8 results for 'judge:"Dein"'.
J. Dein denies, in part, a city and officer's motion to dismiss civil rights claims filed by two people who were injured when the car the officer was pursuing struck their vehicle. They have sufficiently alleged a violation of their due process rights under the Fourteenth Amendment.
Court: USDC Massachusetts, Judge: Dein, Filed On: January 5, 2024, Case #: 1:23cv11117, NOS: Other Civil Rights - Civil Rights, Categories: Vehicle, Negligence, Police Misconduct
J. Dein allows a restaurant owner’s motion to dismiss amended counterclaims brought against it by owners of a newer restaurant with the same name who it is suing for use of its trademarks. The owners of the newer restaurant fail to provide the evidence necessary to back their counterclaims of fraud and abandonment.
Court: USDC Massachusetts, Judge: Dein, Filed On: December 13, 2023, Case #: 1:23cv10567, NOS: Trademark - Property Rights, Categories: Fraud, Trademark
J Dein finds that a pharmacy owner has no personal liability to repay a lender. The lender required the pharmacy owner to continue to run the pharmacy he purchased via loan from it, and expected him to invest his own money into it, even after he told the lender that the pharmacy was accruing further debt and that he was prevented from keeping the inventory it needed. He had asked for advice from the lender multiple times on how to save the pharmacy without getting any advice or help before he turned the pharmacy back over to the lender.
Court: USDC Massachusetts, Judge: Dein, Filed On: September 20, 2023, Case #: 1:16cv10666, NOS: Other Contract - Contract, Categories: Debt Collection, Health Care, Banking / Lending
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J. Dein denies some motions from both parties in an individual's lawsuit against three insurance companies for unfair insurance claim settlement practices. The individual's motions to strike certain factual allegations and part of two experts' reports is denied, but his motion to withdraw a report is allowed. The insurance companies' motions to strike the individual's memorandum is denied but their motion to strike his statement of undisputed facts and memorandum of law is partially allowed and their motion to include an appeals court decision regarding the individual's post-trial fraud is allowed.
Court: USDC Massachusetts, Judge: Dein, Filed On: September 12, 2023, Case #: 1:20cv10652, NOS: Insurance - Contract, Categories: Insurance, Experts, Discovery
J. Dein allows in part a technology company’s motion for sanctions against its former employee for destruction of evidence, in a case where the former employee wiped his work laptop before returning it to the company, but claims that everything wiped from the laptop was downloaded onto two SD cards he provided. There is no way to verify that the information on the SD cards came from his work laptop or that they contain everything that was wiped and he doesn’t have a strong rationale for why he wiped the computer, which is against the company’s policies. As a result, it's not possible to prove that what was wiped was evidence that he spoiled, but he also cannot use calendar data on the SD cards to support his claims against the company for unpaid earned commissions, and he is responsible for compensating the company for the money it spent on forensic examinations of his work laptop.
Court: USDC Massachusetts, Judge: Dein, Filed On: July 18, 2023, Case #: 1:20cv11770, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Evidence, Sanctions