New England Biz Law Update

A pair of insurers that defended claims against a policyholder under a reservation of rights and later obtained a declaration that the claims were not covered could not recoup costs they had advanced up to that point, a Superior Court ...

A computer programmer from India who filed a declaratory action to void a noncompetition agreement he signed after coming to the United States had to litigate the action in Michigan pursuant to a forum-selection clause in the noncompete, a federal ...

A public school teacher who claimed her principal withdrew his approval for her to participate in an alternative licensure program and gave her negative evaluations after she complained of harassment by a male student could bring a retaliation claim against ...

A class-action waiver in a mandatory arbitration agreement between a Domino’s Pizza franchisee and its employees could not be enforced against delivery drivers asserting wage and tip law violations, a U.S. District Court judge has ruled. The plaintiff was a ...

A technology company that breached its state contract by falsely certifying it had paid its subcontractors on time could not recover damages from the project owner for allegedly withholding payment for completed work, a Superior Court judge in the Massachusetts ...

Restaurant managers who worked for the same chain but at different, separately incorporated locations could bring a class action against the parent corporation for allegedly depriving them of paid break time in violation of the state Wage Act, a Superior ...

Shareholders of EMC Corp. could not bring a direct class action accusing company directors of breaching a fiduciary duty by recommending EMC’s sale for an allegedly inadequate price, a Superior Court judge in Massachusetts has ruled in a case of ...

A confidentiality agreement that an employee signed in 2005 in conjunction with a separate employment agreement was no longer enforceable after the employee executed a new employment agreement in 2012 that made no reference to any existing confidentiality agreement, a ...

A maternity patient at Boston Medical Center who was sexually assaulted by a non-clinical employee that was alone with her in violation of institutional policy could bring a negligent supervision action against the hospital, the Appeals Court has ruled. A ...

The “community-of-interest privilege” protected a defendant company from having to produce — in the context of a patent dispute with a competitor — a chain of emails discussing legal implications of a non-finalized licensing agreement between it and a third-party ...