Searching Content indexed under Litigation, Mediation & Arbitration by McLane Middleton, Professional Association ordered by Published Date Descending.
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Bill Expanding Union Rights In Response To Janus Supreme Court Decision In Limbo
Last month, the Massachusetts House passed a bill that would allow public sector unions to charge non-members fees for services such as representation in grievances
United States
30 Jul 2019
Employers Beware, The Government Shutdown Did Not Stop IRS Collection Activity
Although the government shutdown appears to be over, at least temporarily, businesses will need to deal with the aftermath of the lengthy shutdown.
United States
31 Jan 2019
Breastfeeding Case Heads To A New Hampshire Jury
According to a New Hampshire judge, "It is at least a jury question whether as plaintiff alleges, ‘public policy encourages a mother to breastfeed her child, particularly where breastfeeding is imperative for the child's health.'"
United States
20 Dec 2018
Arbitration Provisions For Cross Border Contracts
There are as many opinions on alternative dispute resolution and arbitration as there are lawyers, most of them strongly held. As a general rule, I tend to favor judges and courts as the forum...
United States
17 Dec 2018
Massachusetts Appeals Court Declines To Rule On Non-Profit Board Member Immunity Under Wage Act
With the issue unresolved, for the time being, volunteer board members will continue to face some uncertainty about their possible personal liability.
United States
10 Dec 2018
Clearing A Cyber Smear. How A Business Can Fight Back Against Negative Online Reviews
In just one click, they can hand out the dreaded one-star review without any evidence to support the rating.
United States
30 Nov 2018
Legal Fees Generally Aren't Recoverable
A. Although it depends on the particular factual circumstances, generally speaking, legal fees are not recoverable in the majority of litigation proceedings.
United States
23 Oct 2018
What To Make Of The Masterpiece Cakeshop Case
U.S. Supreme Court's ruling in favor of baker in same-sex wedding cake refusal leaves unanswered questions.
United States
11 Oct 2018
Impressive Treatise For The Federal Court Litigator
In my role at McLane Middleton, I am often called upon to review publications and resources geared to trial lawyers.
United States
24 Jul 2018
Reviewing The Court's Ruling On Worker Class Actions
Arbitration agreements in employment often require employees to agree to waive their ability to bring class action or collective litigation.
United States
21 Jun 2018
Employers Get Green Light For One-On-One Arbitration Clauses In Employment Agreements
In a 5-4 decision, the United States Supreme Court has held that employers may enforce arbitration agreements signed by employees that bar class-action lawsuits and require individualized arbitration.
United States
24 May 2018
Don't Be Afraid To Have Case Tried By Jury
A. Fear not. The trial process is your right. There are safeguards to ensure everyone gets a fair trial. Here, in brief, is an overview of what happens at trial.
United States
8 May 2018
Mysteries Of Metadata: What To Watch Out For In Commercial Litigation Cases
You just sent the client's answer to a 35-page complaint and counterclaims to the court for filing when you notice a new email from opposing counsel.
United States
8 Jan 2018
Case Summary: Ajemian V. Yahoo!, Inc.
The Massachusetts Supreme Judicial Court, in the case of Ajemian v. Yahoo!, Inc., held that the Stored Communications Act (SCA)...
United States
13 Dec 2017
Neighbors Can Agree On Lake Shore Access
My family has a lake house with no frontage on the water, but we have always used a path across our neighbor's land to access the beach.
United States
17 Jul 2017
Seventh Circuit: Negligence Lawsuit May Proceed Against Employer Regarding Supervisor's Off-Site Murder Of Female Subordinate
The Seventh Circuit ruled that the family of a woman murdered by her Home Depot supervisor at a family event could proceed against her former employer(s) on a theory of negligent supervision, hiring, and retention.
United States
27 Apr 2017
Seventh Circuit Holds That Sexual Orientation Is Protected By Title VII
Late yesterday, the Seventh Circuit became the first federal appeals court to hold that Title VII's prohibition on discrimination on the basis of a person's sex also extends to sexual orientation.
United States
12 Apr 2017
NH Supreme Court Decides Trust Jurisdiction Issue
The case settles that the determination of rights to assets where title is held by a decedent may be resolved by a court other than the court overseeing the administration of an estate.
United States
27 Mar 2017
Navigating In Terrorem Clauses: Guidance From Hallett v. Hallett
Testamentary in terrorem provisions, which compel forfeiture by a legatee upon unsuccessful challenge to the validity of an estate plan and/or its administration...
United States
27 Mar 2017
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