New England In-House

A ruling on joint motions to dismiss filed by 19 multinational oil and gas company defendants in a climate change suit brought against them by the state will have to await decisions in cases that present similar questions of “stream ...

Finding an exception to the “going-and-coming” rule enunciated by the Rhode Island Supreme Court in Branco v. Leviton Manufacturing Company, Inc. to be inapplicable, the state Workers’ Compensation Court Appellate Division vacated a trial judge’s award of benefits to a ...

Attorneys in Rhode Island say that while increased litigation appears to be imminent, insureds could face a difficult time in recouping pandemic-related losses through the business interruption provisions of their commercial insurance policies. “I see the potential for an explosion ...

A federal judge has determined that Rhode Island enjoys specific personal jurisdiction over an out-of-state mortgage servicer accused of breach of contract in the sale of a mortgage loan, consistent with the three-prong test used by the 1st U.S. Circuit Court ...

Weighing a plaintiff’s disability discrimination and FMLA retaliation claims under the McDonnell Douglas burden-shifting paradigm, a federal judge in Rhode Island has determined they cannot withstand the defendant employer’s motion for summary judgment. The suit was brought by Lisa O’Rourke ...

Although disagreeing on the proper theoretical approach to support its decision, a three-judge panel of the 1st U.S. Circuit Court of Appeals has upheld a federal judge’s preliminary injunction blocking a CVS executive from working for a competitor for the ...

The denial of a plaintiff’s application for Social Security Disability Insurance benefits and Supplemental Security Income should be reversed and remanded in light of an administrative law judge’s faulty assessment of exertional and nonexertional “residual functional capacity,” according to the ...

With today’s increased focus on diversity and inclusiveness in the workplace, some employment attorneys are reporting that employees are raising more concerns about so-called “reverse discrimination.” “People are generally more aware now that they may have legal rights in employment, ...

Reversing its own precedent on the issue, a three-judge panel of the 1st U.S. Circuit Court of Appeals has held that the federal False Claims Act’s first-to-file rule is nonjurisdictional, thereby limiting a court’s analysis of competing first-to-file claims to ...

A company could not be held liable for disability discrimination when it was not aware of the medical condition of a former employee who brought suit, a U.S. District Court judge in Rhode Island has held. The plaintiff, David Saad, ...