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Author Archives: noah.schaffer

Gimme shelter

To a large degree, an attorney working for one of the largest and most prestigious technology companies in the world must be wired to thrive under pressure. That she would face her most intense situations off the clock, however, surely ...

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Landlord and tenant – Commercial lease – Landlord’s duty to repair

Where a plaintiff was injured on premises leased by his employer from the defendant, the plaintiff is unable under applicable Massachusetts law to hold the defendant liable on a negligence theory. Fernandes v. AGAR Supply Company, Inc. (Lawyers Weekly No. ...

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Employment – Title VII – Disparate treatment – FMLA

A plaintiff sales associate for a gas station and convenience store could not hold his employer liable for disparate treatment after his hours were reduced when he returned from a medical leave. Cham v. Station Operators, Inc. (Lawyers Weekly No. ...

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Securities – Scienter

A securities fraud complaint must be dismissed for failure to plead facts justifying a reasonable inference of scienter with regard to public statements assuring the defendant corporation’s investors of the strength and depth of the backlog of orders at the ...

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MCAD’s last minute withdrawal of amicus brief rankles plaintiffs’ counsel

Representatives of a manufacturer who were allegedly owed sales commissions by an electronics company that went bankrupt could not sue the private equity firm that owned a majority stake in the company, a Superior Court judge in Massachusetts has decided.

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New England In-House honors Leaders in the Law

Last month Massachusetts Lawyers Weekly and New England In-House honored the 2010 Lawyers of the Year and the 2011 In-House Leaders. More than 400 honorees and guests gathered to celebrate their accomplishments.

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Web-mail subpoenas complicate e-discovery

With the enduring popularity of web-based mail services like Hotmail, Yahoo! Mail and Google’s Gmail, it’s hardly surprising that courts have found themselves considering requests in civil lawsuits for electronic discovery of e-mail messages. But with many people using these ...

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Federal judge: Summary judgments threaten civil rights

Employer-side attorneys are refuting a federal judge’s recent claim that a rise in summary-judgment decisions in employment cases is threatening the system of judicial protections for civil rights. U.S. District Court Judge Nancy Gertner – the keynote speaker at the ...

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Last-minute evidence earns exec $5M verdict

Lawyers who recently won a $5 million jury verdict in a breach-of-contract suit in the Massachusetts Business Litigation Session say their case was bolstered when the defense changed its strategy on the eve of trial, making available crucial evidence that ...

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