14 results for 'judge:"Cabell"'.
J. Cabell denies a mayor’s motion for judgment as a matter of law, or alternatively a new trial, related to a verdict in favor of a developer on the developer’s contractual interference claim against the mayor, after city officials denied the developer permits he needed to develop a subdivision of homes. The mayor claims the use of the word “or” in the verdict form makes it unclear which contract he is determined to have interfered with, but the mayor raises this argument too late and had the opportunity to have done so earlier.
Court: USDC Massachusetts, Judge: Cabell, Filed On: May 1, 2024, Case #: 1:16cv11575, NOS: Other Civil Rights - Civil Rights, Categories: Municipal Law, Real Estate, Zoning
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J. Cabell grants employers’ motion to dismiss former employees’ actions against them, for firing employees who refused to be vaccinated against Covid-19 on religious grounds, for failure to state viable claims. One of the claims was that the employers were committing assault, which is not viable because they did not attempt to cause or actually cause physical harm to their employees by having a vaccine mandate. The former employees’ claims regarding the 14th Amendment are not persuasive. They also fail to adequately show that the state took action against them, so their arguments regarding their due process rights are also unpersuasive.
Court: USDC Massachusetts, Judge: Cabell, Filed On: August 1, 2023, Case #: 1:22cv11952, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Due Process, First Amendment
J. Cabell grants an adult film producer's motion for leave to serve a third-party subpoena on the internet service provider for an individual who allegedly downloaded and distributed scenes from 29 of its copyrighted films. The internet service provider is the only entity that can provide the individual's name and address so the producer can effectuate service of process.
Court: USDC Massachusetts, Judge: Cabell, Filed On: June 12, 2023, Case #: 1:23cv11180, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright
J. Cabell grants an adult film producer's motion for leave to serve a third-party subpoena on the internet service provider for an individual who allegedly downloaded and distributed scenes from 36 of its copyrighted films. The internet service provider is the only entity that can provide the individual's name and address so the producer can effectuate service of process.
Court: USDC Massachusetts, Judge: Cabell, Filed On: June 12, 2023, Case #: 1:23cv10942, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright
J. Cabell grants, in part, a company's motion for a protective order limiting the deposition of its principal in an individual's case pertaining to the loss of his eye after he fell onto a fishhook while serving as captain aboard the company's ship. The potentially 14-hour deposition will be limited to a total of 8 hours due to the principal's health difficulties.
Court: USDC Massachusetts, Judge: Cabell, Filed On: May 22, 2023, Case #: 1:22cv10408, NOS: Marine - Torts - Personal Injury, Categories: Civil Procedure, Maritime, Negligence
J. Cabell denies, in part, a mayor's motion for summary judgment on an individual's claims related to a city's refusal to grant him certain permits to develop a subdivision. Genuine issues of fact remain concerning the individual's claim for interference with contractual or economic relations.
Court: USDC Massachusetts, Judge: Cabell, Filed On: May 18, 2023, Case #: 1:16cv11575, NOS: Other Civil Rights - Civil Rights, Categories: Real Estate, Zoning, Contract