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Nursing home entitled to arbitrate wrongful death suit

A wrongful death suit against a nursing home fell within the scope of an arbitration agreement signed by a family member under a power of attorney shortly after the decedent’s admission to the facility, a U.S. District Court judge has ...

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Wage-and-hour class action not subject to arbitration clause

A wage-and-hour class action was not subject to an arbitration clause in a vendor agreement between the defendant and the independent contractor that the plaintiff deliveryman drove for, the 1st U.S. Circuit Court of Appeals has ruled. The defendant, Dynamex ...

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Hospital can’t shield communications over credential decision

A surgeon who brought a discrimination suit against the hospital where she used to work was entitled to discovery of allegedly defamatory communications between her former supervisor and another hospital that subsequently rejected her application for credentials, a U.S. magistrate ...

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Social Security applicant’s ADA claim barred

An employee who applied for Social Security Disability Insurance benefits claiming to be unable to work because of a disabling condition could not hold her former employer liable for failing to reasonably accommodate her disabilities, a U.S. magistrate judge has ...

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Fired UMass security officers can pursue civil rights claims

Two security officers at the University of Massachusetts-Lowell could sue for violations of their First Amendment rights based on claims they were fired for speaking out publicly against unfair hiring practices and sexual harassment, a Superior Court judge in Massachusetts ...

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Board members, investors avoid liability for executive’s pay

Two former board members and investors in a biotechnology startup had no personal liability under the state Wage Act for compensation due the limited liability company’s former president, the Supreme Judicial Court in Massachusetts has decided. The plaintiff president argued ...

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Severance terms extinguished exec’s right to shares, options

The terms of a software company executive’s severance agreement completely extinguished rights to preferred shares and stock options granted during the periods of his employment, the Massachusetts Appeals Court has found. The plaintiff argued that a general release of claims ...

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Revisiting Title IX process could benefit all, lawyers say

Harvard University, title IX

While no one wants to return to the days when colleges too often swept sexual assault allegations under the rug, local attorneys are cautiously optimistic that a new process recently announced by the U.S. secretary of education will culminate in ...

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Jury must determine FMLA notice issue

A U.S. District Court judge in Rhode Island has found that a company that terminated an employee for excessive absenteeism could not be awarded summary judgment, as the employee raised a jury question regarding whether he gave notice sufficient to ...

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Outside firms see Boston as market of opportunity

boston

A recent wave of entrants to the Boston legal market underscores that outside firms large and small are finding the client-rich environment irresistible and are undaunted by the challenge of competing with the city’s established firms. North Carolina-based business firm ...

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