A building contractor that entered into a “Construction Manager at Risk” contract for a public construction project could not obtain indemnification from the project owner for cost overruns allegedly due to design errors and changes, a Superior Court judge has ...
Read More »Court awards fees for ERISA remand
An applicant whose claim for long-term disability benefits was denied by a plan administrator is entitled to recover the fees she incurred in obtaining a remand order on appeal, the 1st U.S. Circuit Court of Appeals has ruled in a ...
Read More »Scrubbing of laptop didn’t violate CFAA
A federal judge has determined that an employee who failed to return her laptop after taking a job with a competitor, and then used software to remove data from the laptop, could not be sued under the Computer Fraud and ...
Read More »Attorney-client privilege also applies to consultant
A defendant company involved in a zoning dispute did not waive the attorney-client privilege when it shared confidential information with a real estate advisor who was consulted in the company’s acquisition of the disputed property, a Massachusetts Land Court judge ...
Read More »Jewelry-maker can proceed with suit versus retail chain
A jewelry manufacturer could sue the operator of a retail store chain over unauthorized sales of merchandise, a U.S. District Court judge in Rhode Island has ruled. The defendant retailer argued that, in obtaining the merchandise from a number of ...
Read More »Employee can’t sue over pregnancy discrimination
A business development director who lost her job three months after disclosing her pregnancy could not pursue a Title VII discrimination claim against her employer, which asserted the position had become obsolete due to changing market conditions, a U.S. District ...
Read More »Flurry of Supreme Court decisions keeps IP bar busy
A flurry of patent and other intellectual property decisions from the U.S. Supreme Court is keeping one of New England’s most vibrant practice areas on its toes. “It’s terrific,” said Brian T. Moriarty of Hamilton, Smith, Brook & Reynolds in ...
Read More »Employment bar deconstructs social media privacy law
When in doubt, employers should proceed with caution and consult with their lawyers if they want to avoid being slapped with a suit for violating Rhode Island’s tough new social media privacy law. That’s the advice of employment and social ...
Read More »Gym co-owner breaches fiduciary duty to partners
A co-owner of a health club chain who was accused of freezing out the widow of his deceased partner and, in concert with an outside acquaintance, diverting corporate assets and proprietary information to open competing clubs violated his fiduciary duty ...
Read More »Release does not require explicit ‘Wage Act’ citation
A U.S. District Court judge has found that an often-cited 2012 Supreme Judicial Court decision does not in fact require employers, as a matter of law, to expressly include the phrase “Massachusetts Wage Act” in a release. The plaintiff employee ...
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