Case
List by Category
Protecting Individual Economic and Property Rights
| Employer/Employee Relationships
| Taxation and Fees
| Government Regulation and Other Business Issues
Protecting Individual Economic and Property Rights
Ace
Equipment Sales, Inc., et al. v. Thomas Buccino, et al. (Connecticut
Supreme Court)
Property Rights of Owner of Artificial Pond
Adams v.
United States (Federal Circuit Court of Appeals and United States
Supreme Court)
Demanding the Government Compensate for
the Taking of Wages
Central Steels
Supply Co. v. Planning Board of Somerville, 447 Mass. 333, 850 N.E.2nd
1051 (2006)
Arguing that a Redevelopment Authority May Not Rely on 20-Year-Old
Factual Findings to Expand the Scope and Time Limits on an Urban
Redevelopment Zone
Chandler v. County
Comm'rs of Nantucket (Massachusetts Supreme Judicial Court)
Use of the State’s
Highway Eminent Domain Process to Take Property for Unrelated Purposes
Cienga Gardens v.
United States (United States Court of Appeals for the Federal Circuit)
Arguing that When a Regulatory Change Impacts an Income Producing
Property the "Parcel as a Whole" Should Be the Expected Income Before
the Regulation
City of Olympia v. Drebick (United States
Supreme Court)
Arguing that Development Impact Fees
Must Be Reasonably Related to the Actual Impact of the Development
upon Which the Fees Are Imposed
Conservation Law Foundation v. Maine Dept. of
Environmental Protection (Maine Law Court)
Retroactive Invalidity of State Permitting
Process Dupont
v. Aavid Thermal Technologies, Inc. (New Hampshire Supreme Court)
Contesting an Employer's Liability for Criminal Conduct by an Employee
Egri v. US Airways, Inc.
(Vermont Supreme Court)
Urging the Application of the Three Year Statute of Limitations to Violations of the Vermont Fair Employment Practices Act
Elena Hall v. Department of Environmental
Protection (Massachusetts DEP Office of Administrative Appeals)
Opposing the
Massachusetts Department of Environmental Protection's Use of a Recently
Drawn "Historic" Mean High-Tide Line to Define Coastal Property
Boundaries in Provincetown,
Massachusetts
Esplanade Properties v. City of Seattle (U.S.
Supreme Court)
Whether the
Government May Use the Public Trust Doctrine to Prohibit Development of
Property Previously Transferred by the State for Development
Giovanella
v. Town of
Ashland (Massachusetts Supreme Judicial Court)
Arguing that Regulatory Taking
Analysis Should Focus on That Portion of a Property That Is Actually
Affected by the Regulatory Change in Order to Measure the True Cost of
the Regulation to the Property Owner
Greater Boston Real Estate Board v.
Massachusetts Dept. of Telecommunications (Massachusetts Supreme
Judicial Court)
Limiting Regulators' Ability to Expand Their Jurisdiction
Beyond Statutory Definition
Humphrey v. Byron, 447 Mass. 322, 850 N.E.2d
1044 (2006)
Arguing
Against Extending to Massachusetts Commercial Landlords the Same Duty
of Care That Is Owed to Residential Tenants
Kelo et al. v.
City of New London (United States Supreme Court)
Testing the "Public Use" Requirement of
the Fifth Amendment's Eminent Domain Power
Kitras and Decoulos v. Town of Clerk of Aquinnah (Massachusetts
Supreme Judicial
Court)
Fighting for Mandamus Relief from Planning Board's Failure to Act on
Request for Subdivision Approval
Kittery Retail Ventures LLC v. Town of Kittery (Maine
Supreme Judicial Court and United States Supreme Court)
Protecting Landowners against Targeted Downzoning
McQueen v. South Carolina
Coastal Council (United States Supreme Court)
Whether
a State Can Use the Public Trust Doctrine to Deprive an Owner of His
Right to Develop His Land
Morgenstern v. Town of Rye (New Hampshire Supreme Court)
Fighting Regulatory Takings
National Lumber Co. v. LeFrancois Construction Co. (Massachusetts Supreme Judicial Court)
Protecting the Rights of Mechanic’s Lien Holders
Palazzolo v. Rhode Island (United States
Supreme Court/Rhode
Island Supreme and Superior Courts)
Fighting Regulatory Takings
Phillips v. Pembroke Real Estate, Inc. (Massachusetts
Supreme Judicial Court)
Upholding Property Owners' Right to
Relocate Commissioned Artwork
Queler v. Skowron (Massachusetts Supreme Judicial
Court)
Rapanos v. United States (United
States Supreme Court)
Opposing the Unwarranted Extension of
the Army Corps of Engineers' Jurisdiction over Inland Wetlands
Restricting Development Impact Fees to Actual Impact
Seeking Compensation for Personal
Property Destroyed by Administrative Orders
Estate of Rubin v. Town of Norton (United States District Court for
the District of Massachusetts)
Securing Due Process for Property Developers
Santini v. Connecticut Hazardous Waste Management Service (United States Supreme Court)
Fighting Regulatory Takings
Stolt-Nielsen, S.A. v.
United States (United States Supreme
Court)
Arguing that, Where the Federal Government has Entered into a
Non-Prosecution Agreement with a Corporation, Federal Prosecutors Should
not Be Permitted to Indict the Corporation Without First Seeking a
Judicial Determination that the Corporation has Violated the
Non-Prosecution Agreement
Taygeta v. Varian Corp.
(Massachusetts Supreme Judicial Court)
Statute of Limitation and "Discovery Rule" Applicability to Claims for
Property Damage Due to Environmental Contamination
Town of Sudbury v.
Scott (Massachusetts Supreme Judicial Court)
Whether a Town Validly Exercised Its Right of First Refusal to
Purchase Land Taxed As Agricultural
Trio Algarvio, Inc. v. Department of Environmental Protection
(Massachusetts Supreme Judicial Court)
Whether
the State May Use the Public Trust Doctrine to Charge Filling Fees to
Owners of Property
Twomey v. Commissioner of
Food and Agriculture (Massachusetts Supreme Judicial Court)
Scope of Agricultural Preservation Restrictions
Walgreen Co.
v. Rullan (First Circuit Court of Appeals)
Whether a Law that Protects an Interest Group from Competition
Violates the Substantive Due Process Clause
S.D. Warren Company
v. Maine Department of Environmental Protection (United States Supreme
Court)
Seeking Reversal of a Holding that the Passage of River Water Through
a Hydroelectric Dam Creates a "Discharge" Triggering the Federal Clean
Water Act's Requirement for State Water Quality Certification
Zoning Bd. of
Appeals of Wellesley v. Ardemore Apartments Limited Partnership
(Massachusetts Supreme Judicial Court)
Challenging Retroactive Imposition of Permanent Housing Subsidy
Requirement
Employer/Employee Relationships
Abramian v. Harvard University (Massachusetts Supreme Judicial Court)
Clarifying “Pretext Only” in Massachusetts Employment Discrimination Cases
Appeal of Lockheed Martin Corp. (New Hampshire Supreme Court)
Employee Whose Preexisting Condition is “Aggravated” by Exposure to Co-Workers is Not Entitled to Worker’s Compensation Benefits
Bisbing v. Maine
Medical Center (Maine Supreme Judicial Court)
Reducing Penalties on Employers in Good Faith Disputes with Employees
Campbell v. General
Dynamics (Federal Court of Appeals for the First Circuit)
Is Simple email Notice Sufficient to Make an Arbitration Policy
Binding on Employees?
Cuddyer v. The Stop & Shop Supermarket Co. (Massachusetts Supreme Judicial Court)
Retaining a Meaningful Statute of Limitations in Hostile Work Environment Cases
Dahill v. Boston Police Department (Massachusetts Supreme Judicial Court)
Urging Uniformity in Determining Whether an Employee is Disabled
EEOC v.
Waffle House, Incorporated (United States Supreme Court)
Challenging the EEOC's Attempt to
Circumvent Agreements to Arbitrate Workplace Disputes
Egri v. US
Airways, Inc. (Vermont Supreme Court)
Urging the Application of the Three Year Statute of Limitations to
Violations of the Vermont Fair Employment Practices Act
Electronic Data Systems Corp. v. Attorney General
(Massachusetts Supreme Judicial Court)
Whether the
Massachusetts Wage Act Requires an Employer to Pay Employees for Unused
Vacation Time When the Employer’s Written Vacation Policy Expressly
Disclaims such Payments
Fredette v. Simpson (Massachusetts
Supreme Judicial Court)
Co-employee
Immunity under the Massachusetts Workers Compensation Act
Goodrow v. Lane Bryant (Massachusetts Supreme Judicial Court)
Achieving Uniformity in the Calculation of Overtime Pay
Knight v. Avon
Products, Inc. (Massachusetts Supreme Judicial Court)
Evidence
in Age Discrimination Cases under Mass. Gen. L. c. 151B
McDill v. Environamics Corporation (New Hampshire Supreme Court)
Urging Admissibility of “After-Acquired” Evidence of Employee Misconduct
Messing, Rudavsky
& Weliky v. Harvard (Massachusetts Supreme Judicial Court)
Limiting the Ability of Opposing Counsel to Contact Present
Employees
Patriarca v. Center
for Living and Working Inc. (Massachusetts Supreme Judicial Court)
Propriety Of Counsel’s Ex Parte Communications With Opposing
Party’s Former Employees
Phelan v. The May Department Stores Co. (Massachusetts
Supreme Judicial Court)
Protecting a Business's Legitimate
Interest in Protecting its Financial Integrity, Maintaining Workplace
Safety, and Ensuring Compliance with the Law
Rathbun v. Autozone,
Inc. (First Circuit)
Urging Consistency in Rhode Island
Employment Statutes of Limitation
Smedley v. State of Connecticut (Connecticut
Supreme Court)
Opposing Double
Compensation under the Workers’ Compensation Act
Stanford v. Harvard College (Massachusetts Superior Court)
Challenging the Propriety of Ex Parte Interviews of Current Employees By Opposing Counsel
Stonehill
College v. MCAD and three
other cases (Massachusetts Supreme Judicial Court)
Defending Respondents' Rights to Jury Trials under the
Massachusetts Antidiscrimination Law
Sullivan v.
Liberty Mutual Insurance Company (Massachusetts Supreme Judicial
Court)
Proposing an Appropriate Standard of Proof for an Employment
Discrimination Claim Based on a Lay-Off Pursuant to a Reduction in
Force
Swift v. Autozone,
Inc. (Massachusetts Supreme Judicial Court)
Protecting Retail Employers from Double
Overtime Payments
Thomas v. EDI Specialists, Inc. (Massachusetts
Supreme Judicial Court)
Whether a Massachusetts Employer Sued for
Discrimination Can Seek Contribution from the Employee Committing the
Discriminatory Acts
Tobin v. Liberty
Mutual Insurance (United States Court of Appeals for the First
Circuit)
Urging
Clarification Than An Employer Is Not Required To Modify A
Salesperson's Essential Function Of Generating New Business AS a
Reasonable Accommodation To His Disability
Ward v. Massachusetts Health Research Institute, Inc. (First Circuit)
Urging that Timely Attendance During Work Hours is an Essential Function of Employee’s Job
White v. Blue
Cross and Blue Shield of Mass., Inc. (Massachusetts Supreme Judicial
Court)
Opposing a New Theory of Tort Liability for Employers
Women and Infants’ Hospital Inc. v. Department of Labor & Training (Rhode Island Supreme Court)
Challenging the Payment of Unemployment Compensation to Striking Workers
Taxation and Fees
Biogen IDEC MA Inc. v. Cahill, Treasurer and
Receiver General of Massachusetts (Suffolk Superior Court, Business
Litigation Session)
Urging Rejection of "Emergency" Regulations Promulgated by the
Massachusetts Treasurer that in Effect Negate the Business-To-Business
Exemption Under the Massachusetts Abandoned Property Statute
Caterpillar
Inc. v. New Hampshire Department of Revenue Administration (United States
Supreme Court)
Challenging Taxation of Intangible Income from Foreign Subsidiaries
Commissioner of
Internal Revenue v. Banks (United States Supreme Court)
Fighting to Exempt Attorneys' Fees Paid to A Public Interest Law
Firm Under a Fee-Shifting Statute from Being Taxable to the Client
Durkin v. Intevac, Inc. (Connecticut Supreme Court)
Fighting to Preserve the Doctrine of Forum Non Conveniens in Connecticut
FMR Corp. v. Commissioner (First Circuit)
Proper Tax Treatment of Mutual Fund “Launching” Expenses
Government Regulation and Other Business Issues
American Pelagic
Fishing Co. v. United States (United States Court of Appeals for the
Federal Circuit and United States Supreme Court)
Defending a Business's Investment in a
Heavily Regulated Industry
Asher v. Baxter
International, Inc. (United States Supreme Court)
Fighting to Preserve the "Safe Harbor"
for Forward-Looking Statements under the Public Securities Litigation
Reform Act
Berkshire Armored Car Services, Inc. v. Sovereign Bank of New England
(Massachusetts Superior Court)
Whether a Business Can Be Liable for Tortious Interference Merely By
Choosing not to Contract with Another Business
Bessette v. AVCO
Financial Services, Inc. (First Circuit)
No Implied Right of Action Under the Bankruptcy Code’s Reaffirmation Provisions
Chan v. PRI Automation,
Inc. (U.S.D.C. Massachusetts)
Arguing the Constitutionality of the Lead Plaintiff Provisions of the Private Securities Litigation
Reform Act
Chandler v. County Comm'rs
of Nantucket (Massachusetts Supreme Judicial Court)
Use of the
State’s Highway Eminent Domain Process to Take Property for Unrelated
Purposes
Chicago Ins. Co. v.
Lappin (Massachusetts Appeals Court)
Opposing
Expansion of Insurance Companies’ Liability for Attorney’s Fees to
Claimants of the Insured
Ciardi v. BASF A.G.
(Massachusetts Supreme Judicial Court)
Challenging Ability of Indirect Purchasers to Sue for Antitrust Violations Under the Consumer Protection Act
City of Olympia v. Drebick (United States
Supreme Court)
Arguing that Development Impact Fees
Must Be Reasonably Related to the Actual Impact of the Development
upon Which the Fees Are Imposed
Clemmer v. Cullinane
(Massachusetts Supreme Judicial Court)
Opposing Claims Brought in Massachusetts against Delaware
Corporations That Could Not Be Brought in Delaware
Commissioner of
Internal Revenue v. Banks (United States Supreme Court)
Fighting to Exempt Attorneys' Fees Paid to A Public Interest Law
Firm Under a Fee-Shifting Statute from Being Taxable to the Client
Conservation Law Foundation v. Hannaford Bros.,
Inc. (United States Court of Appeals for the Second Circuit)
Protecting Against an Unwarranted
Extension of the NPDES Permitting Process
Estados Unidos de Mexico v. DeCoster (First Circuit)
Contesting Parens Patriae Standing of Foreign Nation in Civil Rights Employment Case
Exxon Mobil Corporation v. Saudi Basic
Industries, Inc. (United States
Supreme Court)
Fighting to
Protect a Litigant's Right to Federal Court Review of its Federal Claims
Fleece on Earth v. Vermont Department of Labor (Vermont Supreme Court)
Defending Independent Contractors
in Vermont
FPL
Maine Hydro LLC v. Federal Energy Regulatory Commission (United States
Court of Appeals for the District of Columbia)
Whether A Particular Stream in Maine is Navigable and Subject
to FERC Jurisdiction
Gator.com Corp. v. L.L. Bean, Inc. (United States Court of Appeals for the
Ninth Circuit)
Opposing
Nationwide Long-Arm General Jurisdiction Based on "Significant"
Internet Presence
Gem
Plumbing v. Rossi; F.C.C., Inc. v. Reuter (Rhode Island Supreme Court)
Upholding the
Constitutionality of the Mechanics' Lien Law in Rhode Island
Governor Almond v. Rhode Island Lottery Commission (Rhode Island Supreme Court)
Fighting for Separation of Powers
Great
Northern Paper, Inc. v. Penobscot Nation (Maine Law Court)
Urging that Indian Tribes are Subject to Maine's Freedom of Access Act When Acting in a Municipal Capacity
Green Tree Financial Corporation v. Bazzle (United States Supreme Court)
Opposing
Compelled Class Action Relief in Arbitration
Haldane v. Hasbro, Inc. (Rhode Island Supreme
Court)
Whether a
Company Has the Right to Observe the Destructive Testing of its Own
Products and Obtain the Results
Hanlon v.
Commonwealth Mutual Insurance Co. (Massachusetts District Court, Appellate
Division)
Expansion
of Consumer Protection Act to Rate Setting
Harhen v. Brown (Massachusetts Supreme Judicial Court)
Reinstating the Business Judgment Rule in Massachusetts
Harrison v. NetCentric Corp. (Massachusetts Supreme Judicial Court)
Choice of Law in Corporate Governance Hershenow
v. Enterprise Rent-A-Car Company (Massachusetts Appeals Court)
Opposing
Statutory Damages and Attorneys' Fees Under Mass. G.L. c. 93A When the
Consumer Has Not Been Damaged
Keene v. Brigham &
Women's Hospital (Massachusetts Supreme Judicial Court)
Abrogation of the Statutory Cap on Charitable Tort Liability as a
Discovery Sanction
Kuwaiti
Danish Computer Co. v. Digital Equipment Corp. (Massachusetts Supreme
Judicial Court)
Morrison v. Toys "R" Us (Massachusetts Supreme
Judicial Court)
Whether a Company not in the Insurance Business Can
Be Sued for Unfair Claim Settlement Practices
National Foreign
Trade Council v. Crosby (United States Supreme Court)
Challenging Massachusetts’ "Burma" Sanctions
Nike, Inc. v. Kasky (United States
Supreme Court)
First Amendment Protection of Corporate Speech
Patriarca v.
Center for Living and Working, Inc. (Massachusetts Supreme Judicial
Court)
Propriety
of Counsel’s Ex Parte Communications with Opposing Party’s
Former Employees
Phelan v. The May Department Stores Co. (Massachusetts
Supreme Judicial Court)
Protecting a Business's Legitimate
Interest in Protecting its Financial Integrity, Maintaining Workplace
Safety, and Ensuring Compliance with the Law
Rapanos v. United States (United
States Supreme Court)
Opposing the Unwarranted Extension of
the Army Corps of Engineers' Jurisdiction over Inland Wetlands
San
Remo Hotel, LP v. San Francisco (United States Supreme Court)
Protecting a
Litigant's Right to Federal Court Review of its Federal Rights Claims
Stephens
v. Global NAPs (Massachusetts Appeals Court)
Opposing
the Extension of Employer Liability under the Massachusetts Maternity
Leave Act Beyond the Act's Eight-Week Maternity Leave Requirement
Stolt-Nielsen, S.A. v.
United States (United States Supreme
Court)
Arguing that, Where the Federal Government has Entered into a
Non-Prosecution Agreement with a Corporation, Federal Prosecutors Should
not Be Permitted to Indict the Corporation Without First Seeking a
Judicial Determination that the Corporation has Violated the
Non-Prosecution Agreement
Storage
Technology Corporation v. Custom Hardware Engineering and Consulting,
Inc. et al. (United States Court of Appeals for the Federal Circuit)
Protesting
An Amendment, By Judicial Fiat, Of the Digital Millennium Copyright
Act In Violation Of Congressional Intent
In the Matter of Unnamed Applicant (New
Hampshire Supreme Court)
Defending In-House
Counsel
Vacco V. Microsoft
Corp. (Connecticut Appellate Court)
Challenging the Ability of Indirect Purchasers to Sue for Antitrust Violations Under Connecticut's Consumer Protection Act
Wachovia Bank, NA v. Burke (United States Court
of Appeals for the Second Circuit)
Opposing
Duplicative State Regulation of a National Bank Subsidiary
Patricia
Zackular v. Grant Wilber, Inc. (Massachusetts Appeals Court)
Whether There Is a Duty to Warn of an Open and Obvious Danger
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