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Commercial – Trade secrets
Where a plaintiff has moved to dismiss a counterclaim that alleges misappropriation of trade secrets, that motion should be denied because the defendant has plausibly alleged that its estimating formulas, pricing strategies, and customer lists constitute trade secrets, that it took reasonable steps to preserve their secrecy, and that one of its employees improperly used the information to economic[...]
Employment – Vaccination
Where a plaintiff was terminated after she refused, on religious grounds, to be vaccinated against COVID-19 in accordance with the defendant employer’s vaccination mandate, the plaintiff has not produced evidence that the vaccine mandate disparately impacted evangelical Christians, but summary judgment should be denied on her religious discrimination claims under Title VII and Chapter 151B, as g[...]
Employment – Vaccination – Undue hardship
Where a hospital employee was fired after she refused to receive a COVID-19 vaccine, the hospital is entitled to summary judgment on the employee’s religious discrimination claim, as no reasonable jury could conclude that the hospital could have accommodated the employee’s request for a religious exemption from its COVID-19 policy without incurring significant costs that, taken together, amoun[...]
Flight attendant accused of secret airplane bathroom recordings sentenced to 18.5 years
A flight attendant accused of taping his cellphone to the lid of an airplane toilet to secretly film young girls was sentenced to just under 20 years in prison on July 23.
Criminal – Dismissal – Prejudice
Where the United States sought dismissal of an indictment following the deportation of the defendant, the dismissal should be with prejudice to reindictment on the same charge.
Education – Title IX – Limitations
Where a plaintiff has alleged that he was sexually harassed and assaulted by a teacher employed by the defendant city of Woburn in 1996 while the plaintiff was a student at Kennedy Middle School, the plaintiff’s Title IX claim has been time-barred since approximately 2004, so it must be dismissed.
Administrative – Passport sex markers
Where (1) a complaint was filed challenging two changes that the State Department made to its policy concerning passport sex markers, (2) a preliminary injunction was entered barring enforcement of the passport policy against six of the seven original plaintiffs and (3) the complaint was subsequently amended to add five additional plaintiffs, a motion by the plaintiffs to certify two classes shoul[...]
Tort – FTCA – Immunity
Where a plaintiff has alleged that a Customs and Border Protection officer forced unwanted sexual contact upon her and unlawfully seized her luggage while she was in custody at an airport, one of her claims under the Federal Tort Claims Act must be dismissed because that claim does not fall within the FTCA’s waiver of sovereign immunity.
Employment – Wages – FLSA
Where a plaintiff has alleged that the defendants failed to pay minimum wage and overtime to certain employees and unlawfully retained their tips, the plaintiff has plausibly alleged the existence of putative class and collective members whose claims could be resolved on a class-wide basis, so the defendants’ motion to strike the class allegations and dismiss the collective action allegations sh[...]
Judge: government can’t limit passport sex markers for many transgender, nonbinary people
A federal judge has blocked the Trump administration from limiting passport sex markers for many transgender and nonbinary Americans.
Patent and trademark – Stay – IPR
Where a defendant in a patent infringement suit has moved for a stay pending inter partes review, the motion should be allowed because (1) the case is still in the early stages of litigation, (2) the IPR process may very well simplify the issues, and (3) the plaintiff will not be unduly prejudiced by a stay.
Immigration – Detention – Habeas corpus
Where a lawful permanent resident has filed a petition for a writ of habeas corpus under 28 U.S.C. §2241 seeking an order of immediate release from detention, the petition should be granted because the petitioner has established that his ongoing detention is in violation of the laws of the United States and that he is entitled to immediate release.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
