The doctrine of progressive encroachment can bar the laches defense in a trademark case. Oriental Financial Group, Inc., et al. v. Cooperativa de Ahorro y Crédito Oriental, et al. (Lawyers Weekly No. 01-275-12) (30 pages) (Dyk, J., of the Federal ...

Tagged with: Nov. 30 2012 issue

Where a defendant railroad was awarded summary judgment in a suit brought by a plaintiff who was injured while trespassing, a remand should be ordered to allow the U.S. District Court to determine whether limited discovery is warranted on the ...

Tagged with: Nov. 30 2012 issue

The National Labor Relations Board did not err in concluding that an employer was required to bargain with a union over the consolidation of two product testing labs at different locations on its worksite into one lab, which resulted in ...

Tagged with: Nov. 30 2012 issue

Where a judge found that an insurance company had no duty to defend a policyholder against charges of antitrust violations and other wrongs, that ruling was proper based on an antitrust exclusion in the policy. The Saint Consulting Group, Inc. ...

Tagged with: Nov. 30 2012 issue

Where a plaintiff lost his job as part of the defendant employer’s reduction in force, he has failed to show that the defendant’s failure to provide him with a severance package violated any federal statute or constituted a breach of ...

Tagged with: Nov. 30 2012 issue

A jury verdict in favor of a plaintiff on a retaliation claim must be reduced to $200,000, as the plaintiff proffered no evidence that he suffered any physical infirmity as a result of his ouster. Trainor v. HEI Hospitality, LLC, ...

Tagged with: Nov. 30 2012 issue

An award of summary judgment for the defendant employer in an age discrimination case must be reversed based on (1) inconsistencies between the defendant’s stated reasons for dismissal and the plaintiff’s performance record at the company, (2) the lack of ...

Tagged with: Nov. 30 2012 issue

Where (1) a plaintiff was severely injured in a workplace accident, (2) this court found that the defendant manufacturer of the trailer involved in the accident was not negligent or in breach of any warranty, (3) the plaintiff’s motion to ...

Tagged with: Nov. 30 2012 issue

Massachusetts recently enacted legislation imposing new obligations on staffing agencies and worksite employers that use temporary workers and granting those workers a right to notice of certain terms of their employment.

Tagged with: Nov. 30 2012 issue

We are all aware of the substantial retrenchment of SEC enforcement mandated by the 2012 JOBS Act (“Act”), which contemplates crowd-funding and permits public advertising of certain “private placement” transactions (see my October column). But equally important is the impact ...

Tagged with: Nov. 30 2012 issue