In American Institute for Foreign Study, Inc. v. Fernandez-Jimenez, the First Circuit recently affirmed a preliminary injunction enjoining class arbitration because, while the agreement required the parties to arbitrate their disputes, it did not authorize class...
Litigation
Supreme Court Holds That Federal Arbitration Act Permits Litigation of Disputes By Workers Bound by Independent Contractor Agreements
The United States Supreme Court held in the unanimous decision of New Prime Inc. v. Oliveira earlier this year that the Federal Arbitration Act's exclusion as to contracts of employment necessitated that the parties' arbitration clause be overridden and the plaintiff...
Fiduciary Litigation Pilot Project of the Probate & Family Court Expanded
The Probate & Family Court recently announced that the Fiduciary Litigation Pilot Project under Standing Order 3-17 (https://www.mass.gov/probate-and-family-court-rules/probate-and-family-court-standing-order-3-17-fiduciary-litigation) has been expanded to apply...
Fiduciary Litigation Pilot Project Provides Streamlined and Specialized Venue for Probate Litigation
One of the first questions that any attorney and potential litigant must consider when deciding whether to file a lawsuit is where to bring the case. Since November 2017, potential probate litigants in three Massachusetts counties have a new venue to consider, the...
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