New England Biz Law Update

Where a securities fraud complaint against a manufacturer of medical devices was dismissed, the dismissal order must be affirmed, as the statements forming the basis for the complaint were either not false or misleading or were made without the necessary ...

Tagged with: July 31 2012 issue

In finding that an insurance company did not have a duty to defend a policyholder accused of polluting a Superfund site, a U.S. District Court erred by considering only the timing of the policyholder’s alleged polluting activities, as Rhode Island ...

Tagged with: July 31 2012 issue

A defendant employer did not violate the Family and Medical Leave Act by terminating the plaintiff’s employment after she had exhausted 12 weeks of medical leave.

Tagged with: July 31 2012 issue

Where a defendant employer was awarded summary judgment on age discrimination claims asserted by plaintiffs who had been discharged as sales representatives, no reversal is warranted, as the defendant produced evidence to show that the discharges were performance-based. Cameron, et ...

Tagged with: July 31 2012 issue

Real property need not be a debtor’s principal residence in order to qualify for the $21,625 exemption under 11 U.S.C. §522(d)(1). In Re: Lawrence, Thomas S., et al. (Lawyers Weekly No. 04-042-12) (5 pages) (Hoffman, J.) (USBC) David M. Nickless, ...

Tagged with: June 30 2012 issue

A debtor may employ 11 U.S.C. §522(d)(12) to exempt an individual retirement account whose proceeds have been inherited. In Re: Seeling, Holly Anne (Lawyers Weekly No. 04-047-12) (8 pages) (Boroff, J.) (USBC) (Chapter 7 Case No. 11-30957) (May 24, 2012).

Tagged with: June 30 2012 issue

A debtor’s predecessor counsel is entitled to an award of the fees and costs incurred in defending its fee application against the debtor’s meritless allegations of malpractice. In Re: Lupo, Robert N. (Lawyers Weekly No. 04-046-12) (7 pages) (Feeney, J.) ...

Tagged with: June 30 2012 issue

A U.S. Bankruptcy Court judge did not err in denying a bank’s motion for reconsideration of a fee award to a debtor, as the debtor could have raised the basis for the motion at an earlier stage of the proceedings, ...

Tagged with: June 30 2012 issue

A judge did not abuse commit an abuse of discretion by admitting evidence of malingering in a railroad worker’s Federal Employers’ Liability Act suit alleging cumulative, or wear-out, injuries to his neck and knees. Crowther v. Consolidated Rail Corporation, et ...

Tagged with: June 30 2012 issue

A securities fraud complaint must be dismissed for failure to plead facts justifying a reasonable inference of scienter with regard to public statements assuring the defendant corporation’s investors of the strength and depth of the backlog of orders at the ...