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Author Archives: Pat Murphy

Shareholder can proceed with tech co.’s dissolution

A 50-percent shareholder in a computer technology company could show the existence of a “true deadlock” in corporate governance necessary to proceed with an action for involuntary dissolution under state law, the Massachusetts Supreme Judicial Court has decided. The plaintiff ...

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Supreme Court clamps down on state-court forum shopping

The U.S. Supreme Court capped off its latest term by handing two key victories to corporations seeking to avoid being sued in plaintiff-friendly state courts. In Bristol–Myers Squibb Co. v. Superior Court of California, the Supreme Court held that California ...

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Suit to enforce non-compete must be heard in California

A Massachusetts employer’s claims for breach of a non-compete agreement must be litigated in California where the defendant lives and worked for the plaintiff, notwithstanding a Massachusetts forum selection clause in the employment contract, a Superior Court judge has found. ...

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Nurse injured driving home for weekend entitled to comp

The “going-and-coming” rule did not apply to bar the workers’ compensation claim of a nurse who sustained serious injuries in an accident that occurred when she was driving home for the weekend during the course of a temporary job assignment ...

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Bar assesses Supreme Court’s nixing of structured dismissal

Bankruptcy attorneys see the U.S. Supreme Court’s recent decision rejecting a “structured dismissal” in a trucking company’s Chapter 11 case as potentially having a greater impact than the narrow holding might suggest. In Czyzewski v. Jevic Holding Corp., a Delaware ...

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General contractor liable for ‘loss of productivity’ by sub

A “no-damages-for-delay” clause in a construction contract did not bar claims for additional labor costs incurred by a subcontractor due to loss of productivity resulting from the general contractor’s failure to manage the project efficiently, the Massachusetts Appeals Court has ...

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‘Big Law’ clients seeing virtue of midsize firms

More and more, midsize law firms are finding themselves to be the better option for corporate clients that increasingly are questioning the value of paying big-firm rates for the handling of run-of-the-mill legal matters. That conclusion is borne out in ...

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Assets of closely aligned LLC subject to bankruptcy claims

A federal judge has determined that the assets of a limited liability company closely related to a construction business in Chapter 7 bankruptcy could be reached to satisfy the claims of the creditors of the bankruptcy estate. The decision resolves ...

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In-House with … Peter R. DeFeo of VetCor

Business has always been in Peter R. DeFeo’s blood. While attending Harvard Law School in the late 1980s, DeFeo ran a family airfreight trucking company, so the allure of making a business prosper was never far from his heart. “I ...

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Judge allows tort claims over rescinded job offer

A Hong Kong investment analyst pleaded fraud with sufficient particularity to proceed with an intentional misrepresentation claim against a Massachusetts company that rescinded a job offer shortly after he left the employment he had, a U.S. District Court judge has ...

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