Searching Content indexed under Litigation, Mediation & Arbitration by Bowditch & Dewey ordered by Published Date Descending.
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Supreme Judicial Court Case Addresses When Homeowners Need Variances
In Bellalta v. Zoning Board of Appeals of Brookline, 481 Mass. 372 (2019), the Supreme Judicial Court confirmed that M.G.L. c. 40A, § 6 does not require a homeowner of a single- or two-family residence...
United States
30 Jul 2019
Post-Trial Arguments Heard In Harvard Admissions Discrimination Case
In a prior blog post, we discussed some of the latest legal challenges to the operation and limits of the currently-prevailing affirmative action principles set forth in the 2013 United States Supreme Court case...
United States
1 Mar 2019
Lynette Paczkowski Secures Appellate Decision Upholding Directed Verdict For National Grid
Lynette Paczkowski, a partner in the firm's Litigation practice, secured the Massachusetts Appeals Court's affirmation of a directed verdict she obtained for National Grid after three days of trial,
United States
1 Feb 2019
Client Alert For State And Local Government: When The Supreme Court Gives You Mount Lemmon…Make Post-Lemmon-ADEA-Compliant Policy
In the first opinion of its current term, the Supreme Court held that state and local governments are covered "employers" under the Age Discrimination in Employment Act of 1967...
United States
6 Dec 2018
Race-Conscious Student Selection Policies Continue To Garner Legal Scrutiny
In 2013, the United States Supreme Court issued a landmark decision in Fisher v. University of Texas at Austin ("Fisher I")
United States
3 Dec 2018
When Race Meets Sex: Can Employment Decisions Regarding Sexual Misconduct Give Rise To Discrimination Claims?
Darrell Peoples ("Peoples"), an African-American former "grounds person and heavy equipment operator" at Wichita State University ("WSU"), sued WSU and a female coworker,
United States
23 Nov 2018
HRMA Perspectives Publishes "The Supreme Judicial Court And The New Law Imposing Restrictions On Non-Compete Agreements In Massachusetts"
Earlier this summer, Governor Baker signed into law a long-awaited bill restricting the use of non-competition agreements.
United States
3 Oct 2018
First Circuit Rules That Title IX Does Not Cover Claim By Non-Student
The Providence College student filed a lawsuit claiming that Brown University violated Title IX by failing to investigate and remedy the alleged sexual assault.
United States
23 Aug 2018
Defamation In The #MeToo Era
One state has addressed this issue through new legislation.
United States
23 Aug 2018
Department Of Education Tosses Obama-Era Affirmative-Action Guidance In The Garbage
Looks like the Department of Education has been busy again this month at the paper shredder. As part of the current administration's ongoing efforts to eradicate Obama-era guidance ...
United States
3 Aug 2018
Student-Athletes: Who Is Responsible For The Long-Term Effects Of Their Playing Days?
Questions surrounding the safety of football as a sport are nothing new.
United States
31 Jul 2018
Worcester Medicine Publishes, "The Uncooperative Patient And The Least-Restrictive Protection Approach"
It is a dilemma inherent in caregiving: what to do when a patient disagrees with what appears to be the obviously correct treatment decision?
United States
25 Jul 2018
Worcester Business Journal Publishes "10 Things I Know About: Causing & Preventing Business Litigation"
The Worcester Business Journal has published "10 things I know about: Causing & preventing business litigation" written by AiVi Nguyen. Below is an excerpt from the article:
United States
15 Jan 2018
Retroactive Leniency Not A Reasonable Accommodation Under The ADA
On October 11, 2017, the 10th Circuit of the U.S. Court of Appeals affirmed the District Court's ruling that retroactive leniency for past misconduct does not constitute a reasonable accommodation...
United States
2 Nov 2017
Court Finds Computer Use Policy May Violate First Amendment
The United States District Court for the Northern District of Illinois recently decided that a university's Computer Usage Policy may violate professors' First Amendment right to free speech.
United States
2 Nov 2017
Saying Farewell To A Brave Woman
In law school, I wrote papers on the tax consequences of death and divorce for same-sex married couples.
United States
22 Sep 2017
Let Them Eat Cake!
The competing interests of an individual's First Amendment right to religious freedom and an individual's right to be free from discrimination will be addressed by the "SCOTUS" in the fall.
United States
24 Jul 2017
Federal Court Reaffirms Institution's Responsibility for Off-Campus Activity Under Title IX
In Farmer v. Kansas State University ("KSU"), a federal district court revisited the issue of when off-campus activity that would violate Title IX becomes the responsibility of a college or university to investigate and, if necessary, remediate.
United States
26 Apr 2017
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