, Insurance, Contract
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J. Levy denies a power company’s motion to exclude testimony from the designated experts a man with cancer brings to support his argument that charging him a monthly fee to opt out of using analog meters to measure electricity usage and to instead use smart meters, is a failure to reasonably accommodate his non-Hodgkins Lymphoma. While the experts are not able to give a specific measurement of at what level radiofrequency radiation becomes harmful, they can support that the greater the amount of radiofrequency radiation, the greater the risk of harm.
Court: USDC Maine, Judge: Levy, Filed On: March 28, 2024, Case #: 2:20cv237, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Health Care, Technology
J. Woodcock affirms the dismissal of a woman’s applications for in forma pauperis status because they fail to comply with the court’s orders to provide detailed and accurate information. The information the woman provided was contradictory because she claimed to be without income but also to work for a nonprofit, to have $3,000 worth of monthly expenses, including spending $600 per month on her Saint Bernard, and to own a 2020 Jeep.
Court: USDC Maine, Judge: Woodcock, Filed On: March 18, 2024, Case #: 1:23cv460, NOS: Consumer Credit - Other Suits, Categories: False Claims, Attorney Fees
J. Nivison grants a pharmaceutical company’s motion for a letter request from the court that would require two New England companies to produce documents related to the pharma firm’s claims of misappropriating its confidential, proprietary information. While some aspects of the request need to be modified, overall it is focused and not overly vague.
Court: USDC Maine, Judge: Nivison, Filed On: February 22, 2024, Case #: 2:23cv237, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Unfair Competition, Discovery
J. Woodcock denies in part a town’s motion to dismiss claims brought against it by a property owner, after the town’s code enforcement officer gave the property owner instructions on how to make his property up to code, and then claimed the property owner made the property more dangerous by following those instructions. The property owner sufficiently substantiates his federal and Maine Civil Rights Act claims.
Court: USDC Maine, Judge: Woodcock, Filed On: February 20, 2024, Case #: 1:23cv162, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Equal Protection
J. Walker grants in part the motion to dismiss filed by an employer and its membership interest holders — one individual and one company — against a class action brought by a former employee alleging wage violations, fraud and unjust enrichment. Despite her membership interests, the individual membership interest holder is not an employer of the employee and did not have significant control over the employer’s day-to-day operations, whereas the company membership interest holder has more control over the day-to-day operations of the employer.
Court: USDC Maine, Judge: Walker, Filed On: February 7, 2024, Case #: 2:22cv425, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Fraud, Jurisdiction
J. Levy allows in part a veterinary product provider’s motion to dismiss claims brought against it in a class action brought by pet owners. They say the product provider coerced veterinary clinics to pay artificially inflated prices for its products through business practices that pushed out its competition, including steep penalties for clinics that try to end contracts with it. The pet owners lack antitrust standing to challenge the prices of the provider’s products because they buy veterinary services from the clinics who buy the provider’s products, but they do not buy the products themselves.
Court: USDC Maine, Judge: Levy, Filed On: January 8, 2024, Case #: 2:22cv392, NOS: Antitrust - Other Suits, Categories: Antitrust, Business Practices, Class Action
J. Nivison grants a business founder’s motion for attachment and trustee process against purchasers of its business assets, who failed to pay the total purchase price of those assets. The purchaser received some files from the founder late, but only by a few days, and suggests some were still missing months later but fails to identify what was missing and how what was missing mattered.
Court: USDC Maine, Judge: Nivison, Filed On: January 3, 2024, Case #: 1:23cv315, NOS: Other Contract - Contract, Categories: Debt Collection, Contract
J. Woodcock denies an employer’s motion for summary judgment as it relates to its employee’s age and gender discrimination claims, but grants summary judgment in its favor on her negligent misrepresentation and breach of contract claims. The employer’s president said his company would never place a woman in the position that had previously been occupied by the employee’s supervisor, who left to work elsewhere, when it was suggested that she could fill the position. One of the people involved in the employee’s firing had told her, “You’re getting older, maybe the job is too much for you.”
Court: USDC Maine, Judge: Woodcock, Filed On: December 14, 2023, Case #: 2:21cv87, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination
J. Nivison grants, in part, an ex-wife's motion for partial summary judgment pertaining to her former husband's res judicata defense to her personal injury claim. The parties' divorce decree did not decide issues related to her injury claim.
Court: USDC Maine, Judge: Nivison, Filed On: December 11, 2023, Case #: 2:20cv452, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Family Law, Tort