Massachusetts

  • June 01, 2020

    Tufts Must Face Suit Over Patient's Infection Death

    A Massachusetts appeals court on Monday revived a suit accusing Tufts Medical Center and others of causing a patient's infection death from contaminated medication, saying there is a factual dispute as to whether a doctor inspected the drug packaging for cracks.

  • June 01, 2020

    Converse Says Steve Madden Copied Its 'Run Star Hike' Shoes

    Converse Inc. is claiming that Steve Madden Ltd. copied its Run Star Hike sneaker design, infringing two of its design patents, according to a suit filed Friday in Massachusetts federal court.

  • June 01, 2020

    Mass. Gov. Like King George III In Virus Response, Suit Claims

    Massachusetts Gov. Charlie Baker overstepped his authority when he shut down businesses across the state during the COVID-19 pandemic, according to a suit filed Monday that compares him to King George III.

  • June 01, 2020

    DOJ Closes Immigration Courts In 15 Cities Over 'Civil Unrest'

    The U.S. Department of Justice's Executive Office for Immigration Review announced on Twitter late Sunday and early Monday that it would be closing immigration courts in 15 cities due to what it called "civil unrest" related to the anti-racism protests sweeping the country.

  • June 01, 2020

    2nd Circ. Side-Eyes Vehicle Emissions Penalty Rollback

    A Second Circuit panel appeared skeptical Monday about whether the Trump administration was within its rights to implement a nearly 61% rollback of penalties for violations of motor vehicle average fuel economy standards.

  • June 01, 2020

    'Strange' Times For Mass. Judges As Virus Redefines Court

    As attorneys, firms, law schools and students adjust to their new normal, the judiciary is also trying to figure out what that will look like once the courts ramp back up.

  • June 01, 2020

    Coronavirus Q&A: Goulston Real Estate Leaders

    In this edition of Coronavirus Q&A, two of Goulston & Storrs' real estate leaders discuss the challenges of reopening in Boston and beyond, and note that trouble could be looming later this year for the multifamily sector.

  • June 01, 2020

    High Court Upholds Puerto Rico Financial Oversight Board

    The U.S. Supreme Court on Monday unanimously ruled that members of Puerto Rico's Financial Oversight and Management Board do not require U.S. Senate approval because the board's handling of the island's $125 billion bankruptcy is limited to Puerto Rico's fiscal issues and it only exercises local, territorial authority.

  • May 29, 2020

    Rejected College Applicants Can't Sue Over 'Varsity Blues'

    A California federal judge tossed two putative class actions against the mastermind of the "Varsity Blues" admissions cheating scandal and universities tied to the headline-grabbing case, ruling Friday that the rejected college applicant plaintiffs weren't particularly impacted by the scheme.

  • May 29, 2020

    Sens. Join Call For FTC To Probe How TikTok Uses Kids' Data

    A bipartisan group of U.S. senators on Friday stepped up pressure on the Federal Trade Commission to investigate whether popular video-sharing app TikTok is "blatantly flouting" a deal with the commission that required it to significantly strengthen its children's privacy protections, a push that came just a day after more than a dozen U.S. House Democrats issued a similar call. 

  • May 29, 2020

    Race Co. Can't Escape Suit Over 'Worthless' Insurance

    A Florida federal court struck back at Spartan Race Inc.'s calling it "ill-equipped" to hear a proposed class action accusing it of overcharging racers for "worthless" insurance, rejecting its bid to move or dismiss the suit and finding the company failed to show the fee was not a deceptive or unfair act.

  • May 29, 2020

    Dems Upbeat On Prospects For Stalled Broadband Bills

    House and Senate Democrats have high hopes for passing a bevy of broadband expansion bills, whether or not they're officially rolled into the next coronavirus rescue package, two Hill staffers told Law360 during a virtual panel event on Friday.

  • May 29, 2020

    Maine Pay-Per-Channel Law Is Illegal, Comcast Tells 1st Circ.

    Comcast and a coalition of big-name networks called on the First Circuit to shield them from a recent Maine law mandating they let consumers buy individual channels instead of package deals, arguing Friday the mandate undermines their editorial discretion and cuts into their free speech.

  • May 29, 2020

    Lawmakers Say DOI's Trust Decision 'Infringed' On Congress

    The U.S. Department of the Interior exceeded its lawful powers when it revoked trust land from a Massachusetts tribe in March, a bipartisan group of members of Congress have written in an amicus brief filed in D.C. federal court.

  • May 29, 2020

    RI Says 9th Circ. Agrees Climate Suit Belongs In State Court

    Rhode Island told the First Circuit that a pair of recent Ninth Circuit decisions lend support to its argument that a lower court correctly sent back to state court the state's lawsuit seeking to pin climate change-related infrastructure costs on energy giants like Chevron.

  • May 29, 2020

    Facebook Beats AI Startup's Bid To Shield Trade Secrets

    An artificial intelligence startup has failed to prove that its first employee ran off with the company's trade secrets when he took a job at Facebook, a Massachusetts federal judge said, denying the firm's request to block the former worker's ongoing research at the social media giant.

  • May 29, 2020

    1st 'Varsity Blues' Trial Date Remains Firm Despite Pandemic

    Despite the COVID-19 pandemic and the uncertainty surrounding when and how jury trials will resume in Massachusetts, a federal judge said Friday the first "Varsity Blues" college admissions fraud trial is still slated to begin in late September.

  • May 29, 2020

    BBQ Chain Managers' Bid For Nationwide Wage Suit Falls Flat

    A Florida federal judge on Friday declined to greenlight a nationwide class of Smokey Bones Bar and Fire Grill managers accusing the barbecue chain of violating the Fair Labor Standard Act by making managers exempt from overtime pay.

  • May 29, 2020

    Mass. Gun Shops Say Reopening Doesn't Moot Case

    Massachusetts Gov. Charlie Baker's decision to allow gun shops to reopen during the pandemic following a successful legal challenge by retailers doesn't moot their case, an attorney for the stores told a federal judge Friday, citing the possibility that a second wave of the coronavirus could trigger another shutdown.

  • May 28, 2020

    Palomar Fails To Get Past Alice In Manufacturing Patent Suit

    A Massachusetts federal judge on Thursday threw out Palomar Technologies Inc.'s lawsuit accusing rival MRSI Systems LLC of infringing its manufacturing patent, concluding there is "dramatically less to the claimed invention than meets the eye."

  • May 28, 2020

    Remanding Mass. Exxon Climate Case Clear Call, Judge Says

    A Massachusetts federal judge said Thursday the state attorney general's suit claiming ExxonMobil Corp. lied to investors and the public about climate change-associated risks relies on "mundane theories of fraud" that can be litigated in state court.

  • May 28, 2020

    Ex-GE Engineer Cops To Stealing Trade Secrets

    A research engineer who worked for General Electric Co. for more than eight years admitted Thursday to swiping trade secrets from his previous employer in hopes of using the information to start his own venture.

  • May 28, 2020

    MIT Expands Patent Fight Over Ford Engines

    The Massachusetts Institute of Technology has geared up for round two of its patent fight with Ford Motor Corp., lodging another lawsuit in Delaware federal court that accuses the auto giant of stealing its technology for fuel-efficient engines.

  • May 28, 2020

    GE, Fund Chided For 'Petty Squabble' Over Pension Arbitrator

    A Kansas federal judge has ended a dispute between General Electric and the Boilermaker-Blacksmith National Pension Trust over who should oversee a $205 million withdrawal liability arbitration, appointing the arbitrator neither side wanted and condemning the parties' "regrettable" and "most unnecessary" "petty squabbling" on Thursday.

  • May 28, 2020

    Cape Cod Resort Settles Groundwater Pollution Suit

    A Cape Cod resort will revamp its sewage disposal system and contribute funds to cleanup efforts to end litigation brought by an environmental group accusing it of illegally emptying dangerous pollutants into local waterways.

Expert Analysis

  • Trump Likely Doesn't Have Power To Reopen Businesses

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    While President Donald Trump has expressed his desire to restart the American economy, businesses should be aware that a presidential executive order would likely be deemed legally ineffective to override state and local shutdown orders, say attorneys at Gibson Dunn.

  • Opinion

    New Jersey's Plan For 2020 Law Grads Is Brilliant

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    The New Jersey Supreme Court's much-needed order allowing this year's law school graduates to practice prior to being admitted should be adopted in New York — and developed further even after the pandemic ceases, says attorney Dmitriy Shakhnevich.

  • The New Gov't Policies Easing Deployment Of Health Workers

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    Health care providers seeking to address staffing shortages in the face of COVID-19 must consider a number of issues including professional licensure requirements, reimbursement and malpractice considerations, but state and federal governments have taken some steps to help, say attorneys at Ropes & Gray.

  • Public Meeting Requirements In The Age Of COVID-19

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    Here's how 49 states and the District of Columbia are balancing the requirement to conduct the public’s business in the public eye amid state social distancing measures due to the pandemic, say attorneys at Troutman Sanders.

  • COVID-19 May Test ADA Employee Attendance Standards

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    Companies should not overlook the value of addressing employee attendance related to Americans with Disabilities Act accommodations as they confront risks and costs due to the impact of COVID-19, says Blake Bertagna at Paul Hastings.

  • Managing E-Discovery Providers In Times Of Crisis

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    Retention of e-discovery providers usually involves considerable time and several layers of approval, but practicalities during the current emergency have proven that law firms must have the acuity to make smart but quick game-time decisions, says Shannon Capone Kirk at Ropes & Gray.

  • Compliance Challenges In Cos.' COVID-19 Charity Marketing

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    Many businesses are interested in being associated with charitable causes related to the COVID-19 pandemic — but it's essential to make sure any marketing claims comply with federal and state consumer protection laws and regulations, say John Feldman and Jason Gordon at Reed Smith.

  • Witness Preparation Tips For Your Next Video Deposition

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    Just like in a normal deposition, remind your witness that testimony provided via videoconference may be used in a courtroom, so they must be mindful of everything they say or don’t say, the space they are in, and their attire, say Adam Bloomberg and Merrie Jo Pitera at Litigation Insights.

  • Rebuttal

    In Defense Of Virtual Mediation

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    A recent Law360 guest article highlighted reluctance among some in the legal community to embrace video mediation, but when assessing the concerns, it quickly becomes clear that the disinclination is not rooted in any firm rationale, says Michael Willemin at Wigdor.

  • An Employer's WARN Act Compliance Guide For COVID-19

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    Todd Boyer and Arthur Rooney at Baker McKenzie explain employer notification requirements under federal and state Worker Adjustment and Retraining Notification Acts for implementing furloughs, temporary closings and layoffs amid the coronavirus pandemic.

  • First-Quarter Securities Class Actions Respond To Outbreak

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    U.S. securities fraud class actions in the first quarter related to COVID-19 represent a small portion of the total exposure, but more fervent shareholder recovery efforts can be expected as the fiduciary duties of institutional investment managers are tested and investors seek nontraditional equity investment returns, says Nessim Mezrahi at SAR.

  • A New, Confusing Patchwork Of Statutes Of Limitations

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    As governors and judiciaries across the U.S. rapidly issue and then extend orders tolling statutes of limitations due to the pandemic, lawyers and clients must continuously track them — and states' differing directives make tracking and docketing all the more painstaking, say Rebecca Brazzano and Martine Wilson at Thompson Hine.

  • A Call To Action For The Coming Insurance Litigation Siege

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    Anticipating an onslaught of insurance litigation over coronavirus business interruption claims, G. Andrew Lundberg at Burford Capital paints a picture of what cooperation could look like among lawyers, courts, legislatures, regulators, insurers and policyholders dealing with this once-in-a-generation stress on the nation's judicial resources.

  • HIPAA Does Not Override Public Access To COVID-19 Data

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    Favoring privacy over transparency, city and state officials have invoked the Health Insurance Portability and Accountability Act to withhold coronavirus-related information, but HIPAA does not restrict their ability — or excuse their obligation — to disclose documents made public by open records laws, says Al-Amyn Sumar at Ballard Spahr.

  • Insurers Should Act Now To Guard Against COVID-19 Claims

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    If insurers are to stanch the flow of coverage claims from policyholders impacted by the coronavirus, they must be prepared to fight and win early cases concerning property insurance and other types of policies because even small cases could set important precedents at this stage, say attorneys at Lewis Baach.

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