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LITIGATION REPORT,  October 2009

Recent Decisions

Feeney v. Dell Computer Corp. (Massachusetts Supreme Judicial Court)

  • Seeking to Enforce Class-Action Waivers in Consumer Arbitration Contracts

Warfield v. Beth Israel Deaconess Medical Center, Inc. (MA Supreme Judicial Court)

  • Preventing Employees from Evading Arbitral Commitments by Suing Fellow Employees Individually

Herman v. Admit One Ticket Agency (MA Supreme Judicial Court)

  • Opposing Consumer Protection Claims Where the Plaintiff Has Suffered No Actual Injury

Silva v. Rent-A-Center, Inc. (MA Supreme Judicial Court)

  • Supporting Rent-to-Own Businesses and the Consumers They Serve

Elec. Data Sys. Corp. v. Office of the Attorney General (Massachusetts Supreme Judicial Court)

  • Defending Employers’ Vacation Rights

DiFiore v. American Airlines, Inc. (MA Supreme Judicial Court)

  • Arguing for the Application of Rule 23 Class Certification Standards to Employment Class Actions Under G. L. c. 149, § 150

IMS Health Inc. v. Ayotte (U.S. Supreme Court)

  • Supporting Businesses' First Amendment Rights to Buy and Sell Information for Commercial Purposes

Biogen IDEC MA Inc. v. Cahill, Treasurer and Receiver General of Massachusetts (Massachusetts Appeals Court)

  • Preserving the Business-to-Business Exemption under the Massachusetts Abandoned Property Act

U.S. ex rel. Dawn Barrett v. CIGNA Corporation (U.S. District Court, D. Mass.)

  • Seeking Recognition of a Government Knowledge Defense to Qui Tam Whistleblower Claims

Pending Cases

IMS Health Inc. v. Sorrell (U.S. Court of Appeals for the Second Circuit)

  • Supporting Businesses' First Amendment Rights to Buy and Sell Information for Commercial Purposes

SEC v. Tambone (First Circuit Court of Appeals)

  • Opposing Judicial Expansion of Primary Liability for Securities Fraud

Town of Canton v. Paiewonsky, et. al. (MA Supreme Judicial Court)

  • Supporting the Statutory Requirement that a Legal Challenge to a Final Environmental Impact Report Must Be Promptly and Timely Brought

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

  • Preventing Disclosure of Trade Secrets and Other Confidential Business Information to Competitors

 

Defontes v. Dell Computer Corp. (Rhode Island Supreme Court)

  • Enforcing Class-Action Waivers in Consumer Arbitration Contracts

Haddad v. Wal-Mart Stores, Inc. (Massachusetts Supreme Judicial Court)

  • Seeking Standards for the Award of Front Pay and Punitive Damages in Employment Discrimination Cases

McGonagle v. The Home Depot U.S.A., Inc. (Massachusetts Appeals Court)

  • Opposing Expansion of Consumer Protection Liability to Violations of Statutes Unrelated to Consumer Protection

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

  • Opposing Regulatory Encroachment on Coastal Property Rights

Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection  (U.S. Supreme Court)

  • Protecting Individual Property Rights from Uncompensated Judicial Takings

Tuttle v. New Hampshire (NH Supreme Court)

  • Fighting New Hampshire’s Effort to Transfer to the State’s General Fund Monies Wholly Derived from the Contributions of Private Individuals

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


 

 
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