The U.S. District Court in Massachusetts could hear both compulsory and permissive counterclaims filed by a telecommunications company in response to a federal suit to block enforcement of a state administrative order, the 1st U.S. Circuit Court of Appeals has found in a case of first impression.
Read More »Employer’s fee request denied
A company that prevailed in a lawsuit brought by its former general counsel could not recoup litigation costs in the absence of a contractual clause, rule or statute specifically providing for that remedy, the 1st U.S. Circuit Court of Appeals has ruled.
Read More »Taxpayer’s ‘disparate treatment’ claim vs. IRS fails
The IRS did not violate due process principles by assessing a federal excise tax against a manufacturer of hydraulic boat trailers but not its competitors, the 1st U.S. Circuit Court of Appeals has found.
Read More »Court slashes fees for whistleblowers’ lawyer
Initially sought $288K; awarded only $25,000
Read More »Expert testimony invalid without evidentiary basis
Judge orders new trial in patent case
Read More »Fired worker is owed unused vacation days
An employer violated the Massachusetts Wage Act when it refused to pay a fired employee for his unused vacation time, the state Supreme Judicial Court has decided. The employer — whose written policy provided that any employee who left on ...
Read More »Employee recovers over personnel-manual breach
An employer that fired a worker without providing the prior warning or suspension called for under the disciplinary policy in its personnel manual violated an implied employment contract, the Massachusetts District Court/BMC Appellate Division has ruled. The plaintiff employee did ...
Read More »Temp agency’s confidentiality agreement struck down (805)
A temp agency could not fire an employee for violating a confidentiality provision that barred him from disclosing to any “other parties” the terms of his employment, the 1st U.S. Circuit Court of Appeals has decided.
Read More »‘Workpapers’ protected from disclosure to IRS
Tax-accrual workpapers prepared by a company to determine how much cash it should reserve in case the IRS disputed its tax returns were protected by the work-product doctrine, the 1st U.S. Circuit Court of Appeals has ruled.
Read More »Sick pay due despite changes to personnel manual
A retiring employee could cash in unused sick time he accumulated before his employer reduced the compensation rate for accrued sick leave, the Massachusetts Appeals Court recently decided.
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