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LITIGATION REPORT,  February 2008

Recent Decisions

Eugene Mongeau v. City of Marlborough (United States Supreme Court)

  • Opposing Biased Land-Use Determinations

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

St. Fleur v. WPI Cable Systems/Mutron (Massachusetts Supreme Judicial Court)

  • Supporting Employers' Arbitration Programs

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

  • Supporting Construction of Affordable Housing for Massachusetts Workers

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

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

Allen v. Boston Redevelopment Authority (Massachusetts Supreme Judicial Court)

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

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

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

Pending Cases

Moelis v. Berkshire Life Insurance Co. (Massachusetts Supreme Judicial Court)

  • Opposing Inappropriate Class Actions

Woburn Board of Appeals v. Housing Appeals Committee (Massachusetts Supreme Judicial Court)

  • Supporting Construction of Affordable Housing for the Massachusetts Work Force

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

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

Iannacchino v. Ford Motor Company (Massachusetts Supreme Judicial Court) 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

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

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

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

Fronk v. Fowler (Massachusetts Appeals Court)

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

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 Statute

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

State of Rhode Island v. Lead Industries Association, Inc. (Rhode Island Supreme Court)

  • Opposing Expansion of Public Nuisance Liability

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


 

 
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