A neurologist at Boston Medical Center who claimed she was subjected to a hostile work environment did not provide sufficient evidence of a pattern of gender bias to support her claim, a Superior Court judge in Massachusetts has found. Plaintiff ...
Read More »Companies lagging in GDPR compliance, survey finds
A government rule that threatens forfeiture of 4 percent of a company’s annual worldwide revenues would seem a sure bet to grab every business leader’s attention. But a new survey finds that many companies in the U.S. and abroad have ...
Read More »In #MeToo era, some lawyers fielding more ‘reverse discrimination’ queries
With today’s increased focus on diversity and inclusiveness in the workplace, some employment attorneys are reporting that employees are raising more concerns about so-called “reverse discrimination.” “People are generally more aware now that they may have legal rights in employment, ...
Read More »ERISA class action plaintiffs not entitled to jury
Plaintiffs who brought a class action accusing their former employer of breaching its fiduciary duties by mismanaging its employee retirement plan were not entitled to a jury trial, a U.S. District Court judge in Massachusetts has found. The plaintiffs sought ...
Read More »Judge enjoins CVS exec from joining Amazon
The CVS Pharmacy corporation was entitled to a preliminary injunction blocking the executive who ran its Caremark retail network from working for Amazon’s new online pharmacy, a U.S. District Court judge in Rhode Island has decided. Defendant John Lavin, who ...
Read More »Second whistleblower deemed first-to-file in false claims suit
Reversing its own precedent on the issue, a three-judge panel of the 1st U.S. Circuit Court of Appeals has held that the federal False Claims Act’s first-to-file rule is nonjurisdictional, thereby limiting a court’s analysis of competing first-to-file claims to ...
Read More »Dismissal of manufacturer’s product liability claim vs. supplier reversed
A manufacturer that alleged another company breached the implied warranty of merchantability by selling it defectively designed parts was not required to prove the defect was foreseeable by reasonable testing in order to sustain its claim, the 1st U.S. Circuit ...
Read More »Agreement required changes to be written, signed
A contract between two companies to develop renewable energy projects was not orally modified by a “mutual understanding” allegedly reached during mid-project conversations between the parties, a U.S. District Court judge in Rhode Island has ruled. Under a master agreement ...
Read More »M&A forum selection clause binds non-signatory
California forum selection clauses in preliminary agreements for the acquisition of an eyewear company bound a non-signatory buyer that stepped in and purchased the target before the original deal could be closed, a U.S. District Court judge in Massachusetts has ...
Read More »Court refines guidance on vacations, medical leave
Massachusetts’ Supreme Judicial Court in a recent decision refined its guidance for employers trying to assess whether a vacationing employee is abusing medical leave, practitioners say. DaPrato v. Massachusetts Water Resources Authority also reaffirms that a mistaken “honest belief” that ...
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