OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS (Docs. 23, 24, 25) CHRISTINA REISS, District Judge. This matter came before the court on May 6, 2010 for oral argument on the motions to dismiss filed by Defendants, Dairy Farmers of America, Inc. ("DFA"), Dairy Marketing Services, LLC ("DMS"), Dean Foods Company ("Dean"), and HP Hood LLC ("Hood") (collectively, "Defendants"). Defendants seek dismissal of the Amended Complaint filed by Plaintiffs, Alice H....
Opinion and Order WILLIAM K. SESSIONS, Chief Judge. Plaintiff Susan Mead has sued Defendant ReliaStar Life Insurance Company ("ReliaStar Life") for failure to pay long-term disability ("LTD") benefits. She seeks a declaration that she is entitled to LTD benefits under her former employer's policy, plus interest, costs and attorney's fees. On the parties' cross-motions for summary judgment, Mead's Motion for Summary Judgment, ECF No. 85, is granted in part; ReliaStar Life's Motion for...
RULING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, DEFENDANT'S CROSS MOTION FOR SUMMARY JUDGMENT, AND PLAINTIFF'S MOTION TO STRIKE (Papers 45, 48, and 52) J. GARVAN MURTHA, Senior District Judge. This is a patent infringement case dealing with studded rubber overshoes. Plaintiff Chet's Shoes, Inc. ("Chet's Shoes") requests an injunction and declaratory judgment that its products do not infringe two patents held by defendant Sidney Kastner ("Kastner"). Kastner, in turn, counterclaims for...
OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION IN LIMINE (Doc. 77) CHRISTINA REISS, District Judge. This motion came before the court on Defendants Lorie Ellerton's and Erika Benhamron's ("Defendants") motion for partial summary judgment and/or motion in limine as to Plaintiffs claim for pain and suffering damages (Doc. 77). Defendants assert that, in accordance with admiralty choice of law principles, Canadian law governs...
OPINION AND ORDER WILLIAM K. SESSIONS III, Chief Judge. Plaintiff Ethel Kellogg brings suit against the brand name and generic manufacturers of metoclopramide ("MCP") for strict product liability, breach of express and implied warranties, negligent misrepresentation, fraud and fraud by concealment. She alleges that the medication caused her to develop tardive dyskinesia, a neurological disorder causing involuntary repetitive tic-like movements. Defendants Wyeth and Actavis, Inc. have moved...
MEMORANDUM OPINION AND ORDER WILLIAM K. SESSIONS III, Chief Judge. Plaintiff Ralph Fretta filed this action pursuant to the Employee Retirement and Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001-1461, in response to the denial of his short-term disability benefits claim by Defendant Liberty Life Assurance Company of Boston ("Liberty Life"). Cross-motions for summary judgment are currently pending before the Court. For the reasons set forth below, Liberty Life's motion (Doc. 12) is...
OPINION AND ORDER J. GARVAN MURTHA, Senior District Judge. Plaintiff William Ray Costello, proceeding pro se, brings this action claiming that the defendants interfered with his First Amendment right to preach in a public place. In June 2007, he was twice approached by police while preaching loudly on Church Street in downtown Burlington. On the first occasion, he was informed that he needed a permit. On the second, he was issued a written warning for violating the City's noise ordinance....
