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Author Archives: Eric T. Berkman

Federal appeals court revives securities fraud claims

Biogen building

Investors could bring a securities fraud class action alleging that statements a biotech executive made about the results of an Alzheimer’s drug’s clinical trials were misleading, the 1st U.S. Circuit Court of Appeals has found. Alfred W. Sandrock Jr., chief ...

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Mass. SJC holds firing over personnel file rebuttal unlawful

An at-will employee who was fired when he filed a rebuttal letter for inclusion in his personnel file after being placed on a performance improvement plan could bring a wrongful discharge claim, the Massachusetts Supreme Judicial Court ruled in reversing ...

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Sex bias claims permissible under Titles IV, IX

A federal judge has found that a Lesley University employee could bring sex bias claims against the Boston school under both Title VII and Title IX. Plaintiff Micki Harrington claimed in her lawsuit that she was subjected to sexual harassment ...

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Noncompete unenforceable for inadequate consideration

A U.S. District Court decision voiding a noncompete under the Massachusetts Noncompetition Agreement Act provides a “glimmer of hope” for lawyers who have been awaiting guidance on how judges will interpret the 2018 statute, attorneys say. The MNAA, G.L.c. 149, ...

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Gig worker bound by ‘clickwrap’ arbitration agreement

A gig worker who cleaned houses through an online service provider that allegedly misclassified her as an independent contractor was bound by a “clickwrap” mandatory arbitration agreement, the 1st U.S. Circuit Court of Appeals has ruled. Plaintiff Maisha Emmanuel submitted ...

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Disability claimant’s condition ‘pre-existed’ work accident

A Rhode Island Superior Court judge has determined that an injured worker was properly denied accidental disability retirement benefits because she was not incapacitated as a “natural and proximate result” of a workplace accident. In seeking benefits, the claimant, plaintiff ...

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1st Circuit kicks ex-employee’s race-bias claim to arbitration

It is up to an arbitrator to determine arbitrability of a discrimination claim that a onetime employee brought against a company based on mistreatment he allegedly encountered as a contractor years after his period of employment ended, the 1st U.S. ...

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Non-union employees can’t recoup pre-‘Janus’ ‘agency’ fees

State workers who refused to join the public employees’ union were not entitled to recoup union “agency fees” that they were compelled to pay before the U.S. Supreme Court ruled that such arrangements were unconstitutional, the 1st U.S. Circuit Court ...

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Plaintiff lacks standing to sue over ex-employer’s background check

A plaintiff lacked standing to sue her former employer under the federal Fair Credit Reporting Act for conducting a background check when she was hired that did not technically comply with the statute’s disclosure requirements, a U.S. District Court judge ...

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