Massachusetts

  • 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.

  • February 6, 2018

    MassMutual Stiffed Policyholders On Dividends, Jury Told

    MassMutual has breached its contracts with 300 term life insurance policyholders by refusing to pay them a total of $717,000 in dividends even as the company’s bank account swelled, counsel for a certified class of policyholders told a California jury during Tuesday opening statements.

  • February 6, 2018

    Guatemalan Mom's Removal Barred During Detention Dispute

    A Massachusetts federal judge on Tuesday barred the deportation of a native of Guatemala who has been living in Rhode Island while she pursues a lawsuit challenging her detention by U.S. Immigration and Customs Enforcement.

  • February 6, 2018

    Doc Must Face Undiagnosed Heart Disease Suit, Court Says

    The Massachusetts Appeals Court on Tuesday revived claims that a primary care physician caused a patient’s death at the age of 46 by failing to diagnose his heart disease, finding that a medical malpractice review panel wrongly determined there was insufficient evidence.

  • February 6, 2018

    Northeast Cap-And-Trade Turns 10: A RGGI Report Card

    While federal climate change policy is now in full retreat under President Donald Trump, the Regional Greenhouse Gas Initiative has been a picture of policy stability since it began running in 2009. As the climate compact of northeastern states enters its 10th year of operation and welcomes a 10th member in New Jersey, climate experts draw up a RGGI report card.

  • February 6, 2018

    Mass. Justices Question Legality Of 'Millionaire Tax' Petition

    Justices on Massachusetts' high court pushed back on Tuesday against the proponents of a ballot initiative that would increase income taxes on the state's highest earners and send the money to education and transportation programs, at times echoing a cohort of businesses arguing against its constitutionality.

  • February 6, 2018

    Battery Ventures Nabs $1.25B From Latest Funds

    Battery Ventures LP on Tuesday said a pair of new funds took in $1.25 billion, as the Boston-headquartered investment firm aims to make an even bigger splash across the technology space.

  • February 6, 2018

    NFL, Union Try To Nix Agent’s 'Frivolous' Antitrust Claims

    The National Football League and the NFL Players Association on Monday filed motions to dismiss "frivolous" antitrust claims brought by a sports agent who was decertified for failing to meet a three-year signing rule, telling a Massachusetts federal court the rule stems from a collective bargaining agreement that is exempt from scrutiny.

  • February 5, 2018

    Surgery Center, Estate Contest Punitives In Meningitis MDL

    A Maryland surgery center linked to a deadly meningitis outbreak involving contaminated epidural painkillers exchanged salvos Friday with the estate of a deceased patient in Massachusetts federal court multidistrict litigation over whether the estate was entitled to punitive damages under either of those states’ laws.

Expert Analysis

  • A Look At Recent Efforts To Contain Health Care Costs

    Andrew Bab

    At both the federal and state levels, government payors and other entities have developed initiatives to contain costs and promote accessibility to reasonably priced health care, while private payors are pursuing similar objectives through vertical integration, say attorneys with Debevoise & Plimpton LLP.

  • The Broader Implications Of Sessions’ Marijuana Move

    Markus Funk

    Beyond what it heralds for the marijuana industry, Jeff Sessions’ memo on marijuana enforcement signals a new era of increasingly decentralized federal prosecutorial power, say attorneys with Perkins Coie LLP, including former Colorado Chief Justice Michael Bender.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • Massachusetts Marijuana Regulatory Scheme Takes Shape

    Robert Munnelly Jr.

    Massachusetts' emerging regulatory program for both recreational and medical use marijuana, supervised by its new Cannabis Control Commission, will serve as a national model for cannabis industry players and regulators, say Robert Munnelly Jr. and Shawn McCormack of Davis Malm & D'Agostine PC.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • 4 Ways Tax Reform May Affect The Sports World

    Michael Rueda

    The Tax Cuts and Jobs Act of 2017 limits deductions on state and local income, sales and property taxes up to $10,000 per year. This new limitation may provide certain sports teams, particularly those in states like Texas and Florida, an advantage in attracting and signing talent, say Michael Rueda and David Lehn of Withers Bergman LLP.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.

  • Diagnosing Juror Bias Against Foreign Witnesses

    Christina Marinakis

    In an effort to study jurors' attitudes toward foreign witnesses, a representative sample of over 1,000 jury eligibles across the U.S. were surveyed over the course of several years. The results revealed two important findings, says Christina Marinakis, director of jury research at Litigation Insights.

  • The Most Important State And Local Tax Cases Of 2017

    Jeffrey Friedman

    This year, states and taxpayers sought guidance from state courts on some of the most contentious state tax issues, including attacks on the physical presence nexus requirement, aggressive application of economic nexus principles and continued uncertainty around related-party addback exceptions and retroactive tax legislation, say Jeffrey Friedman and Stephanie Do of Eversheds Sutherland LLP.