The denial of a plaintiff’s application for Social Security Disability Insurance benefits and Supplemental Security Income should be reversed and remanded in light of an administrative law judge’s faulty assessment of exertional and nonexertional “residual functional capacity,” according to the ...
Read More »Principal can’t bring discrimination, retaliation claims
A school principal who received a negative evaluation and was reassigned to what she deemed a lesser position could not bring claims for retaliation and hostile work environment, a U.S. magistrate judge in Rhode Island has ruled. Plaintiff Nadine Lima, ...
Read More »Trustee can’t sell auto policy back to insurance carrier
A U.S. Bankruptcy Court judge in Massachusetts has ruled that a Chapter 7 trustee could not sell the debtor’s automobile policy back to his insurance carrier to settle a dispute over the validity of a pre-petition waiver of coverage of ...
Read More »No fiduciary duty owed to IRA beneficiary
The commercial custodian of non-discretionary individual retirement accounts did not owe a fiduciary duty to a named beneficiary of those accounts, but the beneficiary could maintain a suit under the consumer protection statute, G.L.c. 93A, by credibly alleging that the ...
Read More »Mass. gov proposes ‘fix’ for commission-only employees
Not surprisingly, attorneys who represent employers and those who represent employees disagree on both the process and potential end result of Massachusetts Gov. Charlie Baker’s move to use a supplemental spending bill to respond to a decision by the Supreme ...
Read More »Hostile work environment claim against hospital fails
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 ...
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New England Biz Law Update
