44 results for 'judge:"Saylor"'.
J. Saylor denies in part several funds and their chairman’s motion for summary judgment against their former administrator who is being sued for breach of fiduciary duty and has asserted counterclaims for sexual harassment, creating a hostile work environment, retaliation for reporting harassment and failure to accommodate her Type 1 diabetes. The chairman repeatedly behaved inappropriately and made sexual comments to the administrator, such as telling her that he wanted her and had a crush on her and that his wife wasn’t taking care of him, attempting to kiss her against her will immediately after screaming and swearing at her after she gave told him his behavior made her uncomfortable, and if the breasts of an employee on medical leave for breast cancer were “any good.”
Court: USDC Massachusetts, Judge: Saylor, Filed On: May 3, 2024, Case #: 1:21cv10163, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Saylor denies both an equipment company’s motion to dismiss in part a complaint brought against it by an investment firm, and denies the investment firm’s motion for partial summary judgment. The investment firm is not limited to an in rem proceeding if it wishes to obtain title to the vessels. Remaining interest that the creditors have in the vessels once debts have been satisfied hasn’t been considered yet, preventing summary judgment.
Court: USDC Massachusetts, Judge: Saylor, Filed On: March 12, 2024, Case #: 1:23cv11658, NOS: Marine - Contract, Categories: Debt Collection, Maritime
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J. Saylor denies a car manufacturer’s motion to dismiss as to three claims against it but allows the dismissal of all other claims brought against it through a class action of purchasers and lessees. The class sufficiently brings evidence of its breach of implied warranty claim and fraudulent misrepresentation claim, and it also sufficiently alleges that the manufacturer violated the Transportation Recall Enhancement, Accountability and Documentation Act.
Court: USDC Massachusetts, Judge: Saylor, Filed On: March 8, 2024, Case #: 1:23cv10829, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Vehicle, Product Liability, Class Action
J. Saylor denies a subcontractor’s motion for summary judgment against a contractor that allegedly failed to pay it fully for its work. The contractor may have fabricated its desire to be provided as-built drawings, as the contract between the parties stipulated — rather than having the drawings given directly to its surety — as a way to avoid having to pay the subcontractor because the contractor’s president felt denigrated by the subcontractor's president. But there is not proof of this that could support summary judgment at this time.
Court: USDC Massachusetts, Judge: Saylor, Filed On: February 16, 2024, Case #: 1:22cv10238, NOS: Other Statutory Actions - Other Suits, Categories: Construction, Contract, Labor
J. Saylor grants in part a Dutch multinational corporation’s motion to dismiss claims brought against it by a business that makes medical equipment for federal agencies, which allegedly terminated a contract with the Dutch company in retaliation for repeatedly raising concerns related to government product certification. Wrongful termination applies, as a theory of liability, to employees but it not to commercial entities.
Court: USDC Massachusetts, Judge: Saylor, Filed On: February 12, 2024, Case #: 1:23cv11025, NOS: Other Contract - Contract, Categories: Health Care, Business Practices, Contract
J. Saylor grants in part some Boston-area restaurants’ motion to dismiss the lawsuit brought against them by a former employee, who worked for them as a chef, for allegedly violating the Fair Labor Standards Act and Massachusetts Wage Act. While all of the restaurants were connected, possibly by sharing a website and many employees, this doesn’t mean that the chef was an employee of all of the restaurants listed and therefore not all of them should be held accountable for claims related to employment.
Court: USDC Massachusetts, Judge: Saylor, Filed On: February 5, 2024, Case #: 1:22cv11867, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Employment Retaliation, Labor
J. Saylor partially denies a manufacturer's motion to dismiss the claims filed against it by the subrogee of a property owner whose property was damaged when a water supply line, made by the manufacturer and installed on the adjacent property, allegedly cracked. The subrogee sufficiently alleges its implied warranty claim.
Court: USDC Massachusetts, Judge: Saylor, Filed On: January 26, 2024, Case #: 1:23cv10679, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Insurance, Property, Warranty
J. Saylor grants in part an employer’s motion to dismiss claims of sexual harassment, national origin discrimination, retaliation and hostile work environment brought against it by a former employee from Uganda. Her discrimination claims are not dismissed, but even though her coworker harassed her and discriminated against her, since this coworker was not a supervisor and the coworker’s behavior was not caused by employer negligence, the employer isn’t liable for creating a hostile work environment.
Court: USDC Massachusetts, Judge: Saylor, Filed On: January 3, 2024, Case #: 1:23cv10533, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Saylor partly grants a major technology company’s motion to exclude the expert testimony of a smaller technology company suing it for willful patent infringement. The smaller company’s technical expert is not qualified to claim that the larger company’s product’s commercial success is directly or largely due to its allegedly patent-infringing features.
Court: USDC Massachusetts, Judge: Saylor, Filed On: December 20, 2023, Case #: 1:19cv12551, NOS: Patent - Property Rights, Categories: Patent, Experts, Technology
J. Saylor denies in part an employer’s motion to dismiss claims brought against it by its employee, who is Black, based on incidents including, but not limited to, her direct supervisor in 2019 decreasing her pay to reflect lower cost of living when she relocated but not doing the same for white employees who relocated similarly to areas with lower costs of living, asking her to work during her approved FMLA leave and reassigning a client she’d worked with for several years to a lighter-skinned employee of color with less experience and lying by claiming the client asked that she be removed. Her claims of emotional distress, discrimination and retaliation are dismissed but her claims for failure to accommodate a disability and interference with her FMLA, Massachusetts Paid Family and Medical Leave Act and Equal Pay Act rights are not dismissed.
Court: USDC Massachusetts, Judge: Saylor, Filed On: December 14, 2023, Case #: 1:23cv10417, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Saylor vacates a default and dismisses an amended complaint against Meta, Facebook’s parent company, by one of the social media platform’s users after his Facebook account, which he used for his business, was disabled with little explanation of why. Meta does not have the minimum contacts in Massachusetts necessary to establish jurisdiction for the court.
Court: USDC Massachusetts, Judge: Saylor, Filed On: December 1, 2023, Case #: 1:21cv11956, NOS: Arbitration - Other Suits, Categories: Communications, Jurisdiction, Technology
J. Saylor denies a car buyer’s motion for partial summary judgment against those who sold her a dangerous car and then repossessed the car from her driveway when she fell behind on payments. While the repossession of the vehicle would have required that the buyer give her consent if no judicial process was undertaken to repossess the car, the agent who towed the car away to repossess it said he received a note beforehand that said the car’s lienholder had spoken to plaintiff and the car was ready to be picked up, so he interpreted that as her consent.
Court: USDC Massachusetts, Judge: Saylor, Filed On: November 16, 2023, Case #: 1:22cv10769, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Property, Vehicle
J. Saylor certifies for interlocutory appeal the court’s conclusion that, if a Medicare reimbursement claim includes items or services stemming from an Anti-Kickback Statute violation, the claim must also be shown to constitute a false claim under the False Claims Act. Two different judges reached different conclusions on that issue in separate cases.
Court: USDC Massachusetts, Judge: Saylor, Filed On: October 25, 2023, Case #: 1:20cv11217, NOS: False Claims Act - Torts - Personal Injury, Categories: Fraud, Medicare, False Claims
J. Saylor partially denies a hospital’s motion for summary judgment against 160 employees suing it after it denied their applications for medical or religious exemptions to the Covid-19 vaccine. The hospital could have chosen not to accept any religious or medical exemptions based on undue hardship, but because it approved 234 exemptions, each employee making a claim based on having been rejected for the exemption has to be reviewed on an individual basis, and the number of exemptions that it takes to create an undue hardship is a matter of dispute. However, summary judgment can be granted in specific cases where an employee failed to provide proof of a medical condition.
Court: USDC Massachusetts, Judge: Saylor, Filed On: September 28, 2023, Case #: 1:21cv11686, NOS: Civil Rights - Habeas Corpus, Categories: Health Care, Covid-19, Employment Discrimination
J. Saylor grants in part a pharmaceutical company’s motion for summary judgment against the federal government, who is suing it for allegedly funneling money meant for charitable purposes into increasing sales of its own drug. The government provided enough facts to support that the company violated the Anti-Kickback Statute to withstand summary judgment, but did not sufficiently provide evidence to support that the company is guilty of unjust enrichment.
Court: USDC Massachusetts, Judge: Saylor, Filed On: September 27, 2023, Case #: 1:20cv11217, NOS: False Claims Act - Torts - Personal Injury, Categories: Health Care, Business Practices, Medicare
J. Saylor partially grants both parties' motions for summary judgment in the woman's product liability lawsuit alleging that the medical technology company's device, a vena cava filter, fractured after being implanted in her. Even though the device's instructions for use indicated that it is meant to be used as a permanent device, the woman fails to provide substantial evidence that the surgeon who implanted it specifically relied on that statement. However, the fact that she consented to the procedure does not mean she was made aware of its risks.
Court: USDC Massachusetts, Judge: Saylor, Filed On: September 20, 2023, Case #: 1:19cv11911, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Technology