45 results for 'judge:"Casper"'.
J. Casper denies a man with a criminal past’s motion to dismiss claims brought against him by a website owner, who the former criminal sent threatening emails to and published critical content about after the webmaster published information about his criminal history. The webmaster met the burden of showing he has plausibly suffered more than $75,000 in damages.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 25, 2024, Case #: 1:23cv10134, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Public Record, Damages, Defamation
J. Casper allows four science companies’ motion to dismiss a lawsuit brought by a man who claims they violated the False Claims Act by allegedly causing Moderna and Pfizer to submit false claims to the federal government. The man fails to state who, specifically, at these companies falsely certified good manufacturing standards compliance of their vaccines to the government.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 15, 2024, Case #: 1:21cv10866, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Health Care, False Claims, Covid-19
J. Casper partially denies motions to dismiss brought forth by insurance companies against a representative of an estate suing them after her husband, the decedent, was killed due to injuries from a workplace accident and the insurance companies denied the representative’s request for coverage at their full policy limits. The statute of limitations isn’t based on when it became clear to the representative that the insurance companies were liable, but rather upon the insurance companies’ failure to respond to the representative’s settlement demands.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 13, 2024, Case #: 1:23cv11594, NOS: Insurance - Contract, Categories: Insurance, Wrongful Death, Premises Liability
J. Casper denies three insurance companies’ motion to dismiss the first amended complaint for breach of contract and seeking relief brought against them through a class action. Depreciation doesn’t necessarily include labor costs in an insurance policy that doesn’t expressly say that it does, because to assume otherwise wouldn’t interpret insurance policies liberally in favor of the insured.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 8, 2024, Case #: 1:22cv11466, NOS: Insurance - Contract, Categories: Insurance, Contract, Labor
J. Casper denies three insurance companies’ motion to dismiss the first amended complaint for breach of contract brought by insureds suing in a class action. Depreciation doesn’t necessarily include labor costs in an insurance policy that doesn’t expressly say that it does, because to assume otherwise wouldn’t interpret insurance policies liberally in favor of the insured.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 8, 2024, Case #: 1:21cv11047, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
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J. Casper allows the motion for partial summary judgment by a medical devices company against another medical company’s shareholders, which it wishes to hold accountable for the company’s alleged fraudulent transferal of assets, and it seeks to establish that an individual is the company’s alter ego. That person, acting as the company’s alter ego, breached a distributorship agreement and disregarded his non-compete obligations.
Court: USDC Massachusetts, Judge: Casper, Filed On: February 27, 2024, Case #: 1:21cv11644, NOS: Arbitration - Other Suits, Categories: Corporations, Fraud, Business Practices
J. Casper denies in part three employers’ motion to dismiss claims brought against them by a former employee. The former employee is not entitled to commissions on customer payments that occurred after she was fired, but there is a strong enough probability that her firing was timed to avoid paying her, so her claims of bad faith, unjust enrichment and quantum meruit cannot be dismissed at this time.
Court: USDC Massachusetts, Judge: Casper, Filed On: February 23, 2024, Case #: 1:23cv10419, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Casper denies a maritime transportation company’s motion to strike a supplemental expert disclosure of a worker, allegedly injured by exposure to asbestos on its vessels, and denies its two motions for summary judgment against the worker. The worker’s higher ranking officers’ statements about asbestos on the vessels is not inadmissable hearsay because the statements relate to matters within the scope of their employment.
Court: USDC Massachusetts, Judge: Casper, Filed On: February 1, 2024, Case #: 1:21cv11246, NOS: Marine - Contract, Categories: Employment, Maritime, Asbestos
J. Casper denies in part a town administrator’s motion to dismiss complaints brought against her by a former town employee, who was fired for allegedly false allegations against her after she voiced opposition to the administrator’s proposed alterations to historic town hall infrastructure and furnishings. A statute protecting state officials from being sued for First Amendment violations does not protect the administrator because she was acting as a municipal official, not a state official, in her interactions with the former town employee.
Court: USDC Massachusetts, Judge: Casper, Filed On: January 11, 2024, Case #: 1:23cv10647, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Municipal Law, Employment Retaliation
J. Casper enters judgment in favor of a seaman on part of one of HIS claims against the owner of the commercial fishing vessel he was the Captain of, over the owner’s ongoing duty to pay for maintenance cure after September 2020. The seaman’s “October 12, 2018 deposition testimony that ‘he only saw his cardiologist, infectious disease doctor and primary care physician every six months for checkups’” does not establish that he reached maximum medical recovery.
Court: USDC Massachusetts, Judge: Casper, Filed On: December 18, 2023, Case #: 1:17cv11248, NOS: Marine - Contract, Categories: Health Care, Maritime, Damages
J. Casper denies protesters’ motion for injunctive relief after they believed their First Amendment rights were violated when they were told they were not allowed to protest the innocence of a woman accused of murder directly outside the property of a potential witness. The government has a right to interfere with the protesters’ protests to protect the potential witness from being too intimidated to give truthful testimony, which would then impede the administration of justice in the murder trial.
Court: USDC Massachusetts, Judge: Casper, Filed On: November 10, 2023, Case #: 1:23cv12685, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Government, First Amendment
J. Casper partially allows a home purchasing couple's motion for monetary damages against the man from whom they bought their home. Specific performance and monetary damages can both be required and in this case monetary damages of $568,919 are required, "reflecting present value of additional interest over the 30-year life of the loan between 2.99% original rate and the 5.27% rate."
Court: USDC Massachusetts, Judge: Casper, Filed On: September 26, 2023, Case #: 1:21cv10815, NOS: Other Contract - Contract, Categories: Real Estate, Damages, Contract
J. Casper grants summary judgment against a teacher and school board member who was fired after she was found to have a history of creating and promoting homophobic, transphobic and anti-critical race theory content on TikTok. She claims her First Amendment right to free speech was violated but, as a public government figure, her right to that freedom must be balanced with the goals and wellbeing of the public, including her school district's LGBTQ+ and Black students, and of her state employer.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 25, 2023, Case #: 1:21cv11917, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment, First Amendment
J. Casper denies an insurance company's motion for a declaratory judgment, against a fuel company and a class of claimants who received fuel from it containing more than five percent diesel between 2012 and the present, stating there is no coverage under its commercial general liability (CGL) policy. The insurance company has a duty to defend the fuel company against any claimants who didn't start experiencing property damage from the fuel they purchased from it until after the CGL took effect.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 21, 2023, Case #: 4:22cv10517, NOS: Insurance - Contract, Categories: Insurance, Property, Damages
J. Casper allows the attorneys' motion to dismiss all claims brought against them by two Quincy residents suing them for alleged charges including, but not limited to, breach of contract, misrepresentation and legal malpractice. The residents fail to prove that the agent who assisted them in the purchase of a fraudulent beauty salon in Massachusetts did so under the authority of a law firm in New York, so their claims are dismissed for lack of jurisdiction.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 20, 2023, Case #: 1:22cv11417, NOS: Other Contract - Contract, Categories: Jurisdiction, Legal Malpractice
J. Casper dismisses the insured company's suit against the insurance company because the insurance company's policy clearly states that it does not cover damages from a dishonored check unless it was issued by its insured, its insured's agent, or by someone impersonating its insured or its insured's agent, which is not the case here.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 19, 2023, Case #: 1:22cv11980, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract
J. Casper grants a health company's motion to dismiss the children's hospital's claim for unfair and deceptive trade practices. Failing to submit claims in a timely manner is a failure to meet contractual obligations, but the company would need to use its poor performance to extract a benefit not agreed to in the contract to be guilty of unfair and deceptive trade practices.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 18, 2023, Case #: 1:22cv10689, NOS: Other Contract - Contract, Categories: Health Care, Trade, Contract
J. Casper denies a bike tour company's motion to dismiss claims brought against it by a Salem company relating to the purchase of a defective 15-person bike. The bike tour company claims the court lacks personal jurisdiction, but members of the bike tour company communicated with the Salem company representative while they were in Salem by phone, e-mail and text to transact business.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 18, 2023, Case #: 1:21cv11418, NOS: Other Contract - Contract, Categories: Jurisdiction, Business Practices, Contract
J. Casper allows some claims to proceed in the insurance agent company's complaint alleging that GEICO terminated the parties' agreement, wiped clean all of the company's computer systems and failed to make payments to the agent for insurance policies it wrote. The first-to-file rule doesn't apply in this case because the agent's claim that it was misclassified as an independent contractor in this case has substantial differences from claims made in a similar class action filed in Ohio. Also, the agent's breach of contract claim is plausible as to the wrongful suspension of its business.
Court: USDC Massachusetts, Judge: Casper, Filed On: July 24, 2023, Case #: 1:23cv10325, NOS: Other Contract - Contract, Categories: Insurance, Class Action, Contract