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Massachusetts
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June 28, 2024
Philips Gets OK For $25M Med Monitoring Deal In CPAP MDL
A Pennsylvania federal judge has given the go-ahead to a $25 million medical monitoring settlement in multidistrict litigation stemming from a recall of ventilator machines by Koninklijke Philips NV and some of its American subsidiaries.
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June 28, 2024
Nationwide Cert. Rejected In Suit Over Stolen Curaleaf Tips
An Illinois federal judge conditionally certified a class of Curaleaf hourly employees in Illinois, Arizona and Massachusetts, but denied a bid to certify a nationwide class of all Curaleaf hourly employees "based on pure speculation," in a suit alleging managers at its cannabis dispensary locations around the country stole the contents of tip jars.
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June 28, 2024
Mass. Senate OKs $5B Housing Bill Without Local-Option Tax
Massachusetts would authorize about $5 billion in bonding authority to promote housing under legislation passed by the state Senate that leaves out a local-option real estate transfer fee sought by Democratic Gov. Maura Healey.
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June 28, 2024
Nixed Purdue Ch. 11 Plan May Leave States Ready For A Fight
State attorneys general across the country could be gearing up for more opioid-related litigation against the Sackler family after the U.S. Supreme Court wiped out a $5.5 billion third-party release for the owners of bankrupt drugmaker Purdue Pharma LP, experts told Law360.
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June 28, 2024
High Court Enters July With 3 Rulings To Go
In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action.
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June 28, 2024
Hub Hires: ArentFox, Ogletree, Duane Morris
ArentFox landed more than a dozen attorneys and professionals from Burns & Levinson while Ogletree and Duane Morris both welcomed back former colleagues, as law firms around Boston kicked off summer with new hires.
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June 27, 2024
EPA's State Smog Pollution Plan Down, Not Out Yet
The U.S. Supreme Court flexed its muscles menacingly at the U.S. Environmental Protection Agency on Thursday and blocked it from implementing an important air pollution control plan for several states, but experts say it's too early to completely write off the rule in question.
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June 27, 2024
Uber, Lyft Cut $175M Deal To End Mass. Worker Status Fight
Uber Technologies Inc. and Lyft Inc. on Thursday agreed to pay a combined $175 million and provide drivers with a suite of benefits to settle an employee classification lawsuit brought by the state of Massachusetts.
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June 27, 2024
Titanic Purdue Ruling Shifts The Balance Of Power In Ch. 11
The U.S. Supreme Court's decision to strike down the Sackler family's liability shield in the Chapter 11 plan of Purdue Pharma LP not only eliminates a key tool to resolve mass tort liabilities through bankruptcy, it gives claimants more leverage and fundamentally changes the insolvency landscape in future cases, experts tell Law360.
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June 27, 2024
Construction Co. Ordered To Stop Misusing Credentials
A construction engineering firm was ordered by a Massachusetts state court judge on Wednesday to stop identifying an employee as a construction supervisor on projects he's not involved with.
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June 27, 2024
Susan Sarandon Can Get Home Contractor's Bank Records
A Massachusetts credit union must give Hollywood star Susan Sarandon some of the personal financial records of a contractor who she says failed to properly oversee construction of her $2 million sustainable home in Vermont, a federal magistrate judge ruled Wednesday.
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June 27, 2024
Supreme Court Freezes EPA's 'Good Neighbor' Rule
The U.S. Supreme Court stayed the U.S. Environmental Protection Agency's plan to reduce cross-state pollution Thursday, finding several states and industry groups challenging it in court will likely prevail on the merits.
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June 27, 2024
Justices Nix 3rd-Party Liability Releases In Purdue Ch. 11 Plan
The U.S. Supreme Court shot down the validity of nonconsensual third-party releases in an opinion issued Thursday in the case of bankrupt drugmaker Purdue Pharma LP, potentially exposing the Sackler family members who own the company to personal liability for the company's role in the opioid crisis.
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June 26, 2024
Biotech Co. Allowed To Appeal Red Cross Antitrust Immunity
The American Red Cross' immunity from antitrust allegations that it smothered competition for testing platelets for bacteria is back in play after a Massachusetts federal judge agreed Wednesday to let the biotech company suing the blood donation giant ask the First Circuit to revive its claims.
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June 26, 2024
Sig Sauer Can't DQ Gun Expert's Experiment In Defect Suit
Gunmaker Sig Sauer Inc. can't dodge a police officer's lawsuit claiming its P320 pistol spontaneously discharged and injured her without the trigger being touched, after the company failed to convince a Massachusetts federal judge to disqualify an experiment by the plaintiff's gun expert comparing its gun to an analogous Glock model.
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June 26, 2024
Jury Backs Mass. City In Firefighters' Race Bias Suit
A Massachusetts federal jury sided with the city of Springfield on Tuesday in a suit brought by nonwhite firefighters who claimed the city failed to enforce residency requirements for its employees and stifled their opportunities for advancement.
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June 26, 2024
Nantucket Festival Owner Sues Over Alleged Imposter Event
The longtime operator of Nantucket's Wine and Food Festival says a former vendor has set up a competing event with a similar name, misleading potential participants into believing the original event was acquired and that the new name was merely a "rebrand."
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June 26, 2024
Mass. Dunkin' Managers Can Sue For OT As Collective
A Massachusetts federal judge granted an unopposed request to certify a collective action brought by managers at 60-plus Dunkin' Donuts locations who claim they were required to work more than 40 hours a week without overtime pay.
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June 26, 2024
Macy's Email Demand Violates Privacy Law, Shopper Says
A requirement that Massachusetts consumers making online purchases from Macy's provide an email address to complete a transaction violates the state's consumer privacy law, a proposed class action filed Tuesday alleges.
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June 25, 2024
PTAB Wipes Out UMass Skin Disease Treatment Patent
The Patent Trial and Appeal Board has sided with Forte Biosciences in invalidating a University of Massachusetts patent on treating the skin disease vitiligo, ruling that the patent does not adequately describe the invention or enable a skilled person to make and use it.
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June 25, 2024
Sarissa Capital, Founder Settle Bioverativ Suit In Del. For $40M
Remaining parties in a Delaware Court of Chancery class action over the $11.6 billion sale of biotech venture Bioverativ Inc. to Sanofi Inc. in 2018 have agreed to settle their outstanding claims for $40 million in cash, according to a stipulation filed with the court Tuesday.
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June 25, 2024
$3M Broker Commission Deal Stayed To Await NAR Settlement
A Massachusetts federal court will not consider a $3 million settlement reached between home sellers and a multiple listing service over broker commission rules until after a decision on a much larger settlement in the separate sprawling case against the National Association of Realtors.
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June 25, 2024
Oil Co. Accused Of Duping Consumers With Biodiesel Product
A Massachusetts home heating oil dealer falsely told consumers they were purchasing an environmentally friendly biodiesel product, a proposed class action filed in state court on Monday alleges.
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June 25, 2024
Exxon Bid For Avangrid Docs In Greenwash Case Faces Doubt
A Massachusetts judge on Tuesday questioned the relevance of potentially millions of wind energy company Avangrid's documents being sought by ExxonMobil in its defense of a greenwashing case brought by the state.
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June 25, 2024
Healthcare Co. Inks $1.5M Deal To End Pension Fund Suit
A Massachusetts healthcare company has agreed to pay $1.5 million to end a class action alleging it loaded its $500 million pension plan with costly investments and failed to keep administrative fees in check, plan participants leading the suit told a federal court.
Expert Analysis
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Series
Mass. Banking Brief: The Notable Compliance Updates In Q3
Among the most significant developments in the financial services space in the third quarter of the year, the Massachusetts Supreme Judicial Court handed down a stunning endorsement of the state's fiduciary duty rule, and banking regulators continued their multiyear crackdown on unregistered entities, say attorneys at Mintz.
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AGs' Distaste For Food Bill May Signal Other State Issues
States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Cos. Must Show Discretion In Public Statements When Sued
A recent securities class action ruling in Massachusetts federal court against software company Pegasystems shows that a boilerplate public denial of a lawsuit's merits can form the basis for a claim that the statement was false or misleading, underscoring the need to use discretion when responding to pending claims, say Brian Kearney and Stephen Kastenberg at Ballard Spahr.
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Autonomous Vehicles Must Navigate Patchwork Of State Regs
With only modest action by the federal government on the autonomous vehicle regulatory front in 2023, states and localities remain the predominant source of new regulations affecting AVs — but the result is a mix of rules that both help and hinder AV development and adoption, say attorneys at Faegre Drinker.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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Alleged $636M Deal Error Highlights Ethics Considerations
Adelman v. Proskauer, a malpractice suit that allegedly arose from a cut-and-paste error resulting in potential damages of $636 million, presents an intriguing juxtaposition of facts and legal issues — and practical ethical considerations for transactions attorneys, says Richard Leisner at Trenam Law.
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Federal Policies Keeping Autonomous Vehicles In Slow Lane
In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.
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Mass. Ruling Shows Value Of Additional Insured Specifics
A Massachusetts court’s recent D.F. Pray v. Wesco Insurance decision demonstrates that blanket additional insured endorsements can create issues with personal jurisdiction, so those named as additional insureds should require their lower-tier contractors to use specific endorsements, say Thomas Dunn and Sheya Rivard at Pierce Atwood.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Alleged $636M Deal Error Shows Value Of Old-School Methods
Though Proskauer Rose has now settled claims involving a copy-paste error in deal documents that could have resulted in $636 million in damages, the debacle reminds attorneys that classic revision methods using paper copies can help avoid drafting errors and actually save time in the long run, says Richard Leisner at Trenam.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.