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Author Archives: Thomas E. Egan

Auto-maker had no duty to defend

An auto manufacturer did not have a duty to defend a motor vehicle dealer in a suit brought by a purchaser of a vehicle plagued by alleged “nonconformities,” the Supreme Judicial Court has ruled. “The issue on appeal is one ...

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Class action against cable co. reinstated

 The 1st U.S. Circuit Court of Appeals has reversed a federal District Court judge’s decision to dismiss a class action against Charter Communications for failing to provide credits to its customers for their loss of cable, Internet and telephone service ...

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Employer liable over ‘per diem’ paid to consultants

A recruiting company’s formula for calculating the per diem component of consultants’ wages violated the Fair Labor Standards Act’s overtime provision, the 1st U.S. Circuit Court of Appeals has ruled. A U.S. District Court judge had awarded the company summary ...

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Time limit not tolled by second EEOC filing

An employee could not bring suit in federal court more than 90 days after receiving a right-to-sue letter from the Equal Employment Opportunity Commission despite the fact that he filed a new administrative charge within the 90-day period, the 1st ...

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Employee not bound by CBA arbitration clause

An arbitration clause in a collective bargaining agreement did not preclude an employee from going to court to sue her employer under the Rhode Island Civil Rights Act and the state’s Fair Employment Practices Act, the R.I. Supreme Court has ...

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Competitor can’t be held liable for tortious interference

A Rhode Island Superior Court judge has ruled that an independent contractor who was responsible for generating new business for a Rhode Island company could not be sued for tortious interference after leaving to start a competing firm. The Rhode ...

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Insurer can’t get full benefit reimbursement

An insurance company that paid workers’ compensation benefits to an injured plaintiff is not entitled to full reimbursement from a settlement of a third-party liability suit, a U.S. District Court judge in Rhode Island has determined. The plaintiff argued that ...

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Employee’s unused vacation days payable after one year

A high school principal did not have to work 10 years before being entitled to payment for her unused vacation time, a Rhode Island Superior Court judge has determined. The defendant School Committee argued that the plaintiff principal’s own employment ...

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Texas company can’t be sued in R.I. for lost royalties

A Texas-based company could not be sued in Rhode Island for manufacturing allegedly defective fertilizer products that caused a Rhode Island plaintiff to lose royalty payments, a U.S. magistrate judge has found. The defendant company argued that the complaint should ...

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Real estate statute trumps independent contractor law

A Massachusetts Superior Court judge’s finding that real estate agents are governed by the commonwealth’s real estate statute, G.L. c.112, §87RR, and not the state’s independent contractor law, is headed to the Appeals Court, according to lawyers on both sides ...

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