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Securities – Fraud – Loss causation
Where a putative federal securities class action lawsuit has been filed, the complaint must be dismissed because the plaintiff fails to adequately plead loss causation.
Civil practice – Subpoena
Where a petitioner has moved to quash a subpoena, that motion should be allowed with respect to the respondent’s request for information related to the petitioner’s business strategy and market analysis, as the respondent has failed to establish a substantial need for the requested information that cannot be otherwise met without undue burden, but the petitioner must comply with the subpoena w[...]
Insurance – Hangar – ‘Designated operations’ exclusion
Where an insurance company has refused to defend or indemnify a policyholder in a suit alleging damage to an aircraft while taxiing out of the policyholder’s aircraft hangar, the plaintiff is entitled to summary judgment on its declaratory judgment and contract claims despite the insurer’s argument that the policy’s “designated operations” exclusion applies.
Social services – Disability – Consistency analysis
Where a Title II application for disability insurance benefits was denied by an administrative law judge, that decision should be upheld despite the applicant’s contention that the ALJ erred as a matter of law by failing to perform a proper consistency analysis of a non-treating physician’s opinion.
Civil practice – SLAPP – Reconsideration
Where a plaintiff’s request for dismissal of a counterclaim pursuant to the Massachusetts anti-SLAPP statute was denied, her motion for reconsideration of that ruling should be denied because there is no justification for the plaintiff’s unreasonable delay in filing her motion.
Damages – Prejudgment interest – Breach of contract
Where a jury returned a partial verdict in favor of a plaintiff on her claim of breach of contract, prejudgment interest should be calculated from the date of the breach.
Municipal – Rental car agencies – Nantucket
Where a plaintiff has challenged a municipal ordinance restricting the licensing of rental car agencies on Nantucket Island, the complaint should be dismissed because it does not plausibly allege that the ordinance imposes an unconstitutional burden on interstate commerce and does not plausibly allege concerted action under the Sherman Act.
Arbitration – Prompt Pay Act
Where a plaintiff has petitioned to vacate an arbitration award, the petition should be denied despite the plaintiff’s contention that the award exceeded the scope of the arbitrator’s authority and violates public policy.
Consumer protection – TCPA – Private right of action
Where a plaintiff has filed a complaint under the Telephone Consumer Protection Act alleging a violation of 47 C.F.R. §64.1601(e)(1) by failing to transmit caller ID information, the defendant’s motion to dismiss should be denied because the plaintiff has a private right of action to enforce that regulation.
Consumer protection – Standing – Telephone Consumer Protection Act
Where a defendant has moved to dismiss a complaint under the Telephone Consumer Protection Act, that motion should be denied because the plaintiff has alleged the type of individualized and concrete injury to establish standing.
Employment – Lie detector – Notice
Where a job application did not provide notice that it is unlawful in Massachusetts to require or administer a lie detector test as a condition of employment, the plaintiff job applicant’s complaint alleging a violation of the notice provision of the commonwealth’s lie detector statute must be dismissed because the plaintiff has not alleged any harm other than a bare violation of the notice pr[...]
Immigration – Due process
Where a motion to dismiss has been filed by a defendant charged by indictment with one count of unlawful reentry, that motion should be allowed because the removal order upon which the indictment is based was fundamentally unfair.
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
