New England Biz Law Update

Where (1) a plaintiff was severely injured in a workplace accident, (2) this court found that the defendant manufacturer of the trailer involved in the accident was not negligent or in breach of any warranty, (3) the plaintiff’s motion to ...

Tagged with: Nov. 30 2012 issue

Where a defendant gas company was awarded summary judgment on a plaintiff employee’s claims of race-based disparate treatment and of hostile work environment, there is no basis for reversing that judgment, as (1) the defendant’s justification for disciplining the plaintiff ...

Tagged with: Sept. 30 2012 issue

Though a judge was warranted in defaulting a defendant for persistent noncompliance with court-ordered deadlines, the judge erred by fashioning an award that exceeded the relief sought in the plaintiffs’ complaint. Hooper-Haas, et al. v. Ziegler Holdings, LLC (Lawyers Weekly ...

Tagged with: Sept. 30 2012 issue

A homeowner has showed that a Chapter 7 home improvement contractor’s lies about a building permit led to a loss that might reasonably have been expected to result from the homeowner’s reliance. In Re: Goguen, Peter J. (Lawyers Weekly No. ...

Tagged with: Sept. 30 2012 issue

Where a plaintiff brought suit to rescind his purchase of a condominium unit, to recoup his deposits on a second unit and to recover damages, a judgment dismissing the complaint must be affirmed, as the plaintiff’s complaint fails to state ...

Tagged with: Aug. 31 2012 issue

Where a plaintiff was injured on premises leased by his employer from the defendant, the plaintiff is unable under applicable Massachusetts law to hold the defendant liable on a negligence theory. Fernandes v. AGAR Supply Company, Inc. (Lawyers Weekly No. ...

A plaintiff sales associate for a gas station and convenience store could not hold his employer liable for disparate treatment after his hours were reduced when he returned from a medical leave. Cham v. Station Operators, Inc. (Lawyers Weekly No. ...

The Rehabilitation Act of 1973 does not entitle a plaintiff to relief when retaliation for his complaints about disability discrimination is a motivating factor in, but not the but-for cause of, an adverse employment action. Palmquist v. Shinseki (Lawyers Weekly ...

Tagged with: Sept. 31 2012 issue

An award of $30 million in fees to attorneys who achieved a class action settlement agreement must be vacated because the judge erred in finding that he had inherent federal equitable powers to fashion a fee award. In Re: Volkswagen ...

Tagged with: Aug. 31 2012 issue

An order denying a defendant employer’s motion to compel arbitration of a pregnancy discrimination claim asserted by an unsuccessful job applicant must be affirmed because of ambiguities in the arbitration clause language that must be construed against the defendant. Gove ...

Tagged with: Aug. 31 2012 issue