Adopting the “Restatement rule” for assessing whether or not a duty exists between an accountant and an aggrieved third party, the Rhode Island Supreme Court has ruled that an accounting firm could not be liable for a report relied on ...
Read More »Co. president owes fiduciary duty to fired doctor/shareholder
A shareholder/physician who was terminated from a medical group could bring a breach-of-fiduciary-duty claim against its president, a Superior Court judge in Massachusetts recently ruled. Plaintiff Stephen Punzak was an anesthesiologist in an 83-person professional corporation, defendant Anesthesia Associates of ...
Read More »Disabled teacher can sue over denial of part-time work
A former kindergarten teacher can proceed with a disability discrimination claim alleging that the school district refused to accommodate her fibromyalgia by permitting her to work part time, a U.S. District Court judge in Massachusetts has ruled. The Newton Public ...
Read More »‘Surprise’ verdict spawns primary/excess insurer spat
A decision by a federal judge in Boston provides a rare glimpse into the internal dynamics of the relationship between the primary and excess liability insurers for a personal injury defendant prior to an unexpected multi-million-dollar verdict that sparked a ...
Read More »Telephone Consumer Protection Act class action can proceed
Attorneys say a recent U.S. District Court decision in Massachusetts broadly interpreting the definition of “automatic telephone dialing system” under the federal Telephone Consumer Protection Act preserves the ability of consumers to seek redress against telemarketers that make unsolicited robocalls ...
Read More »Juries warming to bias, retaliation claims
Prior to 2017, the number of million-dollar verdicts in employment discrimination and retaliation cases in Massachusetts over the previous two decades could more or less be counted on one hand, according to plaintiffs’ attorney Elizabeth A. Rodgers. Then, the floodgates ...
Read More »Benefits of business-to-business arbitration on trial
A recent U.S. District Court decision has brought to the front burner the question of whether arbitration actually delivers on its promise of providing a means for the cost-effective and speedy resolution of business disputes. In CellInfo, LLC v. American ...
Read More »Pleadings sufficient in FCA retaliation claim
In a split decision, a three-judge panel of the 1st U.S. Circuit Court of Appeals has reiterated that the pleading standard for a retaliation claim under the federal False Claims Act differs from the standard applicable in a suit alleging ...
Read More »Employee suit over ‘imprudent’ 401k investments can proceed
Former employees of Putnam Investments can proceed with an ERISA class action against their former employer and other plan fiduciaries based on allegations that they suffered losses as a result of the investment options selected for their 401(k) plan, the ...
Read More »U.S. Supreme Court hands rare ADR win to workers in 1st Circuit case
The drumbeat of defeat for plaintiffs fighting arbitration clauses has been put on pause at the U.S. Supreme Court — at least temporarily — with a recent decision allowing a New England truck driver to proceed with his wage class ...
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