14 results for 'judge:"Laplante"'.
J. Laplante determines the opinion of one of a group of property owners’ experts is inadmissible in this case, where the property owners are suing corporations whose manufacturing facility released toxic chemicals into the surrounding area, including the property owners’ groundwater. The property owners have other experts and didn’t object to this expert being excluded in their briefs.
Court: USDC New Hampshire, Judge: Laplante, Filed On: December 29, 2023, Case #: 1:16cv242, NOS: Torts to Land - Real Property, Categories: Environment, Water, Experts
J. Laplante certifies a class of property owners suing corporations for releasing toxic chemicals from a manufacturing plant into the surrounding area. Though the corporations claim that the property owners’ claims cover a wide range of issues not all suffered across the class, the property owners’ claims of trespass, negligence and negligent failure to warn all have to do with the corporations’ liability and are issues that can be jointly resolved across the class.
Court: USDC New Hampshire, Judge: Laplante, Filed On: December 29, 2023, Case #: 1:16cv242, NOS: Torts to Land - Real Property, Categories: Environment, Water, Class Action
J. Laplante finds that a former employee's claims against his employer survive his former employer's motions for summary judgment, except his claim related to associational discrimination for hiring a disabled employee, which falls outside the ADA's association provision. His claim related to the Whistleblower Protection Act is dismissed because it relates to behaviors he engaged in after his employment ended and his state law claims are dismissed because he wished to have two companies recognized together as his single employer and New Hampshire doesn't recognize this definition of a single employer.
Court: USDC New Hampshire, Judge: Laplante, Filed On: August 31, 2023, Case #: 1:21cv968, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Employment Discrimination, Whistleblowers
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J. Laplante partially grants an insured’s motion to dismiss claims brought against it by its insurers, who are seeking to avoid covering and defending the insured in 10 class actions against it. Some of the claims were filed by the insurers more than six months after the lawsuits were filed against the insured, so those claims are dismissed for their untimeliness, but the claims that were filed in a timely manner are not dismissed.
Court: USDC New Hampshire, Judge: Laplante, Filed On: August 18, 2023, Case #: 1:22cv79, NOS: Insurance - Contract, Categories: Insurance, Class Action
J. Laplante partially grants a large software company’s motion to dismiss a smaller company’s claims against it for poor performance and misrepresentation in its recommendation and implementation of new software at the smaller company. The smaller company’s contract, bad faith, negligence and part of its fraud claims are dismissed, while its New Hampshire Consumer Protection Act claim and part of its fraud claim are not, because the smaller company sufficiently supports the latter claims with facts.
Court: USDC New Hampshire, Judge: Laplante, Filed On: August 15, 2023, Case #: 1:22cv397, NOS: Other Contract - Contract, Categories: Fraud, Consumer Law, Technology
J. Laplante grants in part a motion for summary judgment from individuals and a church group against a reverend who is suing them for defamation. While they correctly identify the reverend as a limited-purpose public figure, the actual malice standard still applies to some of their allegedly defamatory statements.
Court: USDC New Hampshire, Judge: Laplante, Filed On: August 9, 2023, Case #: 1:21cv131, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Communications, Defamation
J. Laplante grants an attorney's motion for summary judgment against an individual he represented who is suing him for legal malpractice. The represented individual fails to show proof that the attorney's actions harmed him, because he continued to litigate after attorney withdrew, and he fails to provide an expert witness who can substantiate essential parts of his claims against the attorney.
Court: USDC New Hampshire, Judge: Laplante, Filed On: July 28, 2023, Case #: 1:22cv125, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Legal Malpractice
J. Laplante grants a landlord’s motion to exclude its tenant’s gathered expert opinions regarding recommended HVAC repairs from what will be presented to a jury. The tenant planned to use the expert opinions to show that the landlord failed to make recommended repairs as part of the tenant’s defense for nonpayment of rent, but the tenant failed to disclose that it had gathered such expert opinions within the required timeframe.
Court: USDC New Hampshire, Judge: Laplante, Filed On: July 14, 2023, Case #: 1:21cv1070, NOS: Rent Lease & Ejectment - Real Property, Categories: Evidence, Landlord Tenant, Experts
J. Laplante denies a Social Security benefits applicant’s motion to reverse and remand a Social Security Commissioner’s denial of his disability insurance benefits. While the applicant has obstructive sleep apnea, PTSD and degenerative disc disease, he is still able to work as a spooling machine operator. While the applicant has some limitations, as noted by the clinicians who evaluated him, they are moderate, not severe or extreme.
Court: USDC New Hampshire, Judge: Laplante, Filed On: July 14, 2023, Case #: 1:23cv30, NOS: DIWC/DIWW (405(g)) - Social Security, Categories: Insurance, Social Security
J. Laplante denies a couple’s claim that, following the wife suffering injuries from slipping and falling at a bar, its insurance provider is required to pay the almost $400,000 judgment against the bar to plaintiffs. The insurer wasn’t notified of the incident until approximately four months after the default judgment was entered, and while there are narrow circumstances that would require an insurer to cover a judgment even with a delay, those circumstances weren’t present in this case and there was no rationale to justify the delay.
Court: USDC New Hampshire, Judge: Laplante, Filed On: May 22, 2023, Case #: 1:21cv846, NOS: Insurance - Contract, Categories: Insurance, Premises Liability