New England In-House

The doctrine of progressive encroachment can bar the laches defense in a trademark case. Oriental Financial Group, Inc., et al. v. Cooperativa de Ahorro y Crédito Oriental, et al. (Lawyers Weekly No. 01-275-12) (30 pages) (Dyk, J., of the Federal ...

Tagged with: Nov. 30 2012 issue

Where a defendant railroad was awarded summary judgment in a suit brought by a plaintiff who was injured while trespassing, a remand should be ordered to allow the U.S. District Court to determine whether limited discovery is warranted on the ...

Tagged with: Nov. 30 2012 issue

The National Labor Relations Board did not err in concluding that an employer was required to bargain with a union over the consolidation of two product testing labs at different locations on its worksite into one lab, which resulted in ...

Tagged with: Nov. 30 2012 issue

Where a judge found that an insurance company had no duty to defend a policyholder against charges of antitrust violations and other wrongs, that ruling was proper based on an antitrust exclusion in the policy. The Saint Consulting Group, Inc. ...

Tagged with: Nov. 30 2012 issue

Where a plaintiff lost his job as part of the defendant employer’s reduction in force, he has failed to show that the defendant’s failure to provide him with a severance package violated any federal statute or constituted a breach of ...

Tagged with: Nov. 30 2012 issue

A jury verdict in favor of a plaintiff on a retaliation claim must be reduced to $200,000, as the plaintiff proffered no evidence that he suffered any physical infirmity as a result of his ouster. Trainor v. HEI Hospitality, LLC, ...

Tagged with: Nov. 30 2012 issue

An award of summary judgment for the defendant employer in an age discrimination case must be reversed based on (1) inconsistencies between the defendant’s stated reasons for dismissal and the plaintiff’s performance record at the company, (2) the lack of ...

Tagged with: Nov. 30 2012 issue

Where (1) a plaintiff was severely injured in a workplace accident, (2) this court found that the defendant manufacturer of the trailer involved in the accident was not negligent or in breach of any warranty, (3) the plaintiff’s motion to ...

Tagged with: Nov. 30 2012 issue

The powers that be at Choate, Hall & Stewart maintained from the start that a $5 million malpractice suit filed against the Boston mega-firm would quickly and decisively be tossed out of court.

Tagged with: Nov. 30 2012 issue

A former Dechert associate will get his day in court, thanks to a recent ruling by a federal judge.

Tagged with: Nov. 30 2012 issue