New England Biz Law Update
If you want something done right, get someone else to do it. That seems to be the federal government’s mantra of late with respect to enforcement of the securities laws.
Tagged with: Sept. 2011 issue
Read More »Prevent runaway legal fees with proper planning
Another article about alternative fee arrangements? Actually, no.
Tagged with: Sept. 2011 issue
Read More »Trademark licensors potentially subject to strict liability
In Lou v. Otis Elevator Co., 77 Mass. App. Ct. 571 (2010), the Appeals Court in Massachusetts held that a trademark licensor who participates substantially in the design, manufacture or distribution of a licensee’s products may be held strictly liable ...
Tagged with: Sept. 2011 issue
Read More »Emerging ADA caselaw shows ‘lower bar’ for plaintiffs
Almost two years have passed since Congress amended the Americans with Disabilities Act, lowering the criteria to establish disability status in response to cramped judicial interpretations of the ADA.
Tagged with: Sept. 2011 issue
Read More »Oral complaints can trigger FLSA retaliation protection
The U.S. Supreme Court has ruled that mere oral complaints of alleged violations of the Fair Labor Standards Act may trigger the FLSA’s protections against retaliation.
Tagged with: Sept. 2011 issue
Read More »Social networking, employee discipline and free speech
In the past year, the media have devoted much attention to cases in which an employer disciplined an employee for making negative comments about the workplace through Twitter, blogs and social networking sites.
Tagged with: Sept. 2011 issue
Read More »No workers’ comp for employee injured on way to job
A worker who was injured while commuting from his home to a construction site was not entitled to workers’ compensation even though the job required him to travel to a different location every day, a reviewing board of the Massachusetts ...
Tagged with: Sept. 2011 issue
Read More »Supreme Court defeats changing class actions
When the U.S. Supreme Court handed down its ruling in AT&T Mobility v. Concepcion, some predicted that the decision allowing the phone carrier to bar class proceedings in its consumer arbitration contracts would bring an end to consumer class actions ...
Tagged with: Sept. 2011 issue
Read More »Suit over disability ‘perception’ allowed
A schizophrenic employee who was removed from his job despite medical evaluations pronouncing him fit to work could sue his employer pursuant to the Americans with Disabilities Act, the 1st U.S. Circuit Court of Appeals has ruled.
Tagged with: Sept. 2011 issue
Read More »1st Circuit rejects restrictions on FCA liability
The 1st U.S. Circuit Court of Appeals has overturned the dismissal of a False Claims Act complaint against a medical supplier accused of committing a nationwide kickback scheme.
Tagged with: Sept. 2011 issue
Read More »
