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Massachusetts

  • September 19, 2018

    Amazon Accused Of Infringing Patented 'Twisty' Pipe

    The maker of a corkscrew pipe popularly used to smoke marijuana has accused Amazon in Massachusetts federal court of infringing a patent on the glass blunt known as Twisty by enabling third-party merchants to sell knockoff versions on the world's most popular retail website.

  • September 19, 2018

    NJ High Court Disbars Mass. Atty For Pocketing Funds

    New Jersey's highest court has disbarred a Massachusetts-based attorney for pocketing $16,250 that was meant for a man who the lawyer has claimed was his business partner and then spending the entire amount in less than two months on his own personal expenses.

  • September 19, 2018

    No Need To Reconsider Immunity At PTAB, Fed. Circ. Hears

    Mylan Pharmaceuticals Inc. and other generic-drug companies challenging Allergan PLC patents for dry-eye medication Restasis urged the full Federal Circuit on Tuesday not to reconsider an earlier decision that tribal sovereign immunity doesn’t apply in reviews at the Patent Trial and Appeal Board.

  • September 19, 2018

    Keep Haitians' Status Suit, 17 States Tell NY Court

    A group of 17 states and the District of Columbia filed an amicus brief in New York federal court Wednesday backing a legal challenge to a decision by President Donald Trump and the U.S. Department of Homeland Security to end temporary protected status for Haitians.

  • September 19, 2018

    Labaton, ERISA Attys Reach Tentative Deal In $75M Fee Fight

    The special master appointed to investigate a $75 million attorneys' fee awarded in a $300 million settlement with State Street Corp. has reached a tentative agreement with the lead class counsel, Labaton Sucharow LLP, and Employee Retirement Income Security Act lawyers involved in the case, according to a filing late Tuesday in Massachusetts federal court.

  • September 18, 2018

    Boston Scientific Faces Chancery Suit For Ending $275M Deal

    Medical technology developer Channel Medsystems Inc. sued Boston Scientific late Monday in Delaware's Chancery Court, claiming an unjustified breach of a $275 million agreement to buy Channel and its potential breakthrough device for treating heavy menstrual bleeding.

  • September 18, 2018

    Harvard Eyes Affirmative Action Opponent Behind Bias Suit

    Harvard University said Tuesday its lawyers were considering calling a high-profile affirmative action opponent to testify “in a trial he himself orchestrated” that could ask a Boston federal jury whether the Ivy League school discriminates against Asian-American undergraduate applicants to raise up people of other races.

  • September 18, 2018

    Dunkin' Donuts Wants 'Fake Blueberry' Doughnut Suit Tossed

    Dunkin' Donuts on Monday asked an Illinois federal judge to toss a suit alleging that the chain misled customers about its artificially flavored blueberry doughnuts, saying the customer leading the suit can't prove he overpaid for his sweet treat.

  • September 18, 2018

    Mass. Utility Hit With $50M Suit After Deadly Gas Explosions

    Antiquated infrastructure and a lack of leak prevention and safety practices led to last week’s gas explosions in three communities north of Boston, killing one person and displacing thousands, according to a $50 million proposed class action filed Tuesday in Massachusetts state court seeking to hold the utility company responsible.

  • September 18, 2018

    Six Cos. Launch IPOs Totaling $465M Led By Biotech Firms

    Six companies set price ranges this week on initial public offerings estimated to raise $465 million combined, led by four biotechnology firms plus a medical device company and a Maryland bank, adding to a growing lineup of issuers expected to price IPOs in the coming days.

  • September 18, 2018

    Mass. Hospital Rips FCA Claims Med Students Not Supervised

    Massachusetts General Hospital argued Monday that a former anesthesiologist’s False Claims Act lawsuit citing specific bills fails to properly show that the renowned teaching hospital overbilled government health programs for time patients spent in the care of unsupervised doctors-in-training or waiting on overbooked surgery units.

  • September 18, 2018

    Sens. Want NLRB Member Off Case For Littler Mendelson Ties

    U.S. Sen. Elizabeth Warren, D-Mass., told the National Labor Relations Board that member William Emanuel shouldn't participate in a case that could overturn an earlier board decision allowing workers to use their employers' email systems for union business, arguing that the former Littler Mendelson PC partner had a conflict of interest.

  • September 18, 2018

    Wynn Resorts Hit With $1B RICO Suit Over Mass. Casino

    Wynn Resorts Ltd. conspired to beat an East Boston racetrack for a Massachusetts Gaming Commission casino license through lies, threats, improper conversations with the agency and illegal campaign contributions, according to a multibillion-dollar Racketeer Influenced and Corrupt Organizations Act lawsuit filed in federal court.

  • September 18, 2018

    Smith & Nephew To Pay $10.5M To Settle Knee Implant IP Row

    Smith & Nephew Inc. will shell out $10.5 million to Conformis Inc. to resolve all pending patent disputes between the two medical equipment manufacturers, Conformis said Monday.

  • September 17, 2018

    CIA Can't Shake Suit Seeking Twitter Usage Docs

    A Massachusetts federal judge on Monday shot down the Central Intelligence Agency's bid to ax a Freedom of Information Act suit seeking documents about the agency's Twitter usage, finding that the limited scope of portions of the CIA's search and its decision to withhold information about certain individuals' identities were improper.

  • September 17, 2018

    Martha's Vineyard Golf Club Exempt From OT Pay, Judge Says

    A Massachusetts federal judge on Monday ruled that a tony Martha's Vineyard golf club that has welcomed such luminaries as President Barack Obama and NBA star Steph Curry doesn’t have to pay overtime to employees because it’s a seasonal, recreational establishment.

  • September 17, 2018

    Wagner Law Group Adds ERISA, Tax, Energy Pro As Partner

    The Wagner Law Group has expanded its practice with the addition of an ex-Mazars USA LLP Employee Retirement Income Security Act expert with years of experience under her belt, saying Monday she has come to the firm as a partner in Boston.

  • September 17, 2018

    Charter Pushes For Cable Rate-Control Relief In Mass., Hawaii

    An emerging threat from new online TV streaming competitors calls for freeing the cable business from rate caps in dozens of Massachusetts markets and a Hawaiian island, telecom giant Charter has argued in a new request to the Federal Communications Commission.

  • September 17, 2018

    Mass. To Enforce 'Cookie Nexus,' Revenue Dept. Says

    Massachusetts made it clear Monday that it will continue to enforce its “cookie nexus” regulation reaching back to October 2017, when the regulation was promulgated.

  • September 17, 2018

    Ex-UMass Student News Editor Must Face Defamation Suit

    The Massachusetts Appeals Court ruled Monday that a former employee at University of Massachusetts’ Boston campus can sue a onetime student news editor for defamation, saying that publishing police blotter activity does not enjoy press protections.

Expert Analysis

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Why State Marijuana-Impaired Driving Laws Need Reform

    Ian Stewart

    Because current state laws relating to marijuana-impaired driving lack an objective impairment standard, only those who clearly demonstrate impaired driving are likely to be prosecuted and convicted, says Ian Stewart of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Opinion

    1st Circ. Eye Drop Decision Gets Preemption Right

    James Beck

    A Massachusetts federal court ruled last year in Gustavsen v. Alcon Laboratories that the plaintiffs’ attacks on the size of eye drops were a challenge to the U.S. Food and Drug Administration's approved dose of that product. Last week, the First Circuit affirmed — proving that weak, lawyer-driven litigation can still produce good decisions on preemption, says James Beck of Reed Smith LLP.

  • Will High Court Resolve Circuit Split On Arbitration Issues?

    Cary Sullivan

    This fall, in New Prime v. Dominic Oliveira, the U.S. Supreme Court will be presented with two important questions related to the Federal Arbitration Act’s Section 1 exemption. The ruling could have major ramifications for the transportation industry, where arbitration provisions are often included in employment or independent contractor agreements, says Cary Sullivan of Jones Day.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • TM Licensors Beware: Your Product Liability Risks May Vary

    Jordan Lewis

    Trademark licensing has exploded in popularity, with everyone from soft drink companies to Ivanka Trump getting into the game. But licensors who attach their name to products over which they lack manufacturing control take a legal risk, and courts' differing views on licensor liability for defective products create a risk of forum shopping by plaintiffs, says Jordan Lewis of Tucker Ellis LLP.