Where a defendant company was awarded summary judgment in a securities fraud case, the judgment must be affirmed for lack of proof of scienter.

Tagged with: March 31 2012 issue

Where a judge entered summary judgment affirming the denial of a claim for retirement benefits purportedly owed to the plaintiff’s deceased sister under the Employee Retirement Income Security Act, the claim was permissibly denied on evidentiary grounds.

Tagged with: March 31 2012 issue

A diversity action filed in federal court by a plaintiff against her former employer should not have been dismissed in deference to a pending declaratory judgment action that the employer brought earlier in state court.

Tagged with: March 31 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.

Tagged with: March 31 2012 issue

A plaintiff who slipped and fell while shopping at the defendant’s supermarket has no plausible claim of spoliation based on a failure by the defendant’s employees to photograph the scene of the accident.

Tagged with: March 31 2012 issue

A judgment holding a company liable for cleanup of a Superfund site must be affirmed based on evidence that the company arranged with the site’s operator for disposal of scrap Pyranol. United States v. General Electric Company (Lawyers Weekly No. ...

Tagged with: March 31 2012 issue

A jury verdict for a plaintiff in a retaliation case must be affirmed, as several pieces of evidence that the plaintiff presented at trial “form a mosaic that is enough to support the jury’s finding of retaliation.” Serrano Muñoz v. ...

Tagged with: March 31 2012 issue

While laws regulating guns in the workplace are common elsewhere in the United States, they are also becoming a challenge for New England employers, particularly those with multi-state operations.

Tagged with: March 31 2012 issue

You wouldn’t expect securities regulation to be driven by gender-based violence in the middle of Africa — but it is. While compliance officers have been diving deep into Section 1502 of the Dodd-Frank Act, most corporate lawyers have avoided it ...

Tagged with: March 31 2012 issue

It’s a familiar tune. Every election year it seems we hear the chorus of protests from musicians who are not flattered that their music has been hijacked as the theme song of a political candidate. The song is always the ...

Tagged with: March 31 2012 issue