New England Biz Law Update

Where a plaintiff brought suit claiming that the defendant failed to protect sensitive nonpublic personal information as it was obligated to do under both contract and consumer protection laws, a judgment of dismissal must be affirmed, as (1) the plaintiff’s ...

Tagged with: March 31 2012 issue

A party’s designation of a deposition witness who is not sufficiently knowledgeable or prepared for the deposition should not be treated as a sanctionable non-appearance under Rule 37 of the Federal Rules of Civil Procedure.

Tagged with: March 31 2012 issue

Where a jury convicted two defendants of failing to pay federal income taxes, the findings of guilt must be affirmed because there was nothing erroneous about the jury instruction. United States v. Allen, et al. (Lawyers Weekly No. 01-003-12) (18 ...

Tagged with: Feb. 29 2012 issue

Where a debtor filed an adversary proceeding in which he asserted a right to rescind a loan agreement on the ground that the disclosures made at closing did not comply with the Massachusetts Consumer Credit Cost Disclosure Act (the commonwealth’s ...

Tagged with: Feb. 29 2012 issue

The removal of a diversity case by an in-forum defendant, in contravention of the 28 U.S.C. §1441(b) prohibition against removal by an in-forum defendant, is not jurisdictional in nature but merely a procedural defect that may be waived. Samaan v. ...

Tagged with: Feb. 29 2012 issue

Where (1) a corporation initiated a state court suit against a former consultant for alleged breaches of the confidentiality and noncompetition provisions of his employment agreement and (2) the consultant responded with a diversity suit in federal court claiming abuse ...

Tagged with: Feb. 29 2012 issue

Where (1) a number of employers have been sued by workers for allegedly violating the Massachusetts independent contractor statute and (2) a trade association representing those employers has responded with a federal suit claiming that the state statute is preempted ...

Tagged with: Feb. 29 2012 issue

The estate of a deceased insured is entitled to the proceeds of a group life insurance policy, as the insured was “totally disabled” when he stopped working. Scibelli, et al. v. Prudential Insurance Company of America (Lawyers Weekly No. 01-006-12) ...

Tagged with: Feb. 29 2012 issue

The phrase “legally obligated to pay as damages” in a commercial general liability policy covers only liability arising in tort and does not provide coverage for liability arising from a breach of contract. López & Medina Corp. v. Marsh USA, ...

Tagged with: Feb. 29 2012 issue

The whistleblower protection provision in the Sarbanes-Oxley Act applies does not extend to employees of private companies that are contractors or subcontractors to publicly traded companies. Lawson, et al. v. FMR LLC, et al. (Lawyers Weekly No. 01-035-12) (73 pages) ...

Tagged with: Feb. 29 2012 issue