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Results:1-10 of 25

New Hampshire struggles with First Circuit precedent on the Computer Fraud and Abuse Act, too
  • Foley Hoag LLP
  • USA
  • July 30 2013

An interesting article by Jeffrey Spear that appeared in the New Hampshire Bar News in July shows that the federal district court in New Hampshire is


One more ozone post: who will act first, EPA or the Courts?
  • Foley Hoag LLP
  • USA
  • September 14 2011

Following EPA’s decision last week to scrap its reconsideration of the 2008 ozone National Ambient Air Quality Standard, the parties to the litigation challenging the 2008 standard are back in court.


Seventh Circuit upholds corporate liability under the Alien Tort Statute
  • Foley Hoag LLP
  • USA
  • July 22 2011

On Monday, July 11, for the second time in four days, a U.S. appellate court issued a decision stating that corporations are proper defendants in cases involving claims under the Alien Tort Statute (“ATS”).


District Court denies motion to dismiss certain alien tort statute claims against Chiquita Brands International
  • Foley Hoag LLP
  • USA
  • June 13 2011

On June 3, the U.S. District Court for the Southern District of Florida declined to dismiss certain claims brought by Colombian plaintiffs against Chiquita Brands International ("Chiquita") alleging that the company knew, or should have known, that its material support for the United Self-Defense Forces of Colombia (“AUC”), a paramilitary organization, would lead to the death or torture of their family members.


A quid without a quo? Massachusetts towns may not condition subdivision approvals on unrelated land donations
  • Foley Hoag LLP
  • USA
  • May 11 2011

Anyone who does development knows the subtle and not-so-subtle quid pro quos that are sometimes exacted by local planning boards.


First Circuit holds expert opinion that benzene causes rare leukemia subtype admissible because applying “Bradford Hill” or “weight of the evidence” criteria to conclude association between benzene and disease was causal is scientifically reliable
  • Foley Hoag LLP
  • USA
  • April 25 2011

Plaintiffs in Milward v. Acuity Specialty Products Group, Inc., 2011 U.S. App. LEXIS 5727 (1st Cir. Mass. Mar. 22, 2011), sued three chemical companies in the United States District Court for the District of Massachusetts, claiming workplace exposure to their benzene-containing products had caused the plaintiff husband to develop acute promyelocytic leukemia (“APL”).


Superior Court judge rules that Massachusetts Wage Act applies to severance pay
  • Foley Hoag LLP
  • USA
  • February 9 2011

For years, Massachusetts courts have held that the Massachusetts Wage Act does not cover payments to employees such as bonuses and severance.


Massachusetts Appeals Court affirms defense verdict
  • Foley Hoag LLP
  • USA
  • January 31 2011

The Massachusetts Appeals Court's decision in Hobbs v. TLT Construction Corp., 78 Mass. App. Ct. 178 (2010), serves as a reminder to counsel that any objection to jury instructions, and the grounds therefore, must be stated at the time the instruction is given in order to preserve the right to appeal.


First Circuit denies interlocutory appeal of class certification in medical monitoring action by smokers against cigarette manufacturer, holding interlocutory review would unnecessarily impede progress of case
  • Foley Hoag LLP
  • USA
  • October 6 2010

In Donovan et al. v. Philip Morris USA Inc., No. 10-8025 (1st Cir. Sep. 1, 2010), a class of asymptomatic Massachusetts smokers sued the defendant cigarette manufacturer in the United States District Court for the District of Massachusetts asserting claims for breach of the implied warranty of merchantability (the Massachusetts near-equivalent of strict liability), negligence and violation of Mass. Gen. L. ch. 93A (the Massachusetts unfair and deceptive practices statute) and seeking a court-supervised program of medical monitoring to detect early signs of lung cancer.


Massachusetts Appeals Court affirms denial of new trial in defective design case where defense counsel made inappropriate comment during closing about harm to society when manufacturers are sued
  • Foley Hoag LLP
  • USA
  • October 6 2010

In Resende v. C.H. Babb Co., Inc., 77 Mass. App. Ct. 1112 (2010), plaintiff severely injured her arm when her sleeve got caught in a factory machine and, despite pulling the emergency stop cord, the machine continued for several seconds.