Massachusetts

  • September 28, 2017

    Samsung Washing Machine Cases Could Head To Oklahoma

    Most of the consumers and retailers embroiled in a lawsuit over Samsung top-loading washing machines that allegedly vibrate and blow their lids off told the Judicial Panel on Multidistrict Litigation at a hearing in Boston Thursday that the case would be best served as an MDL in the Western District of Oklahoma.

  • September 28, 2017

    J&J Loses Bid For Rehearing Of FCA Ruling By 1st Circ.

    Johnson & Johnson Services Inc. and its subsidiary DePuy Orthopaedics Inc. lost their latest bid to escape accusations the companies indirectly submitted false claims to the government for faulty hip replacement devices when a First Circuit panel ruled Wednesday that it would not reconsider its revival of the allegations.

  • September 28, 2017

    JPML Skeptical Of Blue Spike IP Suit Consolidation Effort

    Data security patent-holder Blue Spike faced a skeptical Judicial Panel on Multidistrict Litigation on Thursday in Boston when it asked to transfer a number of its patent suits to the Eastern District of Texas against companies like Barnes & Noble, Juniper Networks, Toshiba and Roku, arguing that the complexity of the litigation would lend itself to an MDL.

  • September 28, 2017

    4 Employment Cases Massachusetts Attys Should Watch

    In Massachusetts, the state’s highest court recently gave medical marijuana users the green light to sue their employers for disability discrimination, and a federal court will soon decide whether the Boston Police Department illegally refused to adopt a drug test that was less likely to yield false positives against black officers. Here, Law360 looks at four employment cases that lawyers in the commonwealth should follow.

  • September 28, 2017

    Mass. Hospital Sues To Block Nurses' Strike

    A Massachusetts hospital on Wednesday asked a federal court to block an upcoming one-day strike planned by the Massachusetts Nurses Association, arguing the nurses are still bound by a contract with a no-strike provision.

  • September 28, 2017

    Alere Settles SEC Fraud Probe With $13M Payout

    Diagnostic test maker Alere Inc. has agreed to pay $13 million to settle allegations that it committed accounting fraud and made illegal payments to foreign officials to boost revenue numbers, the U.S. Securities and Exchange Commission announced Thursday.

  • September 28, 2017

    Toshiba Firms Up Terms Of $17.8B Sale Of Memory Biz

    Toshiba firmed up its plans to sell its memory business to a consortium led by Boston-based Bain Capital on Thursday, clarifying the structure of the anticipated $17.8 billion deal and sharing more information on the buyer group.

  • September 27, 2017

    Owner Of Meningitis-Linked Pharmacy Must Forfeit $7.5M

     A Massachusetts federal judge ordered a New England Compounding Center pharmacist Wednesday to forfeit $7.5 million for his role in a 2012 deadly meningitis outbreak tied to the pharmacy, while the government separately urged the court to order him to pay an additional $73.7 million in restitution to victims.

  • September 27, 2017

    Amazon Must Give Up Vendor Info, Mass. Revenue Dept. Says

    The Massachusetts Department of Revenue has taken Amazon to court, seeking to force the online retail giant to release documents about vendors that store products at Amazon locations in the state.

  • September 27, 2017

    Cynosure Hit With Class Action Over 'Useless' Body System

    Cynosure Inc. was hit with a proposed class action Wednesday in Massachusetts federal court by a group of aesthetic medical centers and medical spas claiming its body contouring system is "effectively useless."

  • September 27, 2017

    Meningitis Pharmacy Treated ‘Donald Duck’ And Other Fakes

    A Massachusetts pharmacy linked to the deadly 2012 meningitis outbreak often sent drugs to doctors and clinics that were using clearly fake patients' names, a former employee said in the murder and fraud trial of one of the company’s top employees.

  • September 27, 2017

    SK Hynix Offers More Details On $18B Toshiba Memory Deal

    South Korean chipmaker SK Hynix Inc. offered additional details in a regulatory filing on Wednesday about its involvement in Toshiba’s anticipated $18 billion sale of its memory business to a consortium led by Boston-based Bain Capital, as those involved continue to fine-tune the transaction.

  • September 27, 2017

    5 Indicted For Running Sports Betting Ring Outside Boston

    A Massachusetts grand jury has indicted five people in connection with an alleged illegal sports betting operation run out of a sports bar in the Boston suburb of Quincy, state Attorney General Maura Healey said Tuesday.

  • September 27, 2017

    Half A Dozen Firms Aided Top Mass. Real Estate M&A Deals

    More than half a dozen law firms have grabbed work on the five largest real estate mergers and acquisition matters thus far this year that involved a Massachusetts-based buyer or seller, a group of deals that includes one transaction north of $1 billion and a second deal close to that mark.

  • September 26, 2017

    Sanofi Urges Judge To Dump Antitrust Suit Over Lantus

    Sanofi-Aventis urged a Massachusetts magistrate judge Tuesday to dismiss an antitrust suit over its Lantus diabetes treatments, arguing that it reasonably listed its products in the so-called Orange Book and that its patent litigation against Eli Lilly was not a sham.

  • September 26, 2017

    Western Digital Eyes Arbitration To Block $18B Toshiba Deal

    Western Digital said Tuesday it stands by plans to have Toshiba’s anticipated $18 billion sale of its memory business to a private equity-led group arbitrated given the Japanese company’s purported “unwillingness” to resolve issues regarding their joint venture interests.

  • September 26, 2017

    Pretext Traffic Stops Racist, ACLU Tells Mass. High Court

    The American Civil Liberties of Massachusetts on Monday urged the Massachusetts Supreme Judicial Court to ban traffic stops with ulterior motives, arguing these pretextual stops are racist and not backed by state law.

  • September 26, 2017

    HR Rep Fired For Upholding Immigration Laws, Suit Says

    A former director of human resources at a Massachusetts marketing analytics company was fired for refusing to violate immigration laws by laying off U.S. workers before foreign workers, claims a suit removed Monday to Massachusetts federal court.

  • September 26, 2017

    Native Groups Back Tribe's 1st Circ. Bid To Redo River Row

    Two tribal rights organizations have added their support to bids by the federal government and the Penobscot Indian Nation for a First Circuit review of a panel ruling saying federal laws make plain the Penobscot can’t lay claim to the waters of the Penobscot River in Maine.

  • September 26, 2017

    Mass. AG Accuses Used Car Dealer Of Deceptive Practices

    Massachusetts Attorney General Maura Healey’s office accused “buy here pay here” used car dealer JD Byrider of “saddling” consumers with low-quality cars and high-cost loans in a state court lawsuit filed on Tuesday.

Expert Analysis

  • Free Speech At Private Universities: Protected Or Not?

    M.C. Sungaila

    Although the First Amendment prohibits the government from infringing on free speech rights, it does not prevent private persons or entities from doing so. Thus, students at private universities have fewer free speech protections than those at public universities. But state laws and university policies may still provide legal cover for students at private institutions, say attorneys from Haynes and Boone LLP.

  • Herding Cats: Making The Most Out Of A Joint Defense Group

    Audra Dial

    Audra Dial, managing partner for Kilpatrick Townsend LLP’s Atlanta office, shares four strategies that she believes make multidefendant litigation more efficient — and ensure the joint defense group does not devolve into a leaderless group.

  • FERC Must Rethink Rate Policy After DC Circ. Ruling

    Joseph Lowell

    The D.C. Circuit recently vacated and remanded the Federal Energy Regulatory Commission’s order setting a rate of return on equity for transmission-owning utilities in New England. The agency may now need to reconsider what alternative benchmark methodologies may be used in such cases, say Joseph Lowell and Arjun Ramadevanhalli of Morgan Lewis & Bockius LLP.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • A Hollow Win For Ride-Sharing Cos. On Unionizing Drivers

    Daniel Handman

    When a federal judge in Seattle recently enjoined the city from enforcing parts of an ordinance allowing ride-sharing drivers to unionize, it was hailed as a major victory for a badly beaten industry. But that victory may prove to be fleeting, says Daniel Handman of Hirschfeld Kraemer LLP.

  • Ability-To-Repay Enforcement Comes To Auto Finance

    John Redding

    In recent years, regulators and enforcement agencies have eagerly exercised their authority to prosecute what they perceive as unfair or deceptive acts and practices. Recent events suggest that they may be gearing up to hit the accelerator by using UDAP theories to extend ability-to-repay principles to auto finance, say attorneys with Buckley Sandler LLP.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • The Potential Lawsuits After Aaron Hernandez Suicide

    Jill Stanley Cohen

    At this point, most seem surprised by the recent suicide of ​Aaron Hernandez, former New England Patriots tight end​ who was sentenced to life in prison for murder. It is likely that when the investigations are complete, Hernandez’s family will file a lawsuit. Let’s take a look at what cases arising from inmate suicide entail, says Jill Stanley Cohen of Cohen & Cohen PC.

  • The 'State' Of The Gig Economy Under Trump

    Amy Strauss

    There is no question that America’s sharing economy is growing and showing no signs of slowing down. However, if the Trump administration continues its hands-off approach to worker misclassification issues, and court decisions create as much confusion as clarity, we may be forced to look to state legislatures to take control, says Amy Strauss of Fisher Phillips.

  • Opinion

    Why Roe V. Wade Will Not Be Overturned

    Donald Scarinci

    The threat that abortion will become illegal again by overturning Roe v. Wade has been a blockbuster campaign slogan in presidential elections for the last 40 years. Like most campaign rhetoric, this threat is not based in reality, says Donald Scarinci, managing partner of Scarinci Hollenbeck LLC.