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Benefit denial not warranted by video

A plan administrator could not terminate an employee’s long-term disability benefits despite covert surveillance video showing the employee driving, walking, jogging, bending over, flying a kite and lifting her 3-year-old child, the 1st U.S. Circuit Court of Appeals has ruled.

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$5M malpractice suit vs. Choate Hall heads to BLS

Click here to view a follow-up story, “Vindication for (H)all,” from the November 2012 issue of New England In-House. The law firm of Choate, Hall & Stewart is accustomed to putting up a good fight from the counsel table in Boston’s ...

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DLA Piper asks judge to dismiss secretary’s lawsuit

Update: The plaintiff in this case subsequently stipulated to a voluntary dismissal, with prejudice. She stated that she had learned during discovery that the facts were different from what she initially believed, and therefore she disavowed all claims and recitations ...

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More NLRB uncertainty created for labor lawyers

One of the most contentious years in the National Labor Relations Board’s history ended amid controversy, and now the New Year has begun with a brand new political hailstorm that could spell more confusion and uncertainty for labor attorneys.

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Supreme Court mulls tolling securities case

Sometimes at the U.S. Supreme Court, words and labels mean everything. Case in point, the justices recently parsed the wording of a securities law provision to determine whether to label it a statute of limitations or a statute of repose.

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Arbitration clause can be enforced

A mandatory arbitration provision in an employment agreement was enforceable even though it drastically shortened the employee’s limitation period for bringing a claim while incorporating outside terms that the employer could change unilaterally, a Superior Court judge in Massachusetts has ...

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‘Misclassified’ worker can file third-party suit

A truck driver who brought a purported class action alleging that companies he worked for had violated state and federal wage laws by misclassifying drivers as independent contractors could also sue a management-services firm for providing the companies with independent ...

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