New England Biz Law Update

Even though an appeal was filed within 30 days after a postjudgment order denying a statutory counsel fee request, the appeal must be dismissed as untimely because it was filed more than 30 days after the final judgment on the ...

New groundfish regulations applicable within the federal waters off New England’s coast are valid and enforceable, as the Secretary of Commerce’s “judgments here were derived from the record, rational, and not based on any error of law.” Lovgren, et al. ...

Tagged with: February 28 2013 issue

A civil suit against an attorney who served as a court-appointed discovery master in a will contest must be dismissed according to the doctrine of quasi-judicial immunity.

Tagged with: Dec. 31 2012 issue

The doctrine of progressive encroachment can bar the laches defense in a trademark case. Oriental Financial Group, Inc., et al. v. Cooperativa de Ahorro y Crédito Oriental, et al. (Lawyers Weekly No. 01-275-12) (30 pages) (Dyk, J., of the Federal ...

Tagged with: Nov. 30 2012 issue

Where a defendant railroad was awarded summary judgment in a suit brought by a plaintiff who was injured while trespassing, a remand should be ordered to allow the U.S. District Court to determine whether limited discovery is warranted on the ...

Tagged with: Nov. 30 2012 issue

The National Labor Relations Board did not err in concluding that an employer was required to bargain with a union over the consolidation of two product testing labs at different locations on its worksite into one lab, which resulted in ...

Tagged with: Nov. 30 2012 issue

Where a judge found that an insurance company had no duty to defend a policyholder against charges of antitrust violations and other wrongs, that ruling was proper based on an antitrust exclusion in the policy. The Saint Consulting Group, Inc. ...

Tagged with: Nov. 30 2012 issue

Where a plaintiff lost his job as part of the defendant employer’s reduction in force, he has failed to show that the defendant’s failure to provide him with a severance package violated any federal statute or constituted a breach of ...

Tagged with: Nov. 30 2012 issue

A jury verdict in favor of a plaintiff on a retaliation claim must be reduced to $200,000, as the plaintiff proffered no evidence that he suffered any physical infirmity as a result of his ouster. Trainor v. HEI Hospitality, LLC, ...

Tagged with: Nov. 30 2012 issue

An award of summary judgment for the defendant employer in an age discrimination case must be reversed based on (1) inconsistencies between the defendant’s stated reasons for dismissal and the plaintiff’s performance record at the company, (2) the lack of ...

Tagged with: Nov. 30 2012 issue