Massachusetts

  • October 17, 2017

    States Sue Trump Admin. Over Immigration Records Request

    Nine states and the District of Columbia sued the U.S. Department of Homeland Security in Massachusetts federal court on Tuesday, claiming it had failed to respond to a records request regarding detentions and the Deferred Action for Childhood Arrivals program within the proper time frame.

  • October 17, 2017

    Insurer Beats Bakery's Suit Over Burst Pipe Coverage Amount

    A Massachusetts magistrate judge granted summary judgment on Tuesday to an insurance company in a dispute with a commercial bakery ravaged by the bursting of a frozen pipe, saying that after a panel of disinterested parties made a call as to the proper reimbursement amount, that decision couldn't be questioned.

  • October 17, 2017

    Patent Suit Against ASUS Moved To Calif. By TC Heartland

    A Massachusetts federal judge Monday transferred a suit accusing ASUS of infringing a patent involving signal processing in MP3 technology to California, granting Hybrid Audio’s motion, which cited the U.S. Supreme Court’s recent TC Heartland ruling.

  • October 17, 2017

    Boss Pushed Pharmacist To Step Up Testing Before Outbreak

    A Boston jury on Tuesday heard several emails from the boss of a former pharmacist on trial for murder that urged him not "cut corners" on sterility and potency testing for the prescription drugs he manufactured shortly before his laboratory landed at the center of a deadly fungal meningitis outbreak.

  • October 17, 2017

    BNY Fights Trust Class’s Bid For Quick Win In Tax Fee Dispute

    The Bank of New York Mellon Corp. asked a Massachusetts federal judge on Monday to snub a proposed class of trust beneficiaries who accuse it of charging excessive tax-preparation fees, saying the facts don’t support the beneficiaries’ allegations that it illegally marked up charges from accountant PricewaterhouseCoopers.

  • October 17, 2017

    Zoo Elephants' 'Friends' Don't Have Proper Counsel, City Says

    The Massachusetts city of New Bedford told a federal court Monday that a nonprofit group lacks proper legal representation to bring a lawsuit claiming that the city’s poor treatment of two Asian elephants at a zoo it owns flouts the Endangered Species Act.

  • October 17, 2017

    Boston Airport Hotel Files $1M Suit Over Shoddy Furniture

    The operator of a Hilton hotel at Boston’s Logan Airport claims that a furniture provider cost it more than $1 million in damages by supplying it with shoddy products, according to a suit filed Tuesday in Massachusetts federal court.

  • October 17, 2017

    Allstate Says Ex-Agent Is Using Its Data To Steal Business

    Allstate sued a former agent in Massachusetts federal court Monday, saying that he has breached a one-year noncompete clause and is using Allstate trade secrets and phone numbers to compete against the insurer.

  • October 17, 2017

    DOL Sues Mass. Restaurant Over Workers’ Pay

    A Massachusetts restaurant knowingly failed to pay three workers minimum wage and neglected to pay 14 workers proper overtime compensation, U.S. Department of Labor Secretary R. Alexander Acosta claimed in a suit filed Monday in Massachusetts federal court.

  • October 16, 2017

    End-Payors, Direct Purchasers Get Cert. In Solodyn MDL

    End-payor and direct purchasers' bids for class certification were granted in Massachusetts federal court Monday in the pay-for-delay litigation against drugmakers Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the generic version of Medicis’ acne medication Solodyn.

  • October 16, 2017

    Celanese's $2.4M Coverage Award Nixed By Mass. Court

    A Massachusetts appeals court on Monday vacated a decision ordering OneBeacon to repay Celanese Corp. for about $2.4 million the chemical company had paid to defend asbestos and other personal injury claims, finding that Celanese lost its right to reimbursement when it refused to let the insurer take control of its defense.

  • October 16, 2017

    Gov't Scientists Tell Of Rare Outbreak As Trial Nears End

    Government scientists testifying in the final days of a murder trial for a former pharmacist at the center of a deadly meningitis outbreak on Monday described surprise at the extent of the fungal contamination and patients’ infections.

  • October 16, 2017

    15 AGs Say Transgender Military Ban Is 'Unconstitutional'

    A D.C. federal court should halt the Trump administration’s plan to reinstate an unconstitutional ban against transgender members of the military, as it would discriminate against capable recruits without providing any proven benefits to the armed forces, 15 state attorneys general argued Monday.

  • October 16, 2017

    Yahoo Can Disclose Deceased's Emails, Mass. Justices Say

    The Massachusetts Supreme Judicial Court held Monday that the Stored Communications Act allows Yahoo Inc. to disclose the contents of a deceased man’s email account to the personal representatives of his estate.

  • October 16, 2017

    FDA Finding Doesn't Absolve Forest Labs, Parents Say

    Parents who bought antidepressants for their children urged a Massachusetts federal court on Friday to keep alive multidistrict litigation alleging Forest Laboratories LLC fraudulently promoted Celexa and Lexapro to treat pediatric depression, saying the FDA's finding that one treatment study was promising doesn't rule out other, contradictory evidence.

  • October 16, 2017

    Fresenius Can't Duck FCA Claims Over Hepatitis B Tests

    Fresenius Medical Care can’t scrap parts of the federal government’s complaint in a False Claims Act suit over allegedly unnecessary hepatitis B tests billed to Medicare, a Massachusetts federal magistrate judge said Friday, rejecting arguments that the government can’t add claims that weren’t in the whistleblower’s original filing.

  • October 16, 2017

    Janssen Defends Role As Sole Patent Owner In Remicade Suit

    Johnson & Johnson doesn’t need to be named as a party in patent infringement litigation regarding subsidiary Janssen Biotech Inc.’s blockbuster biologic Remicade, as Janssen has full patent ownership rights, the unit told a Massachusetts federal court Monday.

  • October 16, 2017

    PharMerica Says FCA Whistleblowers Got Info Secondhand

    PharMerica Inc. and two whistleblowers accusing the company of accepting kickbacks from drugmaker Organon USA Inc. on Friday sparred in Massachusetts federal court over whether the relators are eligible to bring a False Claims Act lawsuit, as the company claims they didn't get their information firsthand.

  • October 13, 2017

    Mass. Court Revives Suit Over Surgical Clip Left In Patient

    A Massachusetts appellate panel on Friday revived a suit accusing two doctors of leaving a surgical clip inside a patient’s bladder during a prostate removal surgery, saying the patient credibly alleged negligence so dismissal at this stage of the case was not warranted.

  • October 13, 2017

    19 AGs Sue Trump Over Halted ACA Subsidies

    Eighteen states and the District of Columbia sued the Trump administration late Friday over its decision to halt billions of dollars in Affordable Care Act subsidies, saying the sudden move wasn’t explained properly and unconstitutionally disregarded mandatory spending.

Expert Analysis

  • Navigating The Pitfalls Of Civil Investigative Demands

    Chris Browning

    In U.S. v. Dish Network, currently on appeal to the Tenth Circuit, the district court awarded statutory damages, pursuant to federal and state do-not-call laws, of $280 million in favor of the U.S. and the four plaintiff states. Buried among the thousands of pages of interlocutory orders issued by the district court is a warning that should be heeded by all parties that are the subjects of governmental investigations, say attorneys... (continued)

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • The Rise Of Employee Religious Discrimination Claims

    Barbara Hoey

    Many employers are seeing an increase in requests for religious accommodations. Several recent court decisions and statistics from the U.S. Equal Employment Opportunity Commission provide insight into the rise in claims related to these requests, and the importance of employers understanding their obligations to accommodate, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.

  • A Big Drone Victory For FAA

    Kenneth Quinn

    A Massachusetts federal judge's recent decision in Singer v. Newton showed substantial deference to Federal Aviation Administration regulations, highlighting the tension between local, state and federal governments over drone regulation. It may impact the consideration of bills pending before Congress, say attorneys with Baker McKenzie.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Adapting To Equal Pay Laws In Flux

    Charles Thompson

    New legislation aimed at closing the pay gap between men and women may undo business practices that, even if benevolently motivated, result in disparate pay. Despite this laudable objective, these laws create a litany of challenges for employers and may necessitate a wholesale revision of policies and practices related to employee compensation, says Charles Thompson of Polsinelli.

  • 3 Strategies I Learned From LegalZoom

    Jeff Unger

    Critics of legal tech companies will often say, “Trust a reputable attorney that understands you, your situation and the law.” As an attorney, I wholeheartedly agree. But from the consumer’s perspective, the message seems out of touch with the digital age, says Jeff Unger, founder of the law firm eMinutes.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.