Please ensure Javascript is enabled for purposes of website accessibility
Home / News (page 41) /

News

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 ...

Read More »

Duty of LLC’s attorneys reaches non-client minority

The Massachusetts Appeals Court has found that lawyers for a limited liability company could be sued for breaching a fiduciary duty to the LLC’s minority members despite the lack of an attorney-client relationship. Counsel for the LLC were accused of ...

Read More »

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. ...

Read More »

Despite Facebook post, worker can get unemployment benefits

In a ruling examining the interplay between social media and the workplace, the Rhode Island Supreme Court has held in a split decision that there was insufficient evidence to show an employee’s Facebook post was “connected with his work” so ...

Read More »

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 ...

Read More »

No bankruptcy jurisdiction over severance pay claims

The 1st U.S. Circuit Court of Appeals has determined that two corporate executives of a bankrupt hospital could not bring a claim in U.S. Bankruptcy Court for severance payments. The 1st Circuit upheld a U.S. District Court judge’s ruling that ...

Read More »

Pre-judgment interest OK’d in Wage Act suit

Employees who brought a successful class action against their employer for violation of the Wage Act are entitled to statutory pre-judgment interest on their lost pay and benefits, the Massachusetts Supreme Judicial Court has found. The SJC also decided, however, ...

Read More »

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 ...

Read More »

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 ...

Read More »

Company acquisition leads to non-compete confusion

Whether an acquiring company will be able to enforce an employee non-compete agreement entered into by its predecessor will have everything to do with how its acquisition is structured, a pair of recent decisions by a judge in the Massachusetts ...

Read More »