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Author Archives: Thomas E. Egan

1st Circuit: LLC waived right to arbitrate


A plaintiff limited liability company that engaged in litigation over an asset purchase agreement waived its right to demand arbitration under that agreement, the 1st U.S. Circuit Court of Appeals has ruled. “[T]he plaintiff’s belated resort to arbitration was anything ...

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Whistleblower lawsuit vs. state agency can proceed


A criminal investigator for Rhode Island’s Department of Environmental Management could sue the state under the whistleblower statute for actions taken against him after he reported his suspicions about possible misconduct by higher-ranking officials, a Superior Court judge has decided. ...

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Court awards fees for ERISA remand


An applicant whose claim for long-term disability benefits was denied by a plan administrator is entitled to recover the fees she incurred in obtaining a remand order on appeal, the 1st U.S. Circuit Court of Appeals has ruled in a ...

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Auto-maker had no duty to defend

An auto manufacturer did not have a duty to defend a motor vehicle dealer in a suit brought by a purchaser of a vehicle plagued by alleged “nonconformities,” the Supreme Judicial Court has ruled. “The issue on appeal is one ...

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Class action against cable co. reinstated

 The 1st U.S. Circuit Court of Appeals has reversed a federal District Court judge’s decision to dismiss a class action against Charter Communications for failing to provide credits to its customers for their loss of cable, Internet and telephone service ...

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