• February 9, 2018

    Toyota Beats Suit Over Special Tire Pricing

    A Massachusetts federal judge on Thursday dismissed a proposed class action against Toyota Motor Sales USA and Colonial Imports Corp., ruling that the buyer failed to show he was harmed when he purchased three tires, which he claims were deceptively marked up, in order to get the fourth tire for one dollar.

  • February 9, 2018

    Mental Health Centers Strike $4M Deal In Medicaid Fraud Row

    A company that operates several mental health centers in Massachusetts has agreed to pay $4 million to settle accusations that it improperly billed the state Medicaid program for services provided by unlicensed, unqualified and unsupervised employees, Attorney General Maura Healey announced Thursday.

  • February 9, 2018

    Mass. Sens. To EPA: Make GE Send River Waste Out Of State

    A trio of congressional representatives Thursday urged the U.S. Environmental Protection Agency to reject a request by General Electric for local disposal of contaminated soil dredged from the Housatonic River after an agency appeal board threw that section of the cleanup plan into question.

  • February 9, 2018

    Former Aveo Chief Medical Officer Ordered To Pay SEC $50K

    A federal magistrate judge in Boston on Friday ordered the former chief medical officer at Aveo Pharmaceuticals Inc. to pay a $50,000 civil penalty to the U.S. Securities and Exchange Commission, one-third of what the agency sought, to end claims that he misled investors in a 2012 conference call.

  • February 8, 2018

    Yahoo Asks Justices To Shield Privacy Of Emails After Death

    Yahoo has asked the U.S. Supreme Court to decide what should happen to our email accounts when we die, arguing that a ruling by Massachusetts’ top court “effectively eliminates personal privacy in email content after death” and needs to be corrected.

  • February 8, 2018

    Drivers Subject To Charter OT Exemption: Mass. Justices

    A provision of Massachusetts' overtime law that exempts employees of state-licensed charter bus operators from extra pay applies even if those workers also provide school bus service, which is typically not exempt from overtime requirements, the state's Supreme Judicial Court said Thursday.

  • February 8, 2018

    Ex-Shields Pharmacy Exec Asks 1st Circ. To Allow FCA Claim

    Counsel for a fired pharmacy executive argued before the First Circuit on Thursday that health care providers that establish contracts through anti-competitive practices should be held liable for false claims charged to government insurance programs under those agreements.

  • February 8, 2018

    Omni Must Face Suit Over Hotel Lobby Assault, 1st Circ. Says

    The First Circuit on Wednesday revived a man’s lawsuit accusing Omni Hotels of negligence in connection with an assault he suffered in the lobby of one of its properties in Rhode Island, finding he had backed up his allegations.

  • February 8, 2018

    Ropes & Gray Hit With Malpractice Suit By Fund Co-Founder

    The former co-head of a venture capital fund on Wednesday filed suit against the fund’s former law firm Ropes & Gray LLP, alleging that the firm helped his partner go behind his back to take over the company and saying that the firm’s efforts to cover its tracks only exacerbated the problem.

  • February 8, 2018

    1st Circ. OKs Explaining Bias Suit Burden-Shifting To Jury

    The First Circuit on Wednesday denied a new trial to a former Rhode Island municipal social worker who alleged she was fired because of a disability, rejecting her argument that the district judge confused the jury by instructing them on the federal courts’ burden-shifting framework for proving bias claims.

  • February 8, 2018

    Mass. High Court Determined To ID Painting Of Mystery Judge

    The Supreme Judicial Court of Massachusetts is on a mission to identify the former justice in an oil painting hanging outside the office of Chief Justice Ralph D. Gants.

  • February 7, 2018

    1st Circ. Weighs Insuring Cosby Statements Against Accusers

    First Circuit judges in Boston on Wednesday considered whether an AIG insurer should have to help Bill Cosby fight lawsuits from women who say he defamed them after they accused him of sexual abuse.

  • February 7, 2018

    Judge Caps Escobar FCA Claims, Tells Attys 'Get On With It'

    A federal judge in Boston on Wednesday trimmed a False Claims Act lawsuit against Universal Health Services Inc. and ordered "full steam ahead" on the case that was bogged down in appellate disputes for years.

  • February 7, 2018

    Doc Can't Use Depression To Stall Medicare Fraud Sentencing

    A Massachusetts federal judge on Wednesday found that a formerly licensed physician who pled guilty last March to billing Medicare and other health insurance agencies for services he never performed is competent to face sentencing.

  • February 7, 2018

    Ex-State Street Exec Faces New Charge Of Bilking Insurer

    Prosecutors on Wednesday added to a charge in a case against a former executive at State Street Corp., saying he duped a U.S. insurer into paying a hidden commission on fixed income trades just as he had overseas clients.

  • February 7, 2018

    1st Circ. Won't Rethink Decision On Beetle Infestation

    The First Circuit on Tuesday said it would not rethink its conclusion that the government did not have to get a property owner’s permission before removing 25 trees on his land as part of an effort to stop an infestation of beetles.

  • February 7, 2018

    Mass. Gaming Regulator Says Wynn's Exit Won't Halt Probe

    The Massachusetts Gaming Commission said Wednesday it will “aggressively” continue investigating why a $7.5 million settlement paid to a Wynn Resorts employee alleging Steve Wynn forced her to have sex was not divulged when a subsidiary sought a license for a $2.4 billion casino resort, regardless of the founder's resignation.

  • February 7, 2018

    Vistaprint Settles Gay Couple’s Suit Over Preachy Switcheroo

    Vistaprint on Wednesday resolved a recently married Australian gay couple’s lawsuit after it said it accidentally swapped their order of wedding programs with a pamphlet warning that “Satan entices your flesh with evil desires,” apologizing and promising to donate to LGBTQ groups.

  • February 7, 2018

    Hospital To Face Some Claims In Last Meningitis MDL Case

    In the final case in multidistrict litigation over a deadly 2012 meningitis outbreak, a Maryland surgery center must face negligence claims from the estate of a deceased woman, but can’t be held liable for punitive damages, a Massachusetts federal judge ruled Wednesday.

  • February 6, 2018

    After Tragedy, Mom Says Pharmacists Must Seek Docs' Rx OK

    The Massachusetts Supreme Judicial Court on Tuesday considered giving pharmacists new legal obligations in the wake of a young woman's death from seizure complications while her epilepsy medication was caught in administrative limbo.

Expert Analysis

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Appointment Of CFPB Director Causes Rift Among State AGs

    Stephen Piepgrass

    With challenges to the president’s pick for acting director of the Consumer Financial Protection Bureau in the federal courts, opposing contingents of state attorneys general have weighed in with filings as amici curiae. The controversies have centered largely on whether the Consumer Financial Protection Act or the Federal Vacancies Reform Act controls the appointment, say Stephen Piepgrass and Robert Claiborne Jr. of Troutman Sanders LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • How The Climate Changed For Renewables In 2017

    Brook Detterman

    2017 ended, as it began, with much uncertainty for renewable energy, as the Trump administration continued to move against the Clean Power Plan. But key renewable energy objectives advanced at the state level, and tax reform left the production tax credit for wind energy and the investment tax credit for solar developers intact, says Brook Detterman of Beveridge & Diamond PC.

  • 6 Steps To Complying With New Mass. Labor Laws

    Paul Holtzman

    With new Massachusetts statutes addressing pay equity and pregnant workers taking effect this year, companies in the state should take extra care to ensure that all guidelines, policies and procedures are not only established and documented, but also clearly communicated to and understood by all employees, says Paul Holtzman of Krokidas & Bluestein LLP.

  • 2017 Health Care Enforcement Review: Materiality Under FCA

    Laurence Freedman

    As expected, the U.S. Supreme Court's Escobar decision triggered a spate of litigation over how to apply the materiality standard in False Claims Act cases. Throughout 2017, the lower courts built upon the standard, but we expect courts to continue to grapple with the issue through 2018, say Laurence Freedman and Jordan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • What It Means If States Can Set Medicaid Work Requirements

    Caroline Brown

    In a long-anticipated move, the Centers for Medicare & Medicaid Services recently announced that it will allow states to implement Medicaid work requirements, representing a major shift in the agency's policy. However, the move will only impact a small percentage of the Medicaid population, say Caroline Brown and Philip Peisch of Covington & Burling LLP.

  • 2017 Health Care Enforcement Review: FCA Case Law

    Brian Dunphy

    Last year, courts issued numerous health care-related decisions interpreting the legal standards under the False Claims Act and assessing the viability of a multitude of FCA liability theories. These decisions will affect the prosecution and defense of FCA cases for years to come, says Brian Dunphy of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • America's Shifting Views On Marijuana Post-Cole Memo

    Jonathan Robbins

    Although Attorney General Jeff Sessions' rescission of the Cole memo does not change federal law, negative response to the rescission across the cannabis sector and political landscape was strong, swift and bipartisan, which may lead to congressional action in the future, say Jonathan Robbins and Joshua Mandell of Akerman LLP.