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Category Archives: Massachusetts Courts

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The Massachusetts Wage Act: Increased Number of Claims Leads to Influx of Important Rulings

Posted in Employment Litigation, Massachusetts Courts

The Massachusetts Payment of Wages Statute (the “Wage Act”) has lately received a great deal of attention from Massachusetts trial and appellate courts.  Although the statute has been in place since 1993, Massachusetts employers have recently faced a marked increase in Wage Act claims, likely due to the availability of treble damages and attorneys fees.  Just in the past year, Massachusetts court… Continue Reading

Avoiding Litigation Risks Arising Out of Private Investment Firms’ Controlling Interest in Portfolio Companies

Posted in Litigation Trends, Massachusetts Courts

Recently, my firm Cooley Manion Jones LLP, successfully obtained summary judgment (download pdf) on behalf of its clients, Boca Raton-based private equity firm Sun Capital Partners, Inc. and six of its affiliated entities.  The claims were brought by two entities that had entered into contractual relationships to serve as independent sales representatives on behalf of Sun… Continue Reading

Insurers Beware —Massachusetts Supreme Judicial Court Has Final Word on Damages Plaintiffs Are Entitled to Recover For Defendant-Insurers’ Violations of M.G.L. c. 93a and 176D

Posted in Litigation Trends, Massachusetts Courts

Co-authored by Brian Gross  On February 10, 2012, the Massachusetts Supreme Judicial Court found that plaintiffs were entitled to more than $22 million when it held that the damages to which a plaintiff is entitled to recover pursuant to M.G.L. c. 93A and 176D for an insurers’ failure to effect prompt, fair and equitable settlement of… Continue Reading

Massachusetts Court Extends Mensing to Bar Failure To Warn Claims Against Generic Drug Distributors

Posted in Litigation Trends, Massachusetts Courts, Pharmaceutical and Medical Devices, Products Liability

Co-authored by Brian Gross  In June of 2011, the United States Supreme Court ruled that makers of generic drugs cannot be sued for failing to warn consumers of the possible side effects of their products if they copy the exact warnings used by their brand-name equivalents.  See Pliva, Inc., et al. v. Mensing, 131 S.Ct. 2567… Continue Reading