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ADA claim fails over failure to negotiate

A department store could not be held liable for failing to accommodate a diabetic sales associate’s request to work only a midday shift, the 1st U.S. Circuit Court of Appeals has ruled in a split decision. The defendant employer argued ...

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$2M verdict upheld vs. Rhode Island co.

A $2 million jury verdict holding a manufacturer of plastic film products liable for breaching a settlement agreement with a broker has been upheld by the 1st U.S. Circuit Court of Appeals even though the broker waited almost two years ...

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2015 In-House Leaders

In this special section, Massachusetts Lawyers Weekly, Rhode Island Lawyers Weekly and New England In-House celebrate the accomplishments of our 2015 In-House Leaders in the Law. Click here to read the full special section.          

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1st Circuit denies ‘cat’s paw’ retaliation claim

An employee who was fired for timecard violations that he claimed were reported to management out of retaliatory animus could not sue his employer under a “cat’s paw” theory of liability, the 1st U.S. Circuit Court of Appeals has ruled. ...

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LLC can’t recover damages for breach of sales contract

A limited liability company whose owners failed to disclose that they were acting as the LLC’s agents in negotiating the sale of a purebred dog could not recover damages for breach of contract, the Massachusetts District Court’s Appellate Division has ...

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Removal of class action timely, 1st Circuit determines

A class action seeking more than $5 million for wage and hour violations should not have been remanded following removal from state to federal court, the 1st U.S. Circuit Court of Appeals has decided. The plaintiffs, shift supervisors for defendant ...

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Insurance carrier not liable for theft of personal data

An insurance agency could not be held liable for an employee who allegedly accessed an accident victim’s personal contact information from a database and passed it on to her boyfriend, a Massachusetts Superior Court judge has decided. The employee’s boyfriend ...

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Wage Act counterclaims constitute SLAPP suit

A worker at a high-tech startup who sued the company for misclassifying him as an independent contractor was entitled to have the company’s counterclaims for tortious interference and bad faith dismissed under the anti-SLAPP statute, a Superior Court judge in ...

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Merger survivor controls attorney-client privilege

Shareholders were not entitled to the disclosure of privileged communications between a technology company and the company’s outside counsel concerning a proposed merger when they later sued over the terms of the completed deal, a judge in the Massachusetts Superior ...

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1st Circuit: LLC waived right to arbitrate

A plaintiff limited liability company that engaged in litigation over an asset purchase agreement waived its right to demand arbitration under that agreement, the 1st U.S. Circuit Court of Appeals has ruled. “[T]he plaintiff’s belated resort to arbitration was anything ...

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