New England In-House

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

In the absence of discriminatory or retaliatory motivation on the employer’s part, an at-will employee who resigns due to the non-payment of wages is not entitled to assert a claim of constructive discharge, a Superior Court judge in Massachusetts has ...

Tagged with: Gavin Reardon J. Gavin Reardon Jr. judge reardon massachusetts subway superior court unpaid wages

Given that 143 million Americans were reportedly affected, odds are good that you or at least someone you know was impacted by the data breach of the credit reporting agency Equifax, which was reported several weeks after the company learned about it. ...

The Massachusetts Appeals Court has found that lawyers for a limited liability company could be sued for breaching a fiduciary duty to the LLC’s minority members despite the lack of an attorney-client relationship. Counsel for the LLC were accused of ...