10 results for 'judge:"Wolf"'.
J. Wolf denies a manufacturer’s motion for summary judgment against a consumer bringing a class action against it in response to its hand sanitizer bottles, which claim on their front label to kill 99.99% of germs, but clarify on their back labels that they kill 99.99% of many common harmful germs. There is enough evidence for a reasonable jury to find the manufacturer’s advertising of its hand sanitizer bottles deceptive and for the consumer to have suffered an economic loss as a result of the deceptive advertising.
Court: USDC Massachusetts, Judge: Wolf, Filed On: March 29, 2024, Case #: 1:20cv11555, NOS: Other Fraud - Torts - Personal Property, Categories: Trade, Consumer Law, False Advertising
J. Wolf grants a religious institution’s motion to permit their expert to conduct an independent mental examination of a woman suing the group for injuries she allegedly suffered because she was sexually abused by the group’s priests while living as an orphaned child under their care. Controversy exists over the woman’s condition because her medical records are mostly handwritten notes written by her expert witness, who is her treating psychiatrist and psychotherapist, which the religious organization’s expert found unhelpful.
Court: USDC Maine, Judge: Wolf, Filed On: November 3, 2023, Case #: 1:22cv381, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Health Care, Experts
J. Wolf denies a software company’s motion to dismiss but grants its motion to transfer the lawsuit brought against it by those who intended to promote and sell, or buy and use, its software. The master services agreement between the parties mandates that the civil action be transferred to New York.
Court: USDC Massachusetts, Judge: Wolf, Filed On: September 29, 2023, Case #: 1:22cv10446, NOS: Other Fraud - Torts - Personal Property, Categories: Jurisdiction, Contract, Technology
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J. Wolf grants a medical device and pharmaceuticals company’s motion to dismiss a lawsuit brought against it by a patient whose stent, produced by the company, allegedly failed to expand properly in his artery. The company followed federal law in the creation of the stent, and is therefore protected from the patient’s claims.
Court: USDC Massachusetts, Judge: Wolf, Filed On: September 29, 2023, Case #: 1:21cv10241, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability
J. Wolf grants several motions for summary judgment of police officers being sued by a man after they attempted to pull him over for a traffic stop and then entered his home and arrested him. Summary judgment against the man, for his claims of unlawful entry, unlawful seizure and violating the Massachusetts Civil Rights Act, are granted because the officers have qualified immunity.
Court: USDC Massachusetts, Judge: Wolf, Filed On: September 22, 2023, Case #: 1:20cv10660, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Police Misconduct
J. Frink Wolf grants an insurance company’s motion for reimbursement for money it spent towards quieting the title of a property sold by one of the property’s prior residents. The insurance company seeks $143,924.13, which is granted because it would likely receive a judgment of an equal or greater sum.
Court: USDC Maine, Judge: Frink Wolf, Filed On: June 19, 2023, Case #: 2:23cv26, NOS: Other Contract - Contract, Categories: Insurance, Property, Real Estate
J. Frink Wolf recommends dismissing a former city employee’s claim that his firing, for allegedly slapping a subordinate’s buttocks, violated his due process rights. He failed to demonstrate that he was deprived of an established property interest through conscience-shocking government action. As an at-will employee, he could not reasonably consider his former job to be part of his protected property.
Court: USDC Maine, Judge: Frink Wolf, Filed On: June 7, 2023, Case #: 2:22cv317, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Property, Due Process