New England In-House

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

Though a judge was warranted in defaulting a defendant for persistent noncompliance with court-ordered deadlines, the judge erred by fashioning an award that exceeded the relief sought in the plaintiffs’ complaint. Hooper-Haas, et al. v. Ziegler Holdings, LLC (Lawyers Weekly ...

Tagged with: Sept. 30 2012 issue

A homeowner has showed that a Chapter 7 home improvement contractor’s lies about a building permit led to a loss that might reasonably have been expected to result from the homeowner’s reliance. In Re: Goguen, Peter J. (Lawyers Weekly No. ...

Tagged with: Sept. 30 2012 issue

OSHA renews its alliance to prevent falls at worksites The Occupational Safety and Health Administration has renewed its alliance with a nonprofit public service organization to enhance workplace safety, giving particular emphasis to the prevention of falls at construction sites. ...

Tagged with: Sept. 30 2012 issue

Where a plaintiff brought suit to rescind his purchase of a condominium unit, to recoup his deposits on a second unit and to recover damages, a judgment dismissing the complaint must be affirmed, as the plaintiff’s complaint fails to state ...

Tagged with: Aug. 31 2012 issue

The Rehabilitation Act of 1973 does not entitle a plaintiff to relief when retaliation for his complaints about disability discrimination is a motivating factor in, but not the but-for cause of, an adverse employment action. Palmquist v. Shinseki (Lawyers Weekly ...

Tagged with: Sept. 31 2012 issue

An award of $30 million in fees to attorneys who achieved a class action settlement agreement must be vacated because the judge erred in finding that he had inherent federal equitable powers to fashion a fee award. In Re: Volkswagen ...

Tagged with: Aug. 31 2012 issue