Massachusetts

  • November 14, 2017

    NFL Removes CTE Suit, Citing Labor-Management Law

    The NFL on Tuesday removed a lawsuit filed by Aaron Hernandez’s daughter to Massachusetts federal court, saying that her complaint, which seeks to hold the league and others accountable for her deceased father’s development of severe chronic traumatic encephalopathy, is based on a claim that arises under federal law.

  • November 14, 2017

    Logistics Co. To Face Expanded Claims In Stolen Lobster Row

    A Massachusetts federal judge on Tuesday rejected as moot a logistics company’s bid to duck a seafood distributor’s lawsuit over the theft of a truck containing lobster worth $318,000, in light of recently filed expanded allegations.

  • November 14, 2017

    Fidelity Whistleblower Loses Suit Years After High Court Win

    A former finance director at Fidelity Investments failed to prove in Massachusetts federal court that her concerns of possible accounting fraud at the mutual funds business were credible, a jury decided Tuesday.

  • November 14, 2017

    1st Circ. Rejects Teamsters' Bid For A Redo In Extortion Case

    Two Boston-area Teamsters who recently had most of their convictions for extorting other union members and local businesses thrown out by the First Circuit lost their bid Monday to have the circuit court take another crack at their appeal when it rebuffed their arguments that it had not addressed two issues.

  • November 14, 2017

    Endowments Stick With PE In Difficult Market, Survey Shows

    In a turbulent marketplace plagued by ongoing geopolitical uncertainty and soaring asset valuations, endowments and foundations have displayed confidence investing their money with private equity fund managers because of their ability to produce high returns relative to other asset classes, according to a newly released survey.

  • November 13, 2017

    Equifax Hit With Rare '50-State' Complaint Over Data Breach

    Credit reporting agency Equifax, which suffered a data breach over the summer that left vulnerable the personal financial information of nearly half of all Americans, was served Friday with a rare "50-state" complaint that aims to combine the dozens of individual suits filed against Equifax since September.

  • November 13, 2017

    Former Mass. Resident Denies Role In Mortgage Fraud Plot

    A dual U.S.-Irish citizen who was arraigned in Massachusetts federal court last week denied participating in an alleged mortgage fraud scheme, after being extradited from Ireland in what was that country’s first extradition to the U.S. since 2012, according to the U.S. Attorney’s Office for the District of Massachusetts.

  • November 13, 2017

    Fidelity Whistleblower Asks Jury For $4.9M For Retaliation

    A federal jury in Boston on Monday began deliberating a whistleblower’s claim that her colleagues at Fidelity Investments methodically bullied and pushed her toward the door after she voiced concerns that expense miscalculations appeared to bilk shareholders.

  • November 13, 2017

    Insurers Owe F-Squared $7.7M In Defense Fees, Trustee Says

    The Chapter 11 trustee of F-Squared Investments Inc. on Friday said a pair of excess insurers owe it $7.7 million for the costs the firm ran up defending against the U.S. Securities and Exchange Commission action that bankrupted it, arguing the insurers are wrongly claiming the SEC probe started the day before the policies went into effect.

  • November 13, 2017

    Shoe Co. Win On Costs Would Sock It To Insurers: Biz Group

    An insurance trade group on Friday urged Massachusetts' highest court to rule that two insurers can recoup sums they paid to defend Vibram USA Inc. against a suit alleging it unlawfully obtained a trademark for a shoe named after an Olympic marathon champion, saying a ruling to the contrary would unfairly expand insurers' defense obligations.

  • November 13, 2017

    3 Firms Guide $1.2B Vodafone-Idea Sale To American Tower

    American Tower Corp. said Monday its Indian subsidiary is buying roughly 20,000 communications towers from Vodafone India Ltd. and Idea Cellular Ltd. for 78.5 billion Indian rupees ($1.2 billion), with S&R Associates, Slaughter and May, and Bharucha & Partners variously counseling the sellers.

  • November 13, 2017

    AutoZone Hit With Religious, LGBT Discrimination Claims

    A former AutoZone employee has accused the company of religious and sexual orientation discrimination, saying he was called a “flaming queen” and worse by co-workers and that the company refused to accommodate his desire to attend church on Sundays, according to a lawsuit removed to Massachusetts federal court Thursday.

  • November 13, 2017

    OvaScience Can’t Duck IVF Treatment Suit, Shareholders Say

    Shareholders suing OvaScience Inc. for allegedly misrepresenting the success of its fertility treatment have urged a Massachusetts federal court to keep their proposed class action alive, saying they have sufficiently detailed their claims.

  • November 9, 2017

    Movie Chain Ex-VP Says FMLA Request for MS Got Him Fired

    Movie theater chain National Amusements violated the Family and Medical Leave Act when it fired a former vice president for requesting absences due to suffering from multiple sclerosis, the ex-executive alleged in a lawsuit removed to Massachusetts federal court on Thursday.

  • November 9, 2017

    Allergan Can't Nix Antitrust Row As Buyer Class Is Certified

    Allergan PLC and several related companies lost their bid to exit an antitrust suit by end purchasers of an ulcerative colitis drug as a Massachusetts federal judge on Thursday denied their attempt to kill the claims and granted certification to a class of buyers.

  • November 9, 2017

    Ex-Aveo Exec's Penalty In SEC Deal Up To Magistrate Judge

    A Massachusetts magistrate judge will decide whether Aveo Pharmaceuticals Inc.’s former chief medical officer should pay a civil penalty under a deal that would resolve the U.S. Securities and Exchange Commission’s allegations that he hid from investors the Food and Drug Administration's concerns about its flagship kidney cancer drug.

  • November 9, 2017

    Ex-Community Health Care Dentist Alleges Racial Bias

    A former director of dental services at the Community Health Center of Cape Cod hit the facility with a racial discrimination suit in Massachusetts federal court Thursday, claiming she received smaller pay raises than colleagues and faced demeaning remarks.

  • November 9, 2017

    Plea Delayed In $1.6M Pump-Dump Case, Probe Continues

    A Florida man who says he is cooperating with federal agents in an ongoing securities fraud investigation on Thursday cemented a third delay of his scheduled guilty plea in Massachusetts federal court where he was expected to admit to exploiting a waste and recycling company's penny stock.

  • November 8, 2017

    Psychiatrist Ducks Libel Claims Over Worker Evaluations

    A psychiatrist ducked libel allegations Wednesday stemming from fitness-for-duty evaluations he conducted on a former Atrius Health Inc. employee, when a Massachusetts federal judge held that the statements he made in the assessments are protected.

  • November 8, 2017

    Hendrix Estate Accuses Tavern Of Unauthorized Song Use

    A company in charge of late guitarist Jimi Hendrix's estate filed suit Wednesday in Massachusetts federal court against the Bolton Street Tavern, a bar and restaurant in the town of Marlborough, accusing it of unauthorized use of the iconic rock star’s music at live performances.

Expert Analysis

  • Mass. Digital Health Developments: What To Know Now

    Ellen Janos

    Digital health is now an accepted part of the health care delivery system and has been widely adopted by both health providers and consumers. However, technology is evolving quickly and counsel for businesses entering this market in Massachusetts must keep up with a complex legal and regulatory landscape, says Ellen Janos of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • 3 Key Points About Mass. Employee Defamation Claims

    David Henderson

    Massachusetts employers may appreciate a short, unpublished opinion that the Massachusetts Appeals Court issued this summer because it underscores yet again the importance of the conditional privilege that generally is available to protect employers from employee defamation claims, says David Henderson, a partner with Nutter McClennen & Fish LLP.

  • A New Kid On The Block For Massachusetts Insurers: ORSA

    Richard Glovsky

    Though Massachusetts' adoption of the National Association of Insurance Commissioners' model Own Risk Solvency Act earlier this year was a watershed moment for Massachusetts insurers' risk management framework and processes, the act is not as ominous as it might appear, say Richard Glovsky and William Primps of Locke Lord LLP.

  • Opinion

    We Must Protect Consumers From Illegal Debt Collectors

    Maura Healey

    Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.

  • Extreme Weather Fuels New Climate Change Litigation Trend

    Michael McDonough

    As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts. The most recent lawsuits show that extreme weather events such as Hurricanes Harvey and Irma likely will intensify this trend, say Michael McDonough and Stephanie Amaru of Pillsbury Winthrop Shaw Pittman LLP.

  • Alarming Trend Continues With Weymouth Condo Fire

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    It remains to be seen whether the recent triumvirate of devastating fire losses in Massachusetts will have an impact on building codes, construction practices or the underwriting of construction risks. However, at the very least, a commission should be formed to investigate why these fires are occurring with alarming frequency, says Kristin Suga Heres of Zelle LLP.

  • Preparing For New Mass. Pregnancy Accommodations Law

    Mehreen Rasheed

    Massachusetts is the latest state to pass a pregnancy accommodation law, joining 21 other states and Washington, D.C. Like many of the similar state laws, the recently enacted Massachusetts law will expand protections for pregnant employees beyond those available under federal law, say Mehreen Rasheed and Carolyn Wheeler of Katz Marshall & Banks LLP.

  • Mass. Clean Energy Standard Reshapes Energy Landscape

    Eric Runge

    With the regulations it issued last month, Massachusetts maintains its leadership position among states seeking to achieve ambitious clean and renewable energy goals. The Clean Energy Standard will create major new investment opportunities and impact the wholesale power markets in significant ways, says Eric Runge of Day Pitney LLP.

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."

  • East Coast Medical Marijuana Lessons For Nev. Employers

    Laura Jacobsen

    Recent court decisions from the East Coast have held that medical patients terminated for positive medical marijuana test results have valid causes of action against their employers for disability discrimination. Because Nevada law provides some protection for employees who engage in off-duty medical marijuana use, Nevada employers should take important lessons from these cases, says Laura Jacobsen of McDonald Carano LLP.