Searching Content indexed under Trials & Appeals & Compensation 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
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
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
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
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
Collateral Consequences Of Criminal Convictions
The collateral consequences of a criminal conviction can be devastating and far-reaching. Everything from immigration to professional licenses to eligibility for federal housing subsidies...
United States
20 Jan 2017
Accounting For Attorneys' Fees: Why The 'American Rule' Requires That Each Side In A Case Almost Always Pays Its Own
Although in the common parlance "attorneys' fees" are a "cost" of litigation, they are not what is considered a recoverable "cost."
United States
19 Oct 2016
UBER Agrees To Pay Up To $100 Million To Drivers In Settlement Of Two Class-Action Lawsuits
UBER has settled two class-action lawsuits — one filed in California in 2013 and one in Massachusetts in 2014 — by drivers who sought to be considered employees rather than independent contractors.
United States
5 May 2016
Commentary: Federal Circuit Delays Launch Of First U.S. Biosimilar
On July 21 the U.S. Court of Appeals for the Federal Circuit issued an opinion interpreting key provisions of the Biologics Price Competition and Innovation Act of 2009 in Amgen, Inc. v. Sandoz, Inc.
United States
17 Sep 2015
EEOC's Enforcement Guidance On Pregnancy Discrimination Updated
On June 25, 2015, the Equal Employment Opportunity Commission updated its Enforcement Guidance: Pregnancy Discrimination and Related Issues to make it consistent with the decision in Young v.United Parcel Service, Inc.
United States
8 Sep 2015
Umbrella Coverage, Come Rain Or Shine: Explaining The Concept Of Uninsured/Underinsured Motorist Coverage
Underinsured/uninsured coverage pro-vides coverage for a driver's injuries caused by another when the individual causing the accident has either no insurance or whose insurance is less than the injured party.
United States
14 Aug 2015
Dress Codes: When Do Employees' Rights Trump The Policy?
Many technology companies would say that they do not have a formal written dress code policy or, if they do have a policy, it allows employees to dress in a "relaxed/casual" style.
United States
31 Jul 2015
The Ongoing Monitoring Duty Of Fiduciaries - Supreme Court Rules Retirement Plans Must Have Vigorous Reviews Of Investment Decisions
On May 18, the U.S. Supreme Court ruled unanimously in Tibble v. Edison International that retirement plan fiduciaries have an ongoing duty to monitor plan investments.
United States
14 Jul 2015
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