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Author Archives: Eric T. Berkman

Court eases federal counterclaim requirements

The U.S. District Court in Massachusetts could hear both compulsory and permissive counterclaims filed by a telecommunications company in response to a federal suit to block enforcement of a state administrative order, the 1st U.S. Circuit Court of Appeals has found in a case of first impression.

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Employer’s fee request denied

A company that prevailed in a lawsuit brought by its former general counsel could not recoup litigation costs in the absence of a contractual clause, rule or statute specifically providing for that remedy, the 1st U.S. Circuit Court of Appeals has ruled.

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Employee recovers over personnel-manual breach

An employer that fired a worker without providing the prior warning or suspension called for under the disciplinary policy in its personnel manual violated an implied employment contract, the Massachusetts District Court/BMC Appellate Division has ruled. The plaintiff employee did ...

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