A recent decision by a California appellate court, Negro v. Superior Court of Santa Clara County, 230 Cal. App. 4th 879 (Oct. 21, 2014), has important implications for litigants seeking discovery of electronic communications sent or received by opposing parties. ...
Read More »Default judgment affirmed based on discovery violations
A default judgment could be entered against corporate defendants as a sanction for engaging in a deliberate pattern of discovery noncompliance, the 1st U.S. Circuit Court of Appeals has decided. A U.S. District Court judge had awarded the plaintiff $75 ...
Read More »151B bias claim can proceed despite CBA
An employee who successfully filed a complaint with the MCAD alleging sexual-orientation bias and claimed she was then targeted for retaliation, including being passed over for promotions, could sue under the state’s anti-discrimination statute despite the fact that she had ...
Read More »Co.’s trucks barred from trespassing
The Rhode Island Supreme Court has upheld a trial judge’s decision that prevents a commercial business from using an abutting diner’s parking area to make deliveries. The plaintiff diner, arguing trespass, sought a preliminary injunction to preclude delivery trucks from ...
Read More »$45M judgment over stock demand reversed
A corporate executive who accepted money from a friend’s charitable foundation to purchase company stock for himself, with the understanding that he would sell it at some point and share the proceeds with the foundation, did not commit bad faith ...
Read More »Duty to defend doesn’t extend to counterclaim
An employer’s liability insurer had no obligation to prosecute a counterclaim the employer brought against an ex-employee who had charged it with age discrimination, a U.S. District Court judge has ruled. The employer argued that the counterclaim — in which ...
Read More »They got Gronk’d
Who knew a simple T-shirt could wreck such havoc? Gronk Nation LLC is a charitable corporation run by New England Patriots star tight end Rob Gronkowski and his fellow NFL-playing brothers, Dan and Chris. Sully’s Tees LLC is a Peabody, ...
Read More »Law firm loses appeal of former employee’s lawsuit
D’Angelo & Hashem, a law firm that has represented employees in disputes with their employers, and partner Saba B. Hashem found themselves the target of one such lawsuit when former secretary and receptionist Jennifer Carrion sued the North Andover, Massachusetts, ...
Read More »1st Circuit reverses LTD benefit cutoff
An insurance company could not terminate an information technology analyst’s long-term disability benefits without assessing the physical and cognitive demands of his occupation, the 1st U.S. Circuit Court of Appeals has decided. The insurer found the appellant analyst no longer ...
Read More »JNOV flipped in MGH nurse’s retaliation case
The Appeals Court has overturned a Superior Court ruling that set aside a $1.2 million jury verdict awarded to a nurse who claimed Massachusetts General Hospital retaliated against her for taking time off under the Family and Medical Leave Act. ...
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