Domestic animals, such as dogs, are considered personal property under Massachusetts law. When a romantic relationship ends, what happens to the pet the couple jointly owned? This issue has become increasingly common for couples going through a break-up, particularly...
The Supreme Court is set to rule this term on the constitutionality of funding for the Consumer Financial Protection Bureau (CFPB), in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited, and the future of the agency...
In a suit brought under the False Claims Act, also called a qui tam action, an individual with knowledge of a past or present fraud committed against the government may bring a suit against an entity on the government’s behalf. In a qui tam action, the government is...
Arbitration is an alternative dispute resolution where the parties agree in advance that any dispute between them will be decided in a private proceeding by a neutral third party called an arbitrator. By signing an arbitration agreement, the parties waive the right to...
Facts and circumstances cannot be overlooked, but in this jurisdiction, the First Circuit, the answer depends on (i) whether the employee—in the posts at issue—engaged in speech as a citizen on a matter of public concern; (ii) a balancing between the employee’s...
In NuVasive, Inc. v. Day, the First Circuit recently affirmed a $1.7M award of damages and attorneys’ fees in a noncompete suit brought by a medical device company against one of its former sales representatives. In the appeal, Timothy Day challenged the district...
In McLaughlin v. Lenovo Global Technology Inc., plaintiff Daniel McLaughlin sued his former employer, defendant Lenovo Global Technology Inc., alleging Lenovo failed to pay him unpaid commissions and reimburse him for certain business expenses that totaled over...
Unincorporated associations, such as LLCs, present particular challenges for establishing federal diversity jurisdiction. In BRT Management LLC v. Malden Storage LLC, the United States Court of Appeals for the First Circuit recently reversed a District Court judgment...
Last year, we blogged about a case in which a real estate broker alleged she had a verbal exclusive buyer’s broker contract with clients to represent them in connection with the purchase of a new home. The broker filed suit against the clients after they bought a home...
The United States District Court for the District of Massachusetts recently held that a promissory estoppel claim for assignment of a contract was not barred by the Statute of Frauds. The Court held that, where the complaint did not allege that the parties had any...
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