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LITIGATION REPORT,  February 2014

Recent Decisions

Atlantic Marine Construction Co. v. J. Crew Co, et al. (United States Supreme Court)

  • Arguing that in a Diversity Case Arising Out of a Contract Dispute a Federal Court Should Generally Defer to a Valid Contractual Forum Selection Clause

DaimlerChrysler AG v. Bauman (United States Supreme Court)

  • Arguing Against an Overly Expansive Imposition of General Personal Jurisdiction

Martin v. Simmons Properties, LLC (Massachusetts Supreme Judicial Court)

  • Successfully Arguing that Massachusetts Should Adopt a Balanced Approach to the Enforcement of Easements

Ulbrich v. Groth (Connecticut Supreme Court)

  • Arguing That the Economic Loss Doctrine Should Apply to a Sale of Secured Property Under Article 9 of the UCC and that Connecticut Should Apply the Most Recent FTC Standard Under the Connecticut Unfair Trade Practices Act

Bingham McCutchen v. Harwell (United States Supreme Court)

  • Seeking Supreme Court Review of the Massachusetts Supreme Judicial Court’s 2009 Decision in Warfield v. Beth Israel Deaconess Med. Ctrs., Inc.

Southern Communications Services, Inc., d/b/a SouthernLINC Wireless v. Thomas (United States Supreme Court)

  • Seeking Supreme Court Review of an Arbitral Award of Class Arbitration that Was Admittedly Not Based on the Parties’ Agreement but Was Instead Based Improperly on State Public Policy Favoring the Aggregation of Small-Value Claims

New Cases

Brandt v. United States (United States Supreme Court)

  • Supporting Compensation of Landowners For Property That Has Been Taken Pursuant to Congress’s “Rails to Trails” Legislation

Petrella v. Metro-Goldwyn-Mayer, Inc. et al. (United States Supreme Court)

  • Arguing that the Doctrine of Laches Should Be Applicable to Bar Stale Claims Brought Against a Business Under the Copyright Act’s “Rolling” Statute of Limitations

Pending Cases

Lawson and Zang v. FMR, et al. (United States Supreme Court)

  • Arguing That Sarbanes Oxley’s Protection for Whistleblowers Only Covers Employees of Public Companies and Does Not Cover Employees of Private Companies With Whom a Public Company May Have a Contractual Relationship

Glovsky v. Roche Bros. Supermarkets, Inc. (Massachusetts Supreme Judicial Court)

  • Defending the Right of Private Property Owners to Forbid Political Activity on their Premises

Gallo & Co. v. McCarthy (United States Supreme Court)

  • Fighting a State’s Unconstitutional Taking of Privately Owned Funds In Order To Use Them to Reduce the State’s Deficit

Walden v. Fiore (United States Supreme Court)

  • Opposing the Imposition of Personal Jurisdiction in an Intentional Tort Case Where the Defendant Did Not Intend to Harm the Plaintiffs in the Forum State

Scituate Zoning Board of Appeals v. Herring Brook Meadows, LLC and Housing Appeals Committee (Massachusetts Appeals Court)

  • Opposing a Local Zoning Board’s Attempt to Block a Comprehensive Permit for Affordable Housing Based on a Misinterpretation of the Rules Governing Appeals to the Housing Appeals Committee

Hall v. Department of Environmental Protection (Massachusetts Division of Administrative Law Appeals)

  • Opposing Regulatory Encroachment on Coastal Property Rights

To obtain more information about our cases, or for copies of briefs or citations to opinions, please contact us. 


 

 
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