Ligotti v. Daly XXL Communs., Inc.

Ligotti v. Daly XXL Communs., Inc.

Opinion

MEMORANDUM AND ORDER

WOLF, D.J.

I. INTRODUCTION

In this case, plaintiff Joseph A. Ligotti, Jr. alleges that defendants Daly XXL Communications, Inc. ("Daly XXL"), WMEX Radio, LLC (together, the "Station Defendants"), and their owners and officers violated various federal and state laws when they terminated Ligotti's contract to host a program on their radio station. Ligotti also alleges that after firing him, defendants engaged in unfair competition and infringed his trademarks by using them, as well as his image and likeness, to advertise the station. Defendants concede that the claims alleging their misuse of defendants' trademarks state claims on which relief can be granted, although they assert those claims will prove to be unmeritorious. However, [*2]  defendants have moved for judgment on the pleadings concerning the remaining claims, counts V to XIII.

For the reasons explained below, the court is allowing defendants' for judgment on the pleadings except with respect t Count X (Breach of Contract) against Daly XXL and Count VI (Violation of the Massachusetts Wage Act). Accordingly, it is ordering judgment to enter for defendants on: Count V (Violation of Federal Employment Laws—Failure to Maintain Statutory Disclosures & Employee Notices); Count VI (Violation of the Massachusetts Wage Act), to the extent that it relies on lack of payment for unearned wages; Count VII (Failure to Produce Employee Records - Mass. Gen. Laws Chapter 149, § 52C); Count VIII (Violation of Massachusetts Employment Act, Mass. Gen. Laws Chapter 149 - Failure to Maintain Statutory Disclosures & Employee Notices); Count IX (Defamation); Count X (Breach of Contract), with respect to all defendants but Daly XXL; Count XI (Tortious Interference With Contractual Relations); Count XII (Intentional and Negligent Infliction of Emotional Distress); and Count XIII (Violation of Mass. Gen. Laws Chapter 93A).

II. LEGAL STANDARD

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