Lawsuits

By - 5/23/13 - 8:56 am

An arbitrator says Carney Hospital has to rehire six of the twelve nurses it fired in 2011 in a scandal involving physical and sexual abuse of patients in its adolescent psychiatric unit.

Arbitrator Philip Dunn said that while the hospital proved "a stunning level of dysfunction" in the ward, it was wrong to fire every single worker in an attempt to end a "deviant culture"... Read more

By - 5/18/13 - 10:22 am

Aston Martin Lagonda and an Aston Martin dealership in Waltham are racing at each other full speed in a dispute over whether the car company - whose cheapest model goes for $122,400 - can open another dealership in Wayland.

Aston Martin of New England on Linden Street in Waltham, says the plan would cut its sales dramatically and wants $3 million in... Read more

By - 5/16/13 - 11:43 am

The Supreme Judicial Court ruled today that Our House East on Gainsborough Street engaged in "unfair or deceptive conduct" under the state's consumer-protection law by building an illegal and unsafe staircase down which Jacob Samuel Freeman fell to his death while talking on his cell phone in 2007.

However, the court sent the case back to a lower-court judge to reconsider the monetary awards,... Read more

By - 5/15/13 - 9:41 pm

The lawyer for Ron Newman, one of the LiveJournal 102, is firing back at local entrepreneur Jonathan Monsarrat with an 18-page letter that demands the $5.5-million suit be dropped immediately, unless Monsarrat and his lawyers want to face counter claims for filing a frivolous lawsuit.

The suit names only two people specifically and then refers to 100 "John or Jane Does." A number... Read more

By - 5/13/13 - 11:04 am

The Supreme Judicial Court ruled today that doctors' first responsibility is to their patients, not to the public at large.

The decision comes in suit by a man who wanted damages from a Mass. General neurologist whose patient suffered a seizure and crashed into him.

Richard Medina required multiple operations to repair the arm damage done in the 2001 crash and said Dr. Fred Hochberg... Read more

By - 5/10/13 - 7:46 am

Vickie Henry and Claire Humphrey yesterday sued the IRS, alleging rules that prohibit them from filing tax returns as a married couple unconstitutionally taxes them at a higher rate than other married people.

The pair, who filed their suit in US District Court in Boston, say they have filed amended returns listing them as married for 2007 and 2009 and want a refund on their... Read more

By - 5/5/13 - 7:22 pm

A Somerville man's lawsuit over posts on the local LiveJournal and on the local newspaper Web site went national today, in a request for legal help for Ron Newman, named in the suit.

Meanwhile, lawsuit bringer Johnny Monsarrat has been busy digging up the names behind comments he doesn't like and sending them letters warning them to take down their comments or... Read more

By - 5/4/13 - 9:38 am

A tiny company called Lexington Luminance is suing both Amazon and Google over a patent it claims is violated by the LEDs used in the companies' tablets.

Boston University this week filed its own LED patent lawsuit against Amazon over the LEDs used in its Kindle tablets.

Yesterday, Formosa Epitaxy, the company that makes the LEDs that Google uses in its Nexus 7 tablets,... Read more

By - 5/3/13 - 7:42 am

Boston University yesterday sued Amazon.com, charging the LEDs used in its Kindle tablets violate a patent the university holds on making the lights.

BU, which has already sued several LED manufacturers, says the lights infringe on work by Theodore Moustakas, a BU professor of electrical engineering and computer science, on "growing" LED components out of gallium nitride.

BU alleges that Amazon.com... Read more

By - 5/2/13 - 7:51 am

Homegrown Karmaloop and some California woman who leads an organization for "professional groupies" are battling over the right to sell things with the word "Plastics" on them.

In a pre-emptive strike, Karmaloop this week sued Yvonne Nicoletti, a.k.a. Lexxa Vonn, for the right to continue producing trucker hats that say "PLASTICS" on the front and "She's fabulous but she's evil" on the lower brim.... Read more

By - 5/1/13 - 9:58 am

Mike O'Dea yesterday filed a federal lawsuit against Warner Bros. over its plans for a movie called "The Ghostman," about a thief who evades the FBI, saying it infringes his trademark on a comic book and movie he is working on called "Ghostman" about a thief who evades the FBI.

In his suit, filed in US District Court in Boston, O'Dea says he has been... Read more

By - 5/1/13 - 7:43 am

Our own Ron Newman, a longtime participant in the Davis Square LiveJournal community, reports that he, former Somerville Journal editor Deb Filcman and 100 "John and Jane Does" are being sued for more than $5 million for libel by Turbine founder Johnny Monsarrat. At issue: A lengthy LiveJournal discussion and a couple of Wicked Local blog posts about Monsarrat's... Read more

By - 4/25/13 - 8:05 am

A Norfolk County resident yesterday filed a class-action suit against Ford because she's only getting 32 m.p.g. with her new Ford C-Max rather than the 47 m.p.g. the company promotes in its commercials.

Marianne Cibeu is seeking at least $5 million in damages, for both herself and other members of what she says is a large class of similarly disgruntled Massachusetts purchasers of 2013 C-Max... Read more

By - 4/12/13 - 8:46 am

The Jamaica Plain Gazette reports residents who want to see the Casey Overpass replaced with another overpass instead of surface roads are considering suing to stop the work:

"No one prefers to go that route if there's a reasonable solution,” he told the Gazette this week. "But all our arrows are in our quiver."

At particular issue: The proposed new location of the exit... Read more

By - 4/11/13 - 9:02 am

Paula Soto, who shows documentaries in the community room of her apartment building, yesterday filed suit against the city of Cambridge, which she says is infringing her First Amendment rights by threatening to fine her for the leaflets she used to put on hundreds of car windshields each month.

In her suit, filed in US District Court in Boston, Soto charges Cambridge is the only... Read more

By - 4/4/13 - 8:18 am

A lawsuit by key members of the local taxi industry against upstart Uber is now a federal matter - San Franisco-based Uber yesterday had the suit transferred from state court to US District Court in Boston.

In the suit, Boston Cab Dispatch and EJT Management charge Uber, which lets customers use a smart-phone app to arrange a ride, violates state law, which requires taxis in... Read more

By - 3/22/13 - 8:26 am

A woman with a lawsuit against Michaels for allegedly using her Zip code to find out where she lived and bombard her with junk mail this week filed a similar lawsuit against Bed Bath and Beyond.

Melissa Tyler is seeking more than $5 million in a class-action suit, charging the way the chain collects and uses Zip codes from customers violates Massachusetts consumer-privacy laws.

Earlier... Read more

By - 3/22/13 - 8:06 am

Boston University yesterday sued Samsung for patent infringement, alleging it holds the rights to the way Samsung is making LEDs and similar electronic components.

In its lawsuit, filed in US District Court in Boston, the university charges that Samsung's charmingly named SPHWWTHDD805WHT0GD violates a patent for creating "highly insulating monocrystalline gallium nitride thin films."

The university says the patent is based on... Read more

By - 3/18/13 - 10:58 am

The Supreme Judicial Court ruled today a filmmaker making a documentary about a Somerville cop convicted of child rape has no right to a stenographer's audio recording of the trial because he was able to buy a copy of the official transcript she produced.

At issue is recordings made during the trial of Keith Winfield, a Somerville police officer convicted in 2007 burning and... Read more

By - 3/15/13 - 9:23 am

Days after the Supreme Judicial Court ruled stores could no longer force consumers to supply their Zip codes on credit-card purchases, a second Massachusetts resident has sued a chain of craft stores for violating a Massachusetts consumer-privacy law.

In her lawsuit, filed yesterday in US District Court in Boston, Susan D'Esposito says Michaels fed her Zip code into a database program to find out... Read more

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