New England Biz Law Update

The removal of a diversity case by an in-forum defendant, in contravention of the 28 U.S.C. §1441(b) prohibition against removal by an in-forum defendant, is not jurisdictional in nature but merely a procedural defect that may be waived. Samaan v. ...

Tagged with: Feb. 29 2012 issue

Where (1) a corporation initiated a state court suit against a former consultant for alleged breaches of the confidentiality and noncompetition provisions of his employment agreement and (2) the consultant responded with a diversity suit in federal court claiming abuse ...

Tagged with: Feb. 29 2012 issue

Where (1) a number of employers have been sued by workers for allegedly violating the Massachusetts independent contractor statute and (2) a trade association representing those employers has responded with a federal suit claiming that the state statute is preempted ...

Tagged with: Feb. 29 2012 issue

The estate of a deceased insured is entitled to the proceeds of a group life insurance policy, as the insured was “totally disabled” when he stopped working. Scibelli, et al. v. Prudential Insurance Company of America (Lawyers Weekly No. 01-006-12) ...

Tagged with: Feb. 29 2012 issue

The phrase “legally obligated to pay as damages” in a commercial general liability policy covers only liability arising in tort and does not provide coverage for liability arising from a breach of contract. López & Medina Corp. v. Marsh USA, ...

Tagged with: Feb. 29 2012 issue

The whistleblower protection provision in the Sarbanes-Oxley Act applies does not extend to employees of private companies that are contractors or subcontractors to publicly traded companies. Lawson, et al. v. FMR LLC, et al. (Lawyers Weekly No. 01-035-12) (73 pages) ...

Tagged with: Feb. 29 2012 issue

An award of summary judgment in favor of a defendant employer charged with retaliatory transfer must be affirmed given a lack of evidence that the plaintiff employee’s pay, rank or duties changed after he was transferred. Ayala-Sepúlveda v. Municipality of ...

Tagged with: Feb. 29 2012 issue

A federal prison inmate could not seek damages for a violation of his constitutional rights from the employees of a private company that operated the facility. Minneci v. Pollard, No. 10-1104.  Jan. 10, 2012. Lawyers USA No. 993-3475.

Tagged with: Feb. 29 2012 issue

Must the appeal of a Merit Systems Protection Board decision that contains both disputed termination and unlawful discrimination claims be heard by the Federal Circuit, or do the federal district courts have jurisdiction? Kloeckner v. Solis, No. 11-184.Certiorari granted:  Jan. ...

Tagged with: Feb. 29 2012 issue

The First Amendment bars a disability discrimination suit brought by a teacher who was fired by a religious school. Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, No. 10-553.  Jan. 11, 2012. Lawyers USA No. 993-3481.

Tagged with: Feb. 29 2012 issue