37 results for 'judge:"Burroughs"'.
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. Burroughs denies a convenience store chain’s motion for judgment as a matter of law or a new trial after a brother and sister sued it for discriminating against them based on their disabilities and a jury found that the chain had discriminated against the brother and awarded him damages. The chain claims that the brother didn’t suffer any damages, but damages do not have to be financial, and he suffered a significant loss of independence and autonomy and the joy that such autonomy gave him, through having to switch from in-person shopping to shopping online due to the chain’s failure to make its store more easily wheelchair-navigable.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 26, 2024, Case #: 1:22cv10046, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Damages
J. Burroughs denies a software company and two of its executives’ motion to dismiss a class action brought against them by a retirement trust for allegedly making false and misleading statements about demand for, and sales of, the company’s software. While forward-looking comments are not actionable, false statements made about the present are.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 25, 2024, Case #: 1:22cv10321, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
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J. Burroughs grants an insurance company’s motion for judgment on its insured’s breach of contract claim and denies its motion for judgment on its insured’s bad faith claim. The insured failed to demonstrate how the insurance company failed to follow any of its insurance policies by delaying its decision of whether or not to defend the insured while it investigated the related incident and the legal action against the insured.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 12, 2024, Case #: 1:22cv11150, NOS: Insurance - Contract, Categories: Insurance, Wrongful Death, Contract
J. Burroughs grants an insurance company’s motion for a declaratory judgment exempting it from any obligation to defend a boat owner who approached another boat that struck a navigational aid and caused its passengers to enter the water, including one passenger who drowned, and who left the scene without providing assistance. The boat owner who left the scene failed to sit for an examination under oath.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 12, 2024, Case #: 1:22cv11401, NOS: Insurance - Contract, Categories: Insurance, Maritime, Wrongful Death
J. Burroughs denies a laser technology seller’s motion to dismiss claims brought against it by a medical cosmetic and gynecology company and its founder for allegedly fraudulently representing one of the seller’s laser products, which was intended to be used for hair removal and skin improvement, such as reducing wrinkles, but was difficult to use and not suited for use on all skin colors. The seller’s motion requires interpretation of its purchase agreement but it is unclear if the company and its founder received the full purchase agreement.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: January 23, 2024, Case #: 1:23cv10967, NOS: Other Contract - Contract, Categories: Fraud, Health Care, Consumer Law
J. Burroughs grants a man’s motion to amend his complaint against a company he alleges violated the Fair Credit Reporting Act and other laws by providing reports, to the fire department the man applied to work for, which included protected details of the man’s criminal record. The man sufficiently supports that false statements were made in the reports disclosed to the fire department.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: October 20, 2023, Case #: 1:21cv11533, NOS: Consumer Credit - Other Suits, Categories: Public Record, Defamation
J. Burroughs grants in part a former employee’s motion for his former employer to pay for his attorney fees and costs plus prejudgment interest following a judgment in his favor for his former employer’s failure to pay him some of his wages. The former employee is not entitled to fees to cover work that was performed towards unsuccessful claims, but he is entitled to some coverage and a process called the lodestar method is used to help determine the correct coverage of his attorney fees.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: October 3, 2023, Case #: 1:19cv10717, NOS: Other Contract - Contract, Categories: Employment, Enforcement Of Judgments, Attorney Fees
J. Burroughs partially grants judgment as a matter of law in favor of a pharmaceutical company being sued by another pharmaceutical company for patent infringement. Eli Lilly and Co.'s motion "is granted insofar as the patents-in-suit are invalid on the basis of inadequate written description and lack of enablement." However, its motion is denied as to the issue of future lost profits. The other company's expert based his future lost profit calculations on actual data as well as on Lilly's projections, and explained how he arrived at his own projections. The evidence that the jury relied on was not "impermissible speculation and guesswork," as argued by Lilly.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: September 26, 2023, Case #: 1:18cv12029, NOS: Patent - Property Rights, Categories: Patent, Damages, Experts
J. Burroughs denies the industrial companies' motion for summary judgment against the promotional products company's lawsuit accusing them of scheming to sabotage and bankrupt the promotional products company. Why one of the industrial companies stopped working with the promotional products company, and whether the industrial companies purchased products made using the promotional products company's molds, is unclear, so summary judgment is not appropriate.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: September 18, 2023, Case #: 1:20cv11955, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition, Contract
J. Burroughs partially dismisses the insurance company's racketeering claims against the biohazard remediation services company. To successfully state a claim for racketeering, the insurance company would have to establish a clear distinction between the person or people and the entity involved, beyond just naming the people involved separately if they are the enterprise's employees, agents or affiliates. The remediation services company's counterclaim for commercial disparagement is also dismissed, as the company fails to allege that the insurance company made statements about it knowing that those statements were false.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: August 23, 2023, Case #: 1:22cv11052, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Insurance, Racketeering
J. Burroughs grants in part a design and coding educator's motion to dismiss copyright claims brought against it by a graphic design educator and compel arbitration. The parties arbitration agreement is valid, so their dispute should be presented to an arbitrator who can determine its arbitrability. Because only the question of whether the case is arbitrable is being arbitrated and not the case itself yet, it is being stayed while arbitrability is determined, rather than dismissed.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: July 27, 2023, Case #: 1:22cv11404, NOS: Copyrights - Property Rights, Categories: Arbitration, Copyright, Trademark
J. Burroughs grants a real estate company’s motion for a summary judgment, including a motion for a declaratory judgment stating its right to a property, a motion for it to possess the property at issue and payment for past use and occupancy. The real estate company bought the property at a foreclosure sale, but a corporation continues to possess the property. However, the corporation does not oppose the real estate company’s motion.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: July 18, 2023, Case #: 1:21cv10781, NOS: Foreclosure - Real Property, Categories: Property, Real Estate, Foreclosure