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Foley Hoag LLP


Massachusetts Supreme Judicial Court holds face amount of medical bills admissible as evidence of reasonable value of services rendered to personal injury plaintiff, but range of payments generally accepted by plaintiff’s providers in satisfaction of such

USA - July 30 2010 In the just-decided case of Law v. Griffith, --- N.E. 2d. ----, 2010 WL 2803893 (Mass. July 20, 2010), plaintiff was injured in an automobile accident when she was struck by defendant’s vehicle

Massachusetts Superior Court finds personal jurisdiction over foreign ski manufacturer where plaintiff purchased allegedly defective skis in Massachusetts from store located through search function on manufacturer’s website

USA - January 26 2012 In Lafond v. Salomon North America, Inc., C.A. No. 2008- 1383 (Mass. Super. Dec. 19, 2011), plaintiff was injured when one of his ski bindings broke while skiing in Utah

First Circuit reverses trial court decision to exclude expert from testifying based on pro-plaintiff bias, holding focus of inquiry should be on expert’s specialized knowledge and whether testimony will assist jury in understanding fact in issue

USA - January 31 2011 In Cruz-Vasquez v. Mennonite General Hospital, Inc., 613 F.3d 54 (1st Cir. 2010), plaintiffs sued a hospital and two physicians in the United States District Court for the District of Massachusetts, asserting medical malpractice and Emergency Medical Treatment and Active Labor Act claims after their daughter died two days after her premature birth

SEC v. Tambone: the First Circuit reverses course on what it means to “make” a statement under the securities laws

USA - March 23 2010 The First Circuit’s en banc ruling in SEC v. Tambone, No. 07-1384 (Mar. 10, 2010), vacated a key part of a prior ruling by a three-judge panel, and provides important guidance on the scope of “primary violator” liability under Section 10(b) of the 1934 Exchange Act and Rule 10b-5 thereunder

An example of true judicial restraint: Judge Robert Chambers affirms the Highland Mining 404 permit

USA - August 17 2012 After my post on judicial restraint and the lack thereof in Texas v. EPA, the opinion issued last week by Judge Robert Chambers, in Ohio Valley Environmental Coalition v. United States Army Corps of Engineers, affirming the Corps’ 404 permit for Highland Mining’s Reylas Surface Mine, seemed particularly notable

Standing matters, TMDL version

USA - September 3 2013 Last week, in Conservation Law Foundation v. EPA, Judge Mark Wolf ruled that CLF did not have standing to challenge EPA's approval of total maximum

Building connections between compliance and CSR

USA - September 1 2013 CSR serves to strengthen a company's capacity to listen to, and communicate with, a range of stakeholders, including employees, customers, investors

More on old NSR claims: injunctive relief remains available against original owners foolish enough not to have sold

USA - August 28 2013 As we noted last week and last month, the 3rd and 7th Circuits have ruled that violations of the obligation to undertake NSR review prior to

Lawrence Lessig files copyright suit over “bad faith” DMCA takedown notice

USA - August 27 2013 The District of Massachusetts may be becoming a center for takedown notice jurisprudence. As we have previously reported, pending before the court is

The final nail in the coffin on EPA’s enforcement initiative against historic PSD violations? The Third Circuit agrees that PSD violations are not ongoing

USA - August 23 2013 Only last month, the 7th Circuit ruled that alleged violations of the Clean Air Act's PSD requirements are not ongoing. On Wednesday, in United