New England In-House

The Massachusetts Commission Against Discrimination’s recently adopted policy regarding the disclosure of charges in open cases conflicts with its own regulations, the state Appeals Court has found. With its Nov. 19 ruling, the court overturned the decision of Massachusetts Superior Court Judge Rosemary Connolly that ...

In December, the Massachusetts Supreme Judicial Court will hear arguments related to Gov. Charlie Baker’s emergency regulation banning the sale of nicotine vaping products. Baker’s administration had appealed an Oct. 21 order of the state Superior Court, which had allowed ...

Massachusetts’ Supreme Judicial Court in a recent decision refined its guidance for employers trying to assess whether a vacationing employee is abusing medical leave, practitioners say. DaPrato v. Massachusetts Water Resources Authority also reaffirms that a mistaken “honest belief” that ...

By enacting M.G.L.c. 112, §87A 3/4, the Massachusetts Legislature intended to preempt the common-law doctrine of in pari delicto as it applies to the negligent conduct of accountants and auditors in failing to detect fraud, the state Supreme Judicial Court ...

A contractor’s breach of contract claim against the company that created preliminary designs for a project should be dismissed because the contractor was not an intended beneficiary of the contract between the company and the owner of the project, a ...

Prior to 2017, the number of million-dollar verdicts in employment discrimination and retaliation cases in Massachusetts over the previous two decades could more or less be counted on one hand, according to plaintiffs’ attorney Elizabeth A. Rodgers. Then, the floodgates ...

In what it noted was a “close call,” the 1st U.S. Circuit Court of Appeals ruled that it did not offend the Due Process Clause of the Constitution to exercise specific personal jurisdiction against a German corporation that derived income ...

A college whose financial aid director committed fraud could sue its auditor under the doctrine of in pari delicto, the Massachusetts Supreme Judicial Court has ruled, finding that because the employee was not a member of senior management, her conduct ...

Trial judges did not err in declining to admit medical billing data compiled by the independent nonprofit FAIR Health under two arguably applicable exceptions to the hearsay rule, separate District Court Appellate Division panels in the Northern and Southern districts ...

The business judgment rule did not shield a company board’s vote not to pursue a derivative suit demanded by a shareholder as there was evidence that the vote was not taken in good faith, a judge in the Business Litigation ...

Tagged with: business litigation Judge Kaplan Mitchell H. Kaplan Mitchell Kaplan