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Massachusetts
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March 18, 2024
Feds Want 12 Years For Ex-Broker In Fraud, Tax Case
A former mortgage broker whose decadelong fraud scheme tricked more than a dozen people out of $8 million and caused more than $3 million in tax losses should spend 12 and a half years in prison, the government told a Rhode Island federal court.
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March 18, 2024
Mass. Condo Owners Didn't Prove Property Was Overvalued
Two Massachusetts property owners failed to prove their condominium was overvalued in the 2022 tax year because they didn't account for differences in the comparable properties they offered, the state tax board said in a decision released Monday.
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March 15, 2024
Awning Maker Can't Shade Itself From CPSC Defect Lawsuit
Awning maker SunSetter can't evade claims it concealed an allegedly deadly defect by arguing that the U.S. Consumer Product Safety Commission is unconstitutional, a Massachusetts federal judge ruled, leaning on a Fifth Circuit ruling that may not be long for this world.
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March 15, 2024
Harvard Enabled Anti-Asian Bias Against Professor, Suit Says
Administrators at Harvard University's Graduate School of Design failed to take action after an associate professor from China complained about years of what she believed was discriminatory treatment by a colleague, a lawsuit filed Friday in Massachusetts state court alleges.
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March 15, 2024
Transit Agency Must Face Suit Over Driver's Alleged Assault
A Massachusetts law that shields government agencies from liability in some situations doesn't give immunity to a transit authority for continuing to employ a bus driver who allegedly had a history of violence and went on to seriously assault a pedestrian, an intermediate state appellate court determined Friday.
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March 15, 2024
Feds Want 6 Years For 'Poster Boy' Of Mass. Police Corruption
Boston federal prosecutors have recommended nearly 6 years in prison for a former Massachusetts trooper who they say is the living embodiment of police misconduct in light of his trial convictions for stealing overtime pay, lying on his taxes and cheating to get student financial aid for his son.
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March 15, 2024
Cannabis Sellers Want $6M Fees Refunded From Mass. Town
A group of cannabis retailers are suing Great Barrington, Massachusetts, saying the town has illegally collected nearly $6 million in community impact fees, despite admitting in writing that the companies have caused virtually no costs to the town.
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March 14, 2024
Chancery Sends Drone-Maker's Claim To Sister Court
A Delaware vice chancellor handed off to a regular civil court Thursday remaining claims in drone-maker Teal Drones Inc.'s suit accusing a software supplier and its owner of wrongly pulling the plug on Teal's license for autonomous-flight programming, after tossing claims against the supplier itself.
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March 14, 2024
Mass. Lobstermen Win Case Fighting Feds' Fishing Closure
A Massachusetts federal judge ruled Thursday that the National Marine Fisheries Service illegally closed a 200-square-mile swath of ocean to protect the endangered North Atlantic Right Whales, backing a legal challenge by a lobster fishing industry group.
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March 14, 2024
Cannabis Cos. Say Federal Position On Pot Is Irrational
The federal ban on marijuana is plainly irrational and negatively affects operators in state-regulated cannabis markets, depriving them of their constitutional rights, a group of marijuana companies told a Massachusetts federal judge on Friday.
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March 14, 2024
Mass. High Court Says Tufts Win In Tenure Case 'Premature'
Tenured professors at Tufts University whose salaries were slashed under a newly enacted requirement that they bring in at least half their income through research grants will have another chance to prove those pay cuts undermine academic freedom, Massachusetts' highest court said Thursday.
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March 14, 2024
NLRB Certifies Dartmouth Men's Basketball Player Union
Dartmouth College must bargain with its men's basketball team after the National Labor Relations Board certified the players' recent landmark vote to unionize with the Service Employees International Union on Thursday, but a legal challenge looms.
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March 14, 2024
Most States Fall Short In Disclosing Justices' Finance Reports
The vast majority of state supreme courts make it exceedingly difficult for the public to get information about justices' financial entanglements, and the information they do give out is often scant at best, according to a report released Thursday.
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March 14, 2024
Ex-Mass. Pol Says Federalism Bars COVID Fraud Cases
A former Massachusetts state senator charged with collecting CARES Act-funded unemployment benefits while being paid for consulting work said in a motion filed Thursday that the 10th Amendment prohibits the federal government from prosecuting him for actions that occurred at the state level.
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March 14, 2024
Feds Seek 20 Mos. For Aegerion Fraud 'Puppet Master'
A pharmaceutical sales representative who gloated about being a "puppet master" for false insurance claims for Aegerion's cholesterol drug should serve 20 months in prison, the U.S. government has told a Boston federal judge.
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March 13, 2024
Mass. Gov. Announces Pardon Plan For Marijuana Possession
Massachusetts Gov. Maura T. Healey has announced plans for sweeping pardons of misdemeanor cannabis possession convictions, following the directive of President Joe Biden, who urged state executives to follow his lead in pardoning low-level marijuana offenses.
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March 13, 2024
Ex-NFLer Faced Racism As School Superintendent, Suit Says
A former NFL player was subjected to racism as the first Black superintendent of schools in Wayland, Massachusetts, and was forced out of his job when he took steps to address it, according to a suit filed Wednesday in state court.
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March 13, 2024
IRobot, SharkNinja Settle Last Of Roomba Patent Fight
IRobot and SharkNinja have reached a settlement in principle to resolve what remains of a long-standing patent dispute related to the Roomba robotic vacuum cleaner.
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March 13, 2024
Mass. Justice Presses AG On Fast-Track Bid For Zoning Case
A Massachusetts high court justice on Wednesday expressed concerns about the state attorney general's aggressive bid to fast-track the enforcement of a divisive housing law to the full court as soon as May.
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March 13, 2024
Patriots Owner Flags $2M Lien On 'Useless' Skydiving Facility
The real estate business of New England Patriots owner Bob Kraft asked a Massachusetts judge to discharge a $2 million mechanic's lien on a defunct indoor wind tunnel and skydiving attraction at a shopping center next to the football team's stadium.
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March 12, 2024
Walgreens, Kenvue Unit Sued Over Benzene In Acne Products
Walgreens, Kenvue unit Johnson & Johnson Consumer Inc. and Genomma Lab face a trio of proposed consumer fraud class actions in California federal court by customers who alleged their acne treatment products contain unsafe levels of benzene, but that each of the companies failed to disclose its presence in their labeling.
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March 12, 2024
Roberto Clemente's Family Appeals Puerto Rico TM Loss
The family of the late MLB Hall of Famer Roberto Clemente is asking the First Circuit to revive trademark claims against Puerto Rico for the unauthorized use of the former Pittsburgh Pirates outfielder's image on license plates and vehicle registrations.
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March 12, 2024
Harvard Data Fraud Report To Be Released In Libel Case
A Harvard Business School's internal investigative report concerning data fraud allegations against a suspended professor will be made public in a defamation lawsuit against the school, a federal district judge ordered Tuesday.
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March 12, 2024
GE Aerospace Plans $650M Manufacturing Investment
GE Aerospace said Tuesday it plans to invest $650 million into its manufacturing facilities and supply chain this year to bolster support for its commercial and defense customers.
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March 12, 2024
AT&T Offloaded Pensions In Risky Annuity Deal, Suit Says
AT&T shirked its fiduciary duty and put 96,000 workers' retirement savings in jeopardy by transferring pension obligations to a "risky" annuity provider, according to a proposed class action filed in Massachusetts federal court.
Expert Analysis
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Why Standing Analysis Is Key In Data Breach Mediation
Amid a growing wave of data breach class action litigation, recent legal developments show shifting criteria for Article III standing based on an increased risk of future identity theft, meaning parties must integrate assessments of standing into mediation discussions to substantiate their settlement demands in data breach class actions, says Abe Melamed at Signature Resolution.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Series
Mass. Banking Brief: The Notable Compliance Updates In Q3
Among the most significant developments in the financial services space in the third quarter of the year, the Massachusetts Supreme Judicial Court handed down a stunning endorsement of the state's fiduciary duty rule, and banking regulators continued their multiyear crackdown on unregistered entities, say attorneys at Mintz.
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AGs' Distaste For Food Bill May Signal Other State Issues
States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Cos. Must Show Discretion In Public Statements When Sued
A recent securities class action ruling in Massachusetts federal court against software company Pegasystems shows that a boilerplate public denial of a lawsuit's merits can form the basis for a claim that the statement was false or misleading, underscoring the need to use discretion when responding to pending claims, say Brian Kearney and Stephen Kastenberg at Ballard Spahr.
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Autonomous Vehicles Must Navigate Patchwork Of State Regs
With only modest action by the federal government on the autonomous vehicle regulatory front in 2023, states and localities remain the predominant source of new regulations affecting AVs — but the result is a mix of rules that both help and hinder AV development and adoption, say attorneys at Faegre Drinker.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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Alleged $636M Deal Error Highlights Ethics Considerations
Adelman v. Proskauer, a malpractice suit that allegedly arose from a cut-and-paste error resulting in potential damages of $636 million, presents an intriguing juxtaposition of facts and legal issues — and practical ethical considerations for transactions attorneys, says Richard Leisner at Trenam Law.
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Federal Policies Keeping Autonomous Vehicles In Slow Lane
In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.
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Mass. Ruling Shows Value Of Additional Insured Specifics
A Massachusetts court’s recent D.F. Pray v. Wesco Insurance decision demonstrates that blanket additional insured endorsements can create issues with personal jurisdiction, so those named as additional insureds should require their lower-tier contractors to use specific endorsements, say Thomas Dunn and Sheya Rivard at Pierce Atwood.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.