368 results for 'court:"USDC Massachusetts"'.
J. Gorton allows a corporation’s motion to dismiss a former employee's claims of violation of his right to due process and equal protection, as well as his civil rights. The corporation allowed employees to be unvaccinated, but required unvaccinated employees to test themselves weekly for Covid-19, and they fired the employee when he refused to follow the testing requirement.
Court: USDC Massachusetts, Judge: Gorton, Filed On: April 25, 2024, Case #: 1:23cv12206, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Health Care, Covid-19
J. Kobick grants a restaurant management software company’s motion to stay a patent infringement and breach of contract action brought against it by a paydata management software company pending review of the relevant patent by the Patent Trial and Appeal Board. The board recently began the review of that patent.
Court: USDC Massachusetts, Judge: Kobick, Filed On: April 24, 2024, Case #: 1:22cv11539, NOS: Patent - Property Rights, Categories: Patent, Contract
J. Kelley allows in part the motion to access a third party’s mental health records and criminal offender record information of a man granted a new trial after serving approximately 30 years in prison for allegedly raping a 78-year-old woman. The third party is a woman with substance abuse disorder who had a tumultuous intimate relationship with the man, and she had provided testimony that the man confessed of the rape to her. Some of the documents sought are protected by the Public Health Service Act but her “non-communicative mental health records pertaining to her
diagnoses and treatment—are not privileged.”
Court: USDC Massachusetts, Judge: Kelley, Filed On: April 22, 2024, Case #: 1:18cv10147, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Due Process, Discovery
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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. Robertson denies social and emotional education companies’ motion to stay resolution of cross-motions for summary judgment pending further discovery. The curriculum developer filing for partial summary judgment against the companies was wrong not to provide certain emails during non-expert discovery, but the companies fail to show why they can’t oppose the developer’s partial motions for summary judgment without further discovery.
Court: USDC Massachusetts, Judge: Robertson, Filed On: April 16, 2024, Case #: 3:19cv30032, NOS: Trademark - Property Rights, Categories: Education, Trademark, Discovery
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. Stearns partially denies a company and its CEO’s motion for summary judgment against their former national sales and business manager who is suing them for allegedly retaliating against her and violating the Massachusetts Wage Act. The manager engaged in protected conduct in Massachusetts and performed work she allegedly wasn’t paid for commissions earned in Massachusetts, so even though the company and its CEO are in Illinois and the manager is not a Massachusetts resident, she can bring a claim under the Massachusetts Wage Act.
Court: USDC Massachusetts, Judge: Stearns, Filed On: April 11, 2024, Case #: 1:22cv10750, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Jurisdiction, Employment Retaliation
J. Guzman finds a company director did not breach her fiduciary duties when she cut off her brother, the company creator’s, access to company accounts. The company creator is not a company shareholder or officer.
Court: USDC Massachusetts, Judge: Guzman, Filed On: April 11, 2024, Case #: 4:21cv40060, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Defamation, Contract
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
J. Guzman finds that a company guilty of misappropriation of trade secrets committed misappropriation willfully and maliciously, but does not award exemplary damages even though they would be warranted. Punitive damages have already been awarded, so exemplary damages run the risk of being unfairly duplicative.
Court: USDC Massachusetts, Judge: Guzman, Filed On: April 10, 2024, Case #: 4:21cv10572, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Damages, Business Practices
J. Young enters judgment in favor of University of Massachusetts officials against an RA who acted sexually inappropriately towards female college students and then sued the university after it took disciplinary action against him, including requiring him to take a remedial behavior class, forbidding him from contacting the victims and banning him from campus housing. While sharing unpopular opinions is sometimes necessarily permitted in university settings for educational discourse, universities also have a duty to protect their students from the misconduct of other students. The RA also touched at least one female student in a way that was unwanted when he touched her feet without consent.
Court: USDC Massachusetts, Judge: Young, Filed On: April 9, 2024, Case #: 1:23cv12077, NOS: Education - Civil Rights, Categories: Education, Housing, First Amendment
J. Burroughs denies a Haitian politician’s motion for judgment as a matter of law, or a new trial, because he was required to pay more than $15 million in damages to the family members of and supporters of a man who he killed, some of whom he also tortured and attempted to kill. The expert testimony presented to the jury did not result in a miscarriage of justice.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: April 8, 2024, Case #: 1:17cv10477, NOS: Other Statutory Actions - Other Suits, Categories: Government, International Law, Assault
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. Wolf denies a manufacturer’s motion for summary judgment against a consumer bringing a class action against it in response to its hand sanitizer bottles, which claim on their front label to kill 99.99% of germs, but clarify on their back labels that they kill 99.99% of many common harmful germs. There is enough evidence for a reasonable jury to find the manufacturer’s advertising of its hand sanitizer bottles deceptive and for the consumer to have suffered an economic loss as a result of the deceptive advertising.
Court: USDC Massachusetts, Judge: Wolf, Filed On: March 29, 2024, Case #: 1:20cv11555, NOS: Other Fraud - Torts - Personal Property, Categories: Trade, Consumer Law, False Advertising
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