Tag Archives: Litigation

gavel scales of justice blue

Massachusetts Appeals Court Ruling: Contractor Justified Not Paying Subcontractor That Refused To Perform Work

The general contractor on a public demolition project paid nothing to a subcontractor that had performed the majority of its work but refused to perform work that it claimed was outside of its scope of work. The subcontractor sued the general contractor and after cross-motions for summary judgment the Superior Court sided with the general …

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Supreme Court Green v. Brennan

Controlled Burn: Attorney Perspective on Lone Pine Orders

A Lone Pine order is basically a controlled burn, or it accomplishes the same objective at least.  In theory, it is a “fire” used to prevent the growth or blaze of meritless litigation.  Don’t want a nasty, complex lawsuit to grow or blaze out of control?  Hit it with a Lone Pine order early on …

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Close of football on yard line stripe. American Football

Deflategate: A Critique of Judge Berman’s Decision

By now, almost everyone is familiar with Judge Berman‘s decision vacating Commissioner Roger Goodell’s award upholding a four-game suspension of New England quarterback Tom Brady in connection with the tampering of air levels in footballs during the 2015 AFC Championship game. Judge Berman found that Commissioner Goodell’s award was deficient in the following respects: (1) …

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Close of football on yard line stripe. American Football

Deflategate: A Critique of Judge Berman's Decision

By now, almost everyone is familiar with Judge Berman‘s decision vacating Commissioner Roger Goodell’s award upholding a four-game suspension of New England quarterback Tom Brady in connection with the tampering of air levels in footballs during the 2015 AFC Championship game. Judge Berman found that Commissioner Goodell’s award was deficient in the following respects: (1) …

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Jurors Use Social Media To Research Case Details [VIDEO]

Jurors sometimes use social media sites to research case details, but surprisingly, doing so is not always grounds for reversal of a verdict. This video outlines case examples of this behavior, along with practical steps you can take to reduce the risk of having social media  impact your next case. Article By IMS Expert Services Blog …

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gavel scales of justice blue

Courts Must Restore Minimal Diversity to Restore Balance of Justice

Should federal court jurisdiction be expanded, and what effect would an expansion have on the judiciary? Alongside three legal experts, I discussed this question at a panel event hosted by the Federalist Society earlier in June. The discussion kicked off the National Association of Manufacturers’ Center for Legal Action’s Restore Our Courts initiative and centered …

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Supreme Court Green v. Brennan

Puerto Rico Supreme Court: Former Exec Cannot Sue Individual Board Members for Breach of Employment Contract

A former employee cannot sue individual members of a corporation’s board of directors for breach of an employment contract and negligence in execution of fiduciary duties, where: 1) the individual board members are not parties to the employment contract; and 2) the employee and his relatives are not shareholders with standing to sue board members …

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Reasonable Expectation of Privacy: Are You Free To Eavesdrop on Pocket Dials?

Most people have experienced a “pocket dial” – be it as the sender or receiver – and some have found themselves in embarrassing situations as a consequence.  But should people reasonably expect that conversations overhead during a “pocket dial” call are private and protected? Should the recipient feel obligated to end the call?  The Sixth …

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Is the SCOTUS Rule of Reason Unreasonable?

“Not too hard, not too soft,” says the Supreme Court in FTC v. Actavis, 133 S. Ct. 2223 (2013).  The majority tries to reach middle ground by rejecting both the FTC’s argument that any reverse payment in settlement of a patent claim is presumptively unlawful and Actavis’ argument that any settlement within the scope of …

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Do’s and Don’ts of Documentation – Employment Litigation

As many of you know, proper documentation is critical in almost every aspect of managing your employees. Documentation is often the difference between a defense verdict and a multi-million dollar jury award. But don’t just document to document – poor documentation is worse than no documentation at all. Instead, document with purpose. Here are my top five do’s …

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