New England Biz Law Update

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. ...

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 ...

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 ...

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 ...

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, ...

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 ...

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 ...

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 ...

A pair of insurers that defended claims against a policyholder under a reservation of rights and later obtained a declaration that the claims were not covered could not recoup costs they had advanced up to that point, a Superior Court ...

A Rhode Island town’s termination of its finance director did not violate his right to due process, the 1st U.S. Circuit Court of Appeals has held. The terminated plaintiff contended that both his pre- and post-termination proceedings were a sham. ...