Recent Decisions

Tellabs, Inc. v. Makor Issues & Rights, Ltd. (United States Supreme Court)

• Arguing for an Interpretation of the “‘Strong Inference’ of Scienter” Requirement under the Private Litigation Reform Act of 1995 Consistent with Congress’s Intention to Limit Frivolous “Strike Suits” under Section 10(b) of the Securities Exchange Act of 1934

Cienega Gardens v. United States (U.S. Court of Appeals for the Federal Circuit)

• Arguing that, When a Regulatory Change Affects an Income-Producing Property, the “Parcel as a Whole” Should Be the Expected Income Before the Regulation

Horn v. Southern Union Co. (Rhode Island Supreme Court)

• Advocating a One-Year Statute of Limitations for All Employment Discrimination Claims Brought Under Rhode Island’s Anti-Discrimination Statutes

Devine v. Nantucket (Massachusetts Supreme Judicial Court)

• Arguing that an Insufficiently Noticed and Improperly Recorded Eminent Domain Taking is Ineffective Against a Subsequent Bona Fide Purchaser

Hanover Ins. Co. V. Rapo & Jepsen Ins. Servs. (Massachusetts Supreme Judicial Court)

• Supporting the Recognition under Massachusetts State Law of the Joint Defense Privilege or Common Interest Rule

Pending Cases

Hall Street Associates, L.L.C. v. Mattel, Inc. (United States Supreme Court)

• Supporting Parties' Freedom to Contract for Judicial Review of the Merits of Arbitral Decisions

Fronk v. Fowler (Massachusetts Appeals Court)

• Supporting Parties' Right to Control the Scope of Commercial Relationships

Ten Residents of Boston v. Boston Redevelopment Authority (Massachusetts Supreme Judicial Court)

• Opposing Judicial Expansion of the Scope of the Massachusetts Environmental Policy Act

Warren Jepson v. Zoning Board of Appeals of Ipswich (Massachusetts Supreme Judicial Court)

• Supporting Construction of Affordable Housing for Massachusetts Workers

Brown & Brown, Inc. v. Richard Blumenthal (Connecticut Supreme Court)

• Seeking Clarification of the Connecticut Attorney General’s Confidentiality Obligations in Connection with Civil Investigations under Connecticut’s Antitrust Statute

Kwaak v. Pfizer Inc. (Massachusetts Appeals Court)

• Opposing Class Certification under Chapter 93A Based on Purchases of a Deceptively Advertised Product Where No Injury is Alleged

Skirchak v. Dynamics Research Corporation (United States Court of Appeals for the First Circuit)

• Arguing that a Class-Action Waiver in an Employer’s ADR Program Requiring Arbitration of Claims under the Fair Labor Standards Act Cannot be Held Per Se Unconscionable

Scott v. NG US1, Inc. (Massachusetts Supreme Judicial Court)

• Arguing that the Corporate Veil Should Not be Pierced Unless the Parent’s Exercise of Pervasive Control was Contemporaneous with the Activity of the Subsidiary Giving Rise to Liability

Eigerman v. Putnam Investments, Inc. (Massachusetts Supreme Judicial Court)

• Urging Reversal of a Massachusetts Appeals Court Decision that Misapplies the Doctrine of Contract Waiver

Biogen IDEC MA Inc. v. Cahill, Treasurer and Receiver General of Massachusetts (Suffolk Superior Court, Massachusetts, Business Litigation Session)

• Urging Rejection of “Emergency” Regulations of the Massachusetts Treasurer Effectively Negating the Business-To-Business Exemption under the Massachusetts Abandoned Property Statute

Fleece on Earth v. Vermont Department of Labor (Vermont Supreme Court)

• Defending Independent Contractors in Vermont

FPL Energy Maine Hydro LLC v. Maine Department of Environmental Protection (Maine Supreme Court)

• Supporting Reversal of an Agency Decision that Requires Owners of an Artificial Water Storage Facility to Operate It as if It Were a Natural Lake

Elena Hall v. Department of Environmental Protection (Massachusetts Division of Administrative Law 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

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

To obtain more information about our cases, or for copies of briefs or citations to opinions, please contact us.