70 results for 'court:"USDC New Hampshire"'.
J. McCafferty grants a body product company’s motion to dismiss a class action brought against it by a customer claiming the company violated the New Hampshire Driver Privacy Act by sending information from the customer’s driver’s license to a third party without his consent. The customer failed to make a plausible argument that the company sold, rented, offered or exposed for sale his driver’s license or the information contained in it.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: April 18, 2024, Case #: 1:23cv432, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Consumer Law, Privacy, Class Action
J. Barbadoro denies in part a laser manufacturer’s motion for summary judgment against a man who sued it and another company after he underwent laser surgery and his bladder sustained diffuse thermal burns. The man fails to substantiate that the company knew of the laser’s risks and recklessly disregarded them to deceive the man or his doctors to use the device, but he sufficiently supports his defective design, failure to warn and breach of warranty claims to avoid summary judgment against him.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: March 26, 2024, Case #: 1:20cv943, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Warranty
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J. McAuliffe grants a government agency’s motion for summary judgment against an employee suing it for gender and age discrimination after it promoted younger, male applicants, with allegedly less experience, over her. The employee failed to initiate contact with an equal employment opportunity counselor in a timely manner and she fails to demonstrate that the agency’s claim, that the younger candidates had more of the types of experiences they were looking for, is a pretext for discrimination.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: March 26, 2024, Case #: 1:20cv514, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination
J. Barbadoro denies two brothers’ motion for summary judgment against their former employer, who is suing them after they retained its confidential information, solicited its clients and competed against it. While the brothers claim the non-compete and non-solicitation provisions of their employment agreements are unreasonable and therefore unenforceable, they are, in fact, enforceable.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: March 25, 2024, Case #: 1:21cv781, NOS: Other Contract - Contract, Categories: Employment, Unfair Competition, Interference With Contract
J. McCafferty partially grants a communication company’s motion to prevent the technology corporation Nokia from relying on the duty to mitigate as an affirmative defense at trial because Nokia failed to plead the duty to mitigate in its answer during a pretrial conference. Nokia may not “rely on the affirmative defense of the duty to mitigate at trial,” but it doesn’t have to exclude all evidence “that may be relevant to the duty to mitigate regardless of its relevance to other issues at trial.”
Court: USDC New Hampshire, Judge: McCafferty, Filed On: February 9, 2024, Case #: 1:20cv949, NOS: Other Contract - Contract, Categories: Communications, Contract, Technology
J. McAuliffe grants three care facilities’ motion to dismiss claims brought against them for allegedly neglecting to properly care for a senior who needed their services. It’s unclear if the senior, who has since passed away, reestablished a domicile in Maine prior to his death.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: February 9, 2024, Case #: 1:23cv230, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Health Care, Negligence, Elder Abuse
J. Barbadoro denies a former employer’s insurer’s motion to dismiss a former employee’s motion for a declaratory judgment compelling the insurer to pay a judgment against her employer for pregnancy discrimination and wrongful termination. The insurer’s arguments — that there is no direct action statute permitting an injured party to proceed directly against a wrongdoer’s insurer in New Hampshire and that the former employee is not a third-party beneficiary of the insurance contract — do not hold merit.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: February 2, 2024, Case #: 1:22cv200, NOS: Insurance - Contract, Categories: Employment, Insurance, Employment Discrimination
J. Laplante determines the opinion of one of a group of property owners’ experts is inadmissible in this case, where the property owners are suing corporations whose manufacturing facility released toxic chemicals into the surrounding area, including the property owners’ groundwater. The property owners have other experts and didn’t object to this expert being excluded in their briefs.
Court: USDC New Hampshire, Judge: Laplante, Filed On: December 29, 2023, Case #: 1:16cv242, NOS: Torts to Land - Real Property, Categories: Environment, Water, Experts
J. Laplante certifies a class of property owners suing corporations for releasing toxic chemicals from a manufacturing plant into the surrounding area. Though the corporations claim that the property owners’ claims cover a wide range of issues not all suffered across the class, the property owners’ claims of trespass, negligence and negligent failure to warn all have to do with the corporations’ liability and are issues that can be jointly resolved across the class.
Court: USDC New Hampshire, Judge: Laplante, Filed On: December 29, 2023, Case #: 1:16cv242, NOS: Torts to Land - Real Property, Categories: Environment, Water, Class Action
J. McCafferty grants a former special education teacher’s first motion to amend her complaint, while denying her other motions and granting education officials’ motions to dismiss. The former teacher fails to state a plausible claim of civil conspiracy but she does have the opportunity to amend her complaint, with the caveat that her addendum must have specific factual allegations.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: December 20, 2023, Case #: 1:23cv391, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment, First Amendment
J. McCafferty grants a major home improvement company’s motion to dismiss a class action brought against it by a customer for giving information from her driver’s license to a third party without her consent. The consumer’s information, which the company shared, is not department information or a motor vehicle record which was sold, rented, offered or exposed for sale.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: December 19, 2023, Case #: 1:23cv294, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Privacy, Class Action
J. McAuliffe grants judgment in favor of three university officials accused by a member of the public of unlawfully barring him from using the university’s transportation system and of violating his First and 14th Amendment rights by intimidating other university officials into refusing him educational and transportation services. On multiple occasions while using the university’s transportation system, the member of the public behaved in a rude and unsafe manner.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: December 7, 2023, Case #: 1:22cv391, NOS: Other Civil Rights - Civil Rights, Categories: Education, Transportation, First Amendment
J. Elliott grants summary judgment in favor of a lawyer who was sued by a prior client for failing to let the client know about an extension the IRS granted him. The prior client’s claims are barred by the statute of limitations, because even though he had not been aware of the extension, he was able to have become aware of it.
Court: USDC New Hampshire, Judge: Elliott, Filed On: November 6, 2023, Case #: 1:22cv3, NOS: Other Statutory Actions - Other Suits, Categories: Bankruptcy, Tax, Legal Malpractice
J. McCafferty grants in part a college’s motion to exclude an expert, for a medical student it expelled for sexually assaulting another medical student, from providing testimony regarding the student’s lost wages and earning capacity. The expert is qualified to give the testimony and used a credible methodology, but her testimony regarding the student’s potential future career in cardiology should be excluded because he chose to pursue internal medicine rather than cardiology.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: October 18, 2023, Case #: 1:22cv18, NOS: Education - Civil Rights, Categories: Education, Health Care, Experts