Published Articles

On Friday, July 7, 2023, the Massachusetts Supreme Judicial Court issued an important decision construing the application of the statute of limitations in wrongful death cases.  The decision likely will have the greatest impact in product liability litigation, such as tobacco and asbestos cases, whe

In 2019, the United States Supreme Court concluded that the “wholly groundless” exception employed by the Fifth Circuit and some other Courts of Appeals was inconsistent with the text of the Federal Arbitration Act and with Supreme Court precedent.1 The “wholly groundless” exception allowed the cour

A supervisor, upon hearing a complaint of sexual harassment, decided to investigate on her own.  Kristie Alley, a frontline supervisor at a Penguin Random House warehouse, received a complaint of sexual harassment from an employee that she supervised.  Although the employer had directed all supervis

On February 22, 2023, the Supreme Court of the United States issued a decision holding that debtors whose debts were incurred through fraud may not have such debts discharged, even if the debtor did not participate in, or even have knowledge of, the fraud. In Bartenwerfer v. Buckley, 598 U.S.

A new opinion issued by Judge Salinger of the Massachusetts Superior Court in a matter on remand from an appeal before a single justice of the Appeals Court has clarified the standard courts are to use when confronted with a motion for sanctions due to the alleged spoliation of evidence.

Recently, the Washington Post reported that WallyGator, a 70 pound, 5½ foot reptile with razor sharp teeth, is an emotional support animal that has helped its owner deal with depression.  His owner insists that WallyGator, who accompanied him to the clinic where he received weeks of radiation treatm

The printed word in a periodical may never be as visually appealing or engrossing as the online and mobile interfaces that have become the increasingly predominant way most of us interact with the larger world.

Recently, Google suspended a software engineer, who claimed that its artificial intelligence program is sentient.

Recently, in Groff v.

Jennifer Sey, a top executive at Levi Strauss & Company with more than 20 years at the company and a leading candidate to be its next CEO, claims that she was forced out because of her tweets advocating school reopenings during COVID, questioning the efficacy of masks for young children and accusing

Employees became eligible for benefits pursuant to the Connecticut Paid Leave Act on January 1, 2022.  In addition, changes that were made to the Connecticut Family and Medical Leave Act went into effect on January 1. Effective July 1, 2022 employers are required to provide “written notice” to each

COVID is abating, restrictions are being lifted, but the issues surrounding an employer’s obligation to accommodate an employee’s objection to vaccinations remain.

On December 31, 2021, the Comprehensive Insurance Disclosure Act (“Act”), was signed into law in New York. This Act amended CPLR § 3101(f) by placing new broad disclosure requirements on defendants and defense counsel in New York.

On July 14, 2021, the Rhode Island General Assembly passed P.L. Ch.

If an employer grants an accommodation to an employee, can the employer rescind the accommodation as circumstances change?  This was the issue raised recently by the Fourth Circuit in its decision in Holmes v.