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Recent Articles from Tom Egan
Labor – Limitations – ‘Hybrid’ fair representation claim
Where the plaintiff brings suit against his former union, alleging the union breached its duty to provide him with fair representation in connection with his termination from employment by failing […]
Jurisdiction – Subject matter – Amount in controversy
Where a pro se plaintiff has alleged that he was fired as a driver for the defendant without just cause and that the defendant denied him payment for services performed, […]
Evidence – Expert witness – Prosecution
Where the government alleges that the defendants engaged in a racketeering conspiracy in violation of 18 U.S.C. sectionsection1962(d) and 1963, Dr. Christopher Gilligan must be disqualified as an expert for […]
Fraud – ‘Virtual currency scheme’
Where the defendants move to dismiss a case brought by the plaintiff Commodity Future Trading Commission, which alleges a fraudulent “virtual currency scheme” in violation of the Commodity Exchange Act […]
Negligence – In pari delicto – Senior management
Where (1) a plaintiff college brought suit against the defendant accounting firm that performed audits, alleging professional malpractice, breach of contract, negligence, negligent misrepresentation and violation of G.L.c. 93A and (2) […]
In pari delicto rule limited by SJC
Wrongdoing by Merrimack College’s financial aid director did not bar the school from suing over audits performed by KPMG LLC, the Supreme Judicial Court has ruled. Superior Court Judge Kenneth […]
Zoning – Short-term rentals – Use as of right
Where the Lynnfield zoning board amended the town zoning bylaw to prohibit short-term rentals of single-family homes in single-family districts, the plaintiff homeowner has not shown that his use of […]
Arbitration – FINRA – Immunity
Where plaintiffs brought suit over an arbitration award issued through the defendant Financial Industry Regulatory Authority’s Office of Dispute Resolution, the complaint must be dismissed because of FINRA’s arbitral immunity […]
Consumer protection – Label – Coffee
Where a plaintiff on behalf of a putative class has brought suit over the alleged mislabeling of hazelnut cream coffee, the complaint should be dismissed because of insufficient detail regarding […]
Criminal – Discovery – Joint investigation
Where the defendants have filed a renewed motion for discovery of information regarding a possible joint investigation between the United States Drug Enforcement Administration and law enforcement authorities in the […]
Criminal – Sentencing – Mortgage fraud
Where a defendant was sentenced to a term reflecting a guidelines range based on a loss determination by the district court that included calculations deriving from dismissed counts, the sentencing […]
Employment – Stay-away order – Chapel – Qualified immunity
Where the Chelsea Soldiers’ Home, during an investigation of a claim that a plaintiff employee injured a co-worker’s wrist while transferring a patient from a bed to a wheelchair, barred […]
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
