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

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

A recent decision by the U.S. District Court in Massachusetts in U.S. Electrical Services, Inc. v. Schmidt may have significant implications for employers seeking to use the “inevitable disclosure” doctrine to enjoin former employees from working for competitors. 

Tagged with: Aug. 31 2012 issue

Massachusetts employers take note:  The state’s Transgender Equal Rights Bill, signed into law by Gov. Deval L. Patrick on Nov. 23, 2011, went into effect on July 1.

Tagged with: Aug. 31 2012 issue

I find it rare when an important legal issue remains unresolved after 30 years. Regulation of the so-called “finder” is such an issue. It now is refocused following an April meeting between an American Bar Association task force and the ...

Tagged with: Aug. 31 2012 issue

Parties to arbitration frequently complain that the process has become nearly as time consuming and expensive as litigation. Such comments are typically made by people who do not have an accurate sense of the time and expense involved in litigation, ...

Tagged with: Aug. 31 2012 issue

The global economy that we live in carries risks and rewards. U.S. and multi-national corporations must look to developing markets, including China and other Asian countries, to grow. The opportunities presented by these developing markets come with the risk of ...

Tagged with: Aug. 31 2012 issue

A teacher dismissed from a private school could sue his former employer for breach of contract despite the fact that the employment offer he signed expressly stated that it was not a contract, that his employment would be at will, and that the offer could be revoked at the discretion of the school.

Tagged with: Aug. 31 2012 issue

A 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, the 1st U.S. Circuit Court of Appeals has decided.

Tagged with: Aug. 31 2012 issue