18 results for 'judge:"Barbadoro"'.
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
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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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. Barbadoro partially grants a man’s motion for summary judgment against a woman suing him for trespass, nuisance, negligence and violation of the Federal Fair Housing Act in a dispute between the two over the boundary line between their properties. The woman’s trespass claim fails because she doesn’t offer evidence that the area being disputed actually belongs to her and she similarly fails to prove that she has a parking easement or that an easement is necessary for her. Since she fails to show the disputed portion of property belongs to her, her nuisance claim against the man for parking his construction vehicle there fails as well. However, the man fails to show that the woman is a mere trespasser on his property or that he couldn’t have predicted she’d try to park her car between the property she purchased and his construction vehicle.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: August 15, 2023, Case #: 1:21cv221, NOS: Housing/Accommodations - Civil Rights, Categories: Property, Emotional Distress, Housing
J. Barbadoro grants an injunction and $111,614 civil penalty against a user-owned digital content platform for offering unregistered crypto asset securities in violation of Section Five of the Securities Act. The platform continued to offer these unregistered securities even after the lawsuit against them was filed and it was clear that the SEC required that they register, which demonstrates a risk of future offending and makes the offenses that have occurred more serious than merely failing to register.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: July 11, 2023, Case #: 1:21cv260, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Injunction
J. Barbador denies both parties’ motions for summary judgment in a case where real estate developers are suing a town for violation of the Fair Housing Act by placing a year-long moratorium on issuing new building permits and approving new site plans, as well as adopting an ordinance that limits new residential construction, directly following the real estate developers’ proposal to develop affordable housing. The town’s claims that the developers failed to submit a formal site plan and that their proposed project fails to comply with an ordinance that has nothing to do with the moratorium they enacted fail to stand up under scrutiny because both claims relate to the specific development plan that was rejected rather than the proposed development and its goals.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: July 7, 2023, Case #: 1:21cv770, NOS: Housing/Accommodations - Civil Rights, Categories: Real Estate, Zoning, Housing
J. Barbadoro refuses to dismiss certain defamation and false light invasion of privacy claims against a journalist after he tweeted the 1st Amendment Praetorians were military extremists involved in the attack on the capitol. Several statements at issue could be viewed as objective statements of fact, rather than the journalist's interpretation of the facts.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: May 8, 2023, Case #: 1:22cv126, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Communications, Defamation