New England Biz Law Update

The Rehabilitation Act of 1973 does not entitle a plaintiff to relief when retaliation for his complaints about disability discrimination is a motivating factor in, but not the but-for cause of, an adverse employment action. Palmquist v. Shinseki (Lawyers Weekly ...

Tagged with: Sept. 31 2012 issue

An award of $30 million in fees to attorneys who achieved a class action settlement agreement must be vacated because the judge erred in finding that he had inherent federal equitable powers to fashion a fee award. In Re: Volkswagen ...

Tagged with: Aug. 31 2012 issue

An order denying a defendant employer’s motion to compel arbitration of a pregnancy discrimination claim asserted by an unsuccessful job applicant must be affirmed because of ambiguities in the arbitration clause language that must be construed against the defendant. Gove ...

Tagged with: Aug. 31 2012 issue

Rule modifies bias complaint process A final rule modifying the complaint process for federal employees claiming discrimination has been issued by the Equal Employment Opportunity Commission. The new rule allows an EEOC complaint challenging a proposal or a preliminary step ...

Tagged with: Aug. 31 2012 issue

Where a securities fraud complaint against a manufacturer of medical devices was dismissed, the dismissal order must be affirmed, as the statements forming the basis for the complaint were either not false or misleading or were made without the necessary ...

Tagged with: July 31 2012 issue

In finding that an insurance company did not have a duty to defend a policyholder accused of polluting a Superfund site, a U.S. District Court erred by considering only the timing of the policyholder’s alleged polluting activities, as Rhode Island ...

Tagged with: July 31 2012 issue

A defendant employer did not violate the Family and Medical Leave Act by terminating the plaintiff’s employment after she had exhausted 12 weeks of medical leave.

Tagged with: July 31 2012 issue

Where a defendant employer was awarded summary judgment on age discrimination claims asserted by plaintiffs who had been discharged as sales representatives, no reversal is warranted, as the defendant produced evidence to show that the discharges were performance-based. Cameron, et ...

Tagged with: July 31 2012 issue

A federal appellate court victory secured by a Boston law firm will make it much more difficult for future plaintiffs to prove a defendant willfully infringed on a patent.

Tagged with: July 31 2012 issue

Before the proverbial ink had dried on the online job posting of a newly created virtual law firm, more than 125 Massachusetts lawyers had submitted their resumes.

Tagged with: July 31 2012 issue