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Bankruptcy – Discharge injunction – Foreclosure

By New England In-House Staff
POSTED: January 24, 2012
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Where a U.S. Bankruptcy Court judge found that the defendants did not violate the discharge injunction by refusing to foreclose or release its mortgage lien on the plaintiff debtors’ residence, the judge’s ruling was not inconsistent with Pratt v. General Motors Acceptance Corp. (In re Pratt), 462 F.3d 14 (1st Cir. 2006), and accordingly should [...]

Bankruptcy – Mortgage – Mutual mistake

By New England In-House Staff
POSTED: January 24, 2012
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Where an assignee of a mortgage lender asserted an equitable interest in the home of the debtors, that claim was properly rejected based on the fact that a new mortgage instrument, executed in connection with a refinancing, listed as collateral not the debtors’ house but instead an abutting unimproved 16-acre lot.

Employment – Disability discrimination

By New England In-House Staff
POSTED: January 24, 2012
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Neither the Air Carrier Access Act nor Title III of the Americans with Disabilities Act provides a private cause of action against air carriers for disability discrimination based on a plaintiff’s claim that Jet Blue Airways failed to provide her with timely wheelchair assistance and caused her injury, the 2nd Circuit has ruled.

Employment – Disability discrimination – Equitable tolling

By New England In-House Staff
POSTED: January 24, 2012
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A U.S. District Court judgment dismissing a plaintiff’s disability discrimination complaint against the defendant Department of Veterans Affairs must be affirmed in light of the plaintiff’s failure to file a formal complaint with the Equal Employment Opportunity Commission within the 15-day limitations period.

Contract – P&S agreement – Deposit – Liquidated damages

By New England In-House Staff
POSTED: January 24, 2012
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Where (1) a defendant failed to close on a real estate purchase and sale agreement, (2) the seller retained his deposit, sold the property to a third party for a lower price and then assigned its claim for the price differential to the plaintiff and (3) when the plaintiff sued, the defendant argued that the [...]

Labor – Reclassification of position – Duty of fair representation

By New England In-House Staff
POSTED: January 24, 2012
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A defendant employer did not violate a collective bargaining agreement by reclassifying a plaintiff employee’s position as temporary after she accepted the job offer but before her first day on the job.

Labor – FLSA – Overtime

By New England In-House Staff
POSTED: January 24, 2012
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Three plaintiffs, who served as sales managers for the defendant banquet facilities, were administrative employees and consequently exempt from the overtime wage provision of the Fair Labor Standards Act.

Labor – NLRA – Ordinance – Preemption

By New England In-House Staff
POSTED: January 24, 2012
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A city ordinance — requiring that, when there is a change in the identity of a hospitality employer, that employer must retain its predecessor’s employees (subject to some conditions) for a three-month period — is not preempted by the National Labor Relations Act.

Insurance – LTD benefits – Video surveillance

By New England In-House Staff
POSTED: January 24, 2012
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A judgment upholding a plan administrator’s termination of long-term disability benefits must be vacated, as substantial evidence was lacking to support the administrator’s finding that the employee was not totally disabled despite covert surveillance video showing her driving, walking, jogging, bending over, flying a kite and lifting her 3-year-old child.

Jurisdiction – Removal – Waiver – Unanimity

By New England In-House Staff
POSTED: January 24, 2012
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The removal of a diversity case by an in-forum defendant, in contravention of the 28 U.S.C. §1441(b) prohibition against removal by an in-forum defendant, is not jurisdictional in nature but merely a procedural defect that may be waived.

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