Massachusetts

  • July 19, 2019

    BCBS Loses Bid To Toss Mental Health Coverage Class Action

    A Bay State federal judge on Friday shot down a bid by Blue Cross Blue Shield of Massachusetts to kill a proposed class action brought by parents who say the insurer wrongly refused to cover certain residential mental health treatments for adolescents.

  • July 19, 2019

    NH Justices Back Block Of Eversource Hydropower Project

    New Hampshire state regulators were within their authority to reject Eversource Energy's proposal for the primary portion of a $1.6 billion power line project intended to ship Canadian hydroelectricity to Massachusetts, the state's Supreme Court held Friday.

  • July 19, 2019

    Scientists Ask 1st Circ. To Revive Expert 'Purge' Lawsuit

    A group of scientists told the First Circuit a lower court wrongly signed off on a Trump administration directive that bars scientists from its advisory committees who receive U.S. Environmental Protection Agency grants, saying it violates the Administrative Procedure Act.

  • July 19, 2019

    Massachusetts Cases To Watch: Midyear Report

    Boston courthouses have been hopping as spring has turned to summer and high-profile white collar cases, the anticipated verdict in a landmark education and employment case, and a pair of cases dealing with courthouse immigration arrests have been filling up the Bay State's dockets. Here, Law360 highlights some of the most important cases to watch in the second half of 2019.

  • July 19, 2019

    GSK Calls For Preemption Ruling In Zofran Birth Defect MDL

    GlaxoSmithKline has renewed its bid to end multidistrict litigation in Massachusetts federal court over claims it didn’t warn customers about alleged birth defects resulting from its anti-nausea medication, saying a recent Supreme Court ruling opens the way for the judge to rule the claims are preempted by federal law.

  • July 19, 2019

    Hooper Lundy OK To Rep Husband & Wife In 'Varsity Blues'

    A California couple charged in the nationwide college admissions case known as "Varsity Blues" told a Massachusetts federal judge they are comfortable having Hooper Lundy & Bookman PC represent them both, despite several concerns raised by prosecutors during a hearing Friday.

  • July 18, 2019

    State AGs Urge FDA To Keep Exploring Cannabis Regulation

    Dozens of state attorneys general have told the U.S. Food and Drug Administration they support the agency’s recent push to regulate cannabis-derived products like cannabidiol, while asking it to ensure that the states maintain their roles as regulators as the market emerges.

  • July 18, 2019

    BU Loses Bid To Reinstate $14M LED Patent Win

    A Massachusetts federal judge on Thursday shut down Boston University’s bid to reinstate a $14 million patent infringement verdict against three LED manufacturers that was overturned by the Federal Circuit last year.

  • July 18, 2019

    Justice Stevens Ruling Set Groundwork For US Climate Policy

    Justice John Paul Stevens' landmark decision in Massachusetts v. EPA forced the federal government to address the problem of climate change and unleashed a flood of decarbonization policies, a deluge that the Trump administration is trying to reverse.

  • July 18, 2019

    Warren Attacks PE Firms For 'Legalized Looting' With New Bill

    Sen. Elizabeth Warren, D-Mass., called for greater regulation of private equity firms Thursday with legislation intended to quell what she dubbed the “legalized looting” of portfolio companies.

  • July 18, 2019

    Feds Want 'Breathtaking' ACLU Border Search Case Nixed

    An American Civil Liberties Union lawyer said requiring warrants for cellphone searches at the border would do little to impede the work of immigration officials while a government attorney said the "breathtaking" ACLU ask would undermine the nation's security, in dueling arguments before a federal judge Thursday.

  • July 18, 2019

    Tribe Opposes Mass. Bid To Change Casino Suit Judgment

    The Wampanoag Tribe of Gay Head has asked a federal court to deny Massachusetts' "backhanded" attempt to amend an order over tribal plans to build a casino, arguing that state officials can't dodge the decision that says they may not interfere with the tribe's right to operate a gambling facility.

  • July 18, 2019

    Uber Leans On Mass. Official Blessing As Cabbie Trial Opens

    Uber Technologies Inc. told a Massachusetts federal judge Thursday that the fact it was allowed to operate without regulations defeats a $248 million suit by Boston-area cab companies accusing it of running an illegal, unregulated taxi service, as a trial began in a packed courtroom.

  • July 18, 2019

    5 Cos. Price IPOs Totaling $1.1B, Led By Danish Biotech Firm

    Five companies’ shares began trading on U.S. exchanges Thursday after the companies, led by a Danish biotechnology firm, priced initial public offerings that together raised nearly $1.1 billion.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    Block & Leviton Snag Lead Counsel In Care.com Investor Suit

    A Massachusetts federal judge on Wednesday appointed Block & Leviton LLP as lead counsel for a proposed class of Care.com investors alleging the website and its top executives violated securities laws by failing to disclose they didn't vet the caregivers and day care providers who advertise on the site.

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

  • July 17, 2019

    The Stories They Tell About Justice Stevens

    Justice John Paul Stevens had a legendary reputation as one of the most humble and caring members of the court. His clerks related some tales that show why.

  • July 17, 2019

    Hear Justice Stevens In 5 Memorable Moments On The Bench

    Justice John Paul Stevens was known for being collegial and kind, but he also wasn’t one to mince words. Listen to a few of the justice’s most memorable words from the bench, in majority opinions, sharply worded dissents and at oral argument.

  • July 17, 2019

    Justice Stevens' High Court Legacy In 4 Charts

    In this data deep-dive, Law360 examines retired Justice John Paul Stevens’ long tenure, his relatively breezy confirmation, his transformation from a run-of-the-mill Republican appointee to runaway liberal, and the legacy that lives on in his clerks.

  • July 17, 2019

    Ariad Exec's Ex Asks 1st Circ. To Nix Insider Trade Conviction

    The ex-husband of a former Ariad Pharmaceuticals executive asked the First Circuit on Wednesday to reverse his insider trading conviction, claiming evidence was erroneously admitted or ignored to show he misused confidential information from meetings his then-wife had with the U.S. Food and Drug Administration.

  • July 17, 2019

    Uber Can Argue That Mass. Officials Greenlighted It In Boston

    Uber will be able to argue that state officials had no problem with the ride-hailing company entering the Boston marketplace despite an initial lack of regulation, a judge ruled Wednesday ahead of a bench trial in a competition suit brought by area cab companies.

  • July 17, 2019

    Sprint, T-Mobile Say Trial Doesn't Need To Be Delayed

    A coalition of states challenging Sprint and T-Mobile's proposed merger weren't being completely honest when they told the court that the trial would have to be delayed because the mobile giants failed to turn over promised documents, the companies told a New York federal court.

  • July 17, 2019

    Pulling Up Stakes: Mintz Levin, Skadden, Dentons

    In our latest roundup of deal makers on the move, Mintz Levin welcomes corporate attorneys to offices on both U.S. coasts, Skadden scores a partner in California specializing in corporate control disputes, and Dentons adds an M&A partner in Italy focusing on cross-border deals that involve U.S. companies.

Expert Analysis

  • State Net

    A Look At How States Are Experimenting With Health Care

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    The fate of the Affordable Care Act is currently pending in federal court, but states are proceeding on the premise that the law will survive its latest legal challenge as they consider competing Democratic and Republican visions of health care, says Lou Cannon of State Net Capitol Journal.

  • Opinion

    Time To Heed Justice Stevens' Criticism Of Gun Decision

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    Justice John Paul Stevens was right that the U.S. Supreme Court's 2008 gun rights decision in Heller desperately needs to be overruled, but while he viewed revision or repeal of the Second Amendment as the easier course for correction, only the court can clean up the mess it made, says Robert Ludwig​ of the American Enlightenment Project.

  • 1st Circ. Takes A Bite Out Of Advertising Injury Coverage

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    The First Circuit's decision in Sterngold Dental v. HDI Global Insurance clarifies the treatment of the intellectual property exclusion to personal and advertising injury coverage under the standard commercial general liability form, bypassing the need to determine whether a trademark is an advertising idea, say Bryon Friedman and Robert Joyce of Littleton Park.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Community Solar Needs Clear, Flexible State Regulations

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    As states adopt and expand third-party solar development programs, regulators should streamline rules and avoid prescriptive requirements for developers, say Elliot Hinds and Diana Jeschke at Crowell & Moring.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Preemption Vs. Public Nuisance, In Aviation And Opioids

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    A recent Iowa Supreme Court ruling concerning a local airport commission's authority to condemn a structure declared safe by the Federal Aviation Administration presents many of the same preemption questions that will play out in opioid litigation, says Richard Dean of Tucker Ellis.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • State Net

    Local Governments Push To Regulate Public Surveillance

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    San Francisco's Board of Supervisors recently approved an ordinance banning the use of facial recognition technology by all city departments. The law is part of a growing movement among localities and states to increase oversight of the use of surveillance technologies by government entities, says Korey Clark of State Net Capitol Journal.

  • Patchwork Of Broker Conduct Regs Complicates Compliance

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    Until challenges to the U.S. Securities and Exchange Commission's newly adopted Regulation Best Interest play out in court, broker-dealers can reconcile conflicting state and federal standards of conduct by complying with the most restrictive applicable regulatory requirements, say Ghillaine Reid and Kurt Wolfe of Troutman Sanders.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • A New Direction For Commission-Only Compensation In Mass.

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    The Massachusetts Supreme Judicial Court's recent decision in Sullivan v. Sleepy’s changes the way employers can implement commission-only compensation plans and may signal the start of open season for overtime claims by certain commission-based employees, says Emily Crowley at Davis Malm.

  • Revenge Porn Can Be Outlawed Under The First Amendment

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    To date, 46 states and the District of Columbia have passed needed legislation penalizing nonconsensual distribution of pornographic images of another person, but constitutionally outlawing this phenomenon is tricky and some statutes will likely be struck down, says Nicole Ligon, supervising attorney of the First Amendment Clinic at Duke Law.

  • NY Privacy Bill Would Expand Data Security Requirements

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    If enacted, New York's recently passed SHIELD Act would broaden existing data breach law. Arguably its most significant provision will be the section imposing new requirements on persons and businesses collecting private information associated with a New York resident, say Erik Dullea and Ephraim Hintz of Husch Blackwell.