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: May 31 2012 issue

A U.S. District Court judge presiding over a Lupron class action that was settled for $150 million committed no abuse of discretion in distribution $11.4 million in unclaimed funds to the Dana Farber/Harvard Cancer Center and the Prostate Cancer Foundation ...

Tagged with: May 31 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: May 31 2012 issue

Where a relator brought a False Claims Act suit alleging that the defendants submitted an application to the National Institute on Aging for research on Alzheimer’s disease which relied on falsified data, an award of summary judgment for the defendants ...

Tagged with: May 31 2012 issue

Plaintiffs should be allowed to amend their Fair Labor Standards Act complaint seeking compensation for work performed during their meal breaks, for work performed before and after shifts and for time spent attending training sessions. Pruell, et al. v. Caritas ...

Tagged with: May 31 2012 issue

Where a U.S. magistrate judge awarded a plaintiff $778,889 in damages on a claim of breach of contract, the defendant has not set forth a convincing basis for overturning the judge’s decision as to liability or damages. Amicas, Inc. v. ...

Tagged with: May 31 2012 issue

Where a G.L.c. 93A complaint over an alleged price-fixing scheme was dismissed, the dismissal order must be reversed, as the plaintiff plausibly alleged economic harm. Liu v. Amerco, et al. (Lawyers Weekly No. 01-119-12) (17 pages) (Boudin, J.) (1st Circuit) ...

Tagged with: May 31 2012 issue

Where defendants were awarded summary judgment on judicial estoppel grounds, that was proper in light of the plaintiffs’ failure to disclose the existence of their claims in the course of a bankruptcy proceeding. Guay, et al. v. Burak, et al. ...

Tagged with: May 31 2012 issue

Where a law firm, which was held liable over a fraudulent check, brought suit against a defendant bank, a judgment for the bank must be affirmed on statute of limitations grounds. Aresty International Law Firm, P.C. v. Citibank, N.A. (Lawyers ...

Tagged with: May 31 2012 issue

Where debtors claimed exemptions in 100 percent of the full market value of their residence and car, an objection filed by the Chapter 13 trustee was properly sustained based on Schwab v. Reilly, 130 S. Ct. 2652 (2010).

Tagged with: April 30 2012 issue