New England Biz Law Update

In the second of two cases considering what class action plaintiffs must prove to make it past the certification stage, the justices of the U.S. Supreme Court tackled the issue of whether plaintiffs asserting a fraud-on-the-market claim must prove that ...

Tagged with: Nov. 30 2012 issue

If the justices of the U.S. Supreme Court wanted to decide whether the Daubert standard for admitting expert testimony at trial also applies at the class action certification stage, they picked a factually and procedurally messy case as a vehicle ...

Tagged with: Nov. 30 2012 issue

A hotel executive who claimed that he was the victim of a retaliatory termination, but provided no evidence that he suffered any physical infirmity as a result of his firing, could not recover more than $200,000 in emotional distress damages, ...

Tagged with: Nov. 30 2012 issue

An employer could not consolidate two of its product-testing labs at different locations on its worksite into one lab without first negotiating with a labor union, the 1st U.S. Circuit Court of Appeals has ruled.

Tagged with: Nov. 30 2012 issue

A veterinarian who was fired after she complained about her employer’s failure to deposit withheld contributions into her retirement account in a timely manner, but subsequently refused the employer’s offer of reinstatement, could not sue for breach of fiduciary duty ...

Tagged with: Nov. 30 2012 issue

The owner of a citrus fruit company could proceed with a federal lawsuit over damaged goods despite a clause in a bill of lading that called for all disputes to be resolved by an arbitrator in London, a U.S. District ...

Tagged with: Oct. 31 2012 issue

A group of union benefit funds that claimed an employer violated a collective bargaining agreement filed a timely appeal, the 1st U.S. Circuit Court of Appeals has found in a case of first impression.

Tagged with: Oct. 31 2012 issue

A subcontractor must arbitrate its dispute with a construction company in Ohio despite a Rhode Island statute barring out-of-state arbitration, a federal judge has held.

Tagged with: Oct. 31 2012 issue

An Americans with Disability Act complaint filed by an employee whose leave request was denied must be dismissed because it was filed more than 90 days after the Equal Employment Opportunity Commission mailed a “right-to-sue” letter to the employee and ...

Tagged with: Oct. 31 2012 issue

African-American borrowers who claimed a lender’s policies caused them to pay more than whites in securing home mortgage loans could not rely on a nationwide statistical analysis in order to gain certification as a class, a U.S. District Court judge ...

Tagged with: Oct. 31 2012 issue