New England Biz Law Update

Where a federal judge concluded that an insurer had no duty under a commercial general liability policy to defend or indemnify a developer who was sued in a Massachusetts state court for injuries allegedly sustained in the course of construction ...

Tagged with: June 30 2012 issue

Where (1) a plaintiff aircraft repair company, which held a commercial general liability policy with the defendant insurance agency, was sued, (2) the defendant disclaimed both coverage and any duty to defend and (3) a U.S. District Court then ruled ...

Tagged with: June 30 2012 issue

The fact that certain tasks associated with a particular position can be either reduced, reassigned or reallocated to a subordinate does not, by itself, render them non-essential. Jones v. Walgreen Co., et al. (Lawyers Weekly No. 01-125-12) (27 pages) (Torruella, ...

Tagged with: June 30 2012 issue

Where a putative class action was brought alleging that the defendant violated the Driver’s Privacy Protection Act by sending out advertisements along with motor vehicle registration renewal notices pursuant to a contract with the Massachusetts Registry of Motor Vehicles, a ...

Tagged with: June 30 2012 issue

It is up to an arbitrator, not a U.S. District Court judge, to decide whether an arbitration clause in an employment agreement is unenforceable in that it imposes a one-year limitations period. Escobar-Noble v. Luxury Hotels International of Puerto Rico, ...

Tagged with: June 30 2012 issue

A city that had a rational basis for forgiving the tax debts of some property owners but not others did not violate the Equal Protection Clause. Armour v. City of Indianapolis, No. 11-161. June 4, 2012. Lawyers USA No. 993-3852

Tagged with: June 30 2012 issue

A defendant that prevailed in a personal injury case filed in federal court could not recover its costs for translating documents from Japanese to English. Taniguchi v. Kan Pacific Saipan, Ltd., No. 10-1472. May 21, 2012. Lawyers USA No. 993-3819

Tagged with: June 30 2012 issue

Noted labor and employment attorney Harold L. Lichten was feeling A-OK as he put the finishing touches on his preparations for an oral argument before the Massachusetts Supreme Judicial Court.

Tagged with: June 30 2012 issue

Kenneth Flynn is no lawyer, but he’s not afraid to go toe to toe with them. A construction company owner, Flynn recently found himself jousting with California attorneys representing Judicial Arbitration and Mediation Services Inc., better known as JAMS, in ...

Tagged with: June 30 2012 issue

Bill bars insurance for civil penalties Legislation that would prohibit officers, directors and employees from buying insurance shielding them from personally paying compensation clawbacks or civil penalties for harmful actions they commit has been introduced in the U.S. House of Representatives. ...

Tagged with: June 30 2012 issue