New England Biz Law Update

A complaint alleging that the defendant seller of real property violated a federal statute by not disclosing the presence of lead paint must be dismissed as untimely because by the time of the closing in 2003 the plaintiff buyer should ...

Tagged with: June 30 2012 issue

Design defect claims against generic drug manufacturers are not preempted by the Federal Food, Drug, and Cosmetic Act. Bartlett, et al. v. Mutual Pharmaceutical Company, Inc., et al. (Lawyers Weekly No. 01-117-12) (27 pages) (Boudin, J.) (1st Circuit) Appealed from ...

Tagged with: June 30 2012 issue

Where a federal judge concluded that an insurer had no duty under a commercial general liability policy to defend or indemnify a developer who was sued in a Massachusetts state court for injuries allegedly sustained in the course of construction ...

Tagged with: June 30 2012 issue

Where (1) a plaintiff aircraft repair company, which held a commercial general liability policy with the defendant insurance agency, was sued, (2) the defendant disclaimed both coverage and any duty to defend and (3) a U.S. District Court then ruled ...

Tagged with: June 30 2012 issue

The fact that certain tasks associated with a particular position can be either reduced, reassigned or reallocated to a subordinate does not, by itself, render them non-essential. Jones v. Walgreen Co., et al. (Lawyers Weekly No. 01-125-12) (27 pages) (Torruella, ...

Tagged with: June 30 2012 issue

Where a putative class action was brought alleging that the defendant violated the Driver’s Privacy Protection Act by sending out advertisements along with motor vehicle registration renewal notices pursuant to a contract with the Massachusetts Registry of Motor Vehicles, a ...

Tagged with: June 30 2012 issue

It is up to an arbitrator, not a U.S. District Court judge, to decide whether an arbitration clause in an employment agreement is unenforceable in that it imposes a one-year limitations period. Escobar-Noble v. Luxury Hotels International of Puerto Rico, ...

Tagged with: June 30 2012 issue

A city that had a rational basis for forgiving the tax debts of some property owners but not others did not violate the Equal Protection Clause. Armour v. City of Indianapolis, No. 11-161. June 4, 2012. Lawyers USA No. 993-3852

Tagged with: June 30 2012 issue

A defendant that prevailed in a personal injury case filed in federal court could not recover its costs for translating documents from Japanese to English. Taniguchi v. Kan Pacific Saipan, Ltd., No. 10-1472. May 21, 2012. Lawyers USA No. 993-3819

Tagged with: June 30 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).

Tagged with: May 31 2012 issue