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Joseph M. Aguirre

Posts by Joseph M. Aguirre

Summary Judgment Order Illuminates Issues in MA Asbestos Litigation

Posted in Asbestos Litigation, Massachusetts Courts, Premises Liability, Professional Liability

Overview On March 30, 2018, Judge Rya Zobel of the United States District Court (District of Massachusetts) issued a memorandum of decision on two Defendants’ (NSTAR Electric, formerly Boston Edison, and General Electric) Motions for Summary Judgment in an asbestos personal injury and wrongful death matter, June Stearns and Clifford Stearns as Co-Executors of the… Continue Reading

Trouble Brews in NYCAL after Summary Judgment Rejection

Posted in Asbestos Litigation, Litigation Trends, New York Courts, Products Liability

A March 22, 2018, denial of a defendant’s summary judgment motion in the New York City Asbestos Litigation (NYCAL) signals a drastic lowering of the product identification standards in that venue (and a possible strategic adjustment necessary in future defendants litigating there).   In Trumbull v. Adience, Inc., a former brewer sued Stavo Industries (“Stavo”)… Continue Reading

Developments in Sexual Orientation Discrimination Claims under Title VII

Posted in Employment Litigation, Litigation Trends, Rhode Island Courts

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating on the bases of race, color, national origin, religion, and sex. Federal circuits are currently split on whether discrimination based on sexual orientation falls within the scope of discrimination based on sex (and therefore within the scope of Title VII’s prohibition). On… Continue Reading

Tinder No Match for CA’s Second District Court of Appeal in Allegedly Ageist Pricing Case

Posted in California Courts, Class Action Litigation, Litigation Trends

A California appellate court recently ruled that Tinder’s age-based pricing strategy violated the state’s Unruh Civil Rights Act, which broadly outlaws discrimination based on sex, race, sexual orientation, age, and other classes. California’s Second District Court of Appeal in Los Angeles reversed the trial court’s dismissal of a class action brought by a putative group… Continue Reading

Age-Targeted Facebook Ads Challenged by Proposed CA Class Action

Posted in California Courts, Class Action Litigation, Employment Litigation, Litigation Trends

A group of companies that advertised job opportunities through Facebook’s ad-serving platform discriminated against older members of the applicant pool, claims a proposed class action filed in the U.S. District Court for the Northern District of California. This filing suggests potential liability for any employer that posts jobs via ads that target recipients based on demographic… Continue Reading