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Author Archives: David E. Frank

Nurse’s $1.2M jury verdict vacated by JNOV ruling

A Massachusetts Superior Court judge has set aside a $1.2 million jury verdict awarded to a nurse who claimed her employer, Massachusetts General Hospital, retaliated against her for taking time off under the Family and Medical Leave Act. The plaintiff ...

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Teacher cannot claim associational bias

A year after a U.S. District Court judge ruled that a law firm associate could not pursue an associational discrimination claim against his employer, a second member of the federal bench has reached the same conclusion in a suit brought ...

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Evidence of worker’s disability arbitrarily disregarded

A corporate benefits department abused its discretion when it denied a worker’s claim for continued benefits under a long-term disability income plan without addressing substantial evidence that she was disabled, a U.S. District Court judge has ruled. The plan administrator ...

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Suit against Bobby Orr back on litigation track

STATUS CONFERENCE Updating a case previously reported in Lawyers Weekly The parties Plaintiff Jiri Poner is a Czech national, who makes his living as a hockey talent consultant. Defendant Bobby Orr Hockey Group is a sports agency that happens to ...

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Decision subjects law firm to class action RICO claim

Civil litigators say a 6th U.S. Circuit Court of Appeals ruling allowing a class action racketeering suit to proceed against a Boston-based law firm sends a dangerous message to tax attorneys. In Ouwinga, et al. v. Benistar 419 Plan Services, ...

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Fired worker awarded $300K for emotional distress

The Massachusetts Commission Against Discrimination has found that an Office Max sales manager who accused her company of operating an “old boy’s network” was entitled to five years of front pay and $300,000 in emotional distress damages.

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Party in maritime suit can forego arbitration

The owner of a citrus fruit company could proceed with a federal lawsuit over damaged goods despite a clause in a bill of lading that called for all disputes to be resolved by an arbitrator in London, a U.S. District ...

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