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Former cop can’t sue over vacation-time settlement

A former policeman who claimed the city that had employed him violated a settlement agreement to reimburse him for unpaid vacation time could not sue the municipality under the Wage Act, the Appellate Division of the District Court in Massachusetts ...

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Vindication for (H)all

The powers that be at Choate, Hall & Stewart maintained from the start that a $5 million malpractice suit filed against the Boston mega-firm would quickly and decisively be tossed out of court.

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Justices take up fraud-on-the market class action

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 ...

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Does ‘Daubert’ apply to class action certification?

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 ...

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Employer’s merger of testing labs invalid

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.

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ERISA suit barred by job offer refusal

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 ...

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Party in maritime suit can forego arbitration

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 ...

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Appeal of counsel fee award deemed timely

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.

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