LITIGATION
REPORT, February
2008
Recent Decisions
Eugene Mongeau v. City of Marlborough
(United States Supreme Court)
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)
Woburn Board of Appeals v. Housing Appeals Committee (Massachusetts
Supreme Judicial Court)
McGonagle v. The Home Depot U.S.A., Inc. (Massachusetts Appeals
Court)
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)
To obtain more information about our
cases, or for copies of briefs or citations to
opinions, please contact us.
|