Feeney, et al. v. Dell Inc., et al. (Lawyers Weekly No. 10-142-13)
Federal Arbitration Act requires enforcement of class action waivers in arbitration agreements even when plaintiffs cannot afford individual arbitration.
Inc.
Flagg v. AliMed, Inc. (Lawyers Weekly No. 10-137-13)
Employee states cognizable employment discrimination claim when fired because spouse's disability creates costly medical expenses under employer's health plan.
NES Rentals v. Maine Drilling & Blasting, Inc., et al. (Lawyers Weekly No. 10-133-13)
Amended complaint to enforce lien dissolution bond relates back to original lien enforcement complaint, satisfying ninety-day deadline.
Preventive Medicine Associates, Inc., et al. v. Commonwealth (Lawyers Weekly No. 10-130-13)
Post-indictment email searches via warrant are permissible with court approval of search protocols and defendant participation. Taint teams may identify privileged communications if properly structured with judicial oversight.
Central Mutual Insurance Company v. True Plastics, Inc., et al. (Lawyers Weekly No. 11-091-13)
CGL policy "temporary worker" exception applies when insured reasonably expected worker furnished to meet short-term workload condition at time of assignment.
Depianti, et al. v. Jan-Pro Franchising International, Inc. (Lawyers Weekly No. 10-112-13)
Franchisor can be liable for worker misclassification without direct contract; failure to file with Attorney General does not deprive court of jurisdiction; modified control test applies to franchise relationships.
Feeney, et al. v. Dell Inc., et al. (Lawyers Weekly No. 10-103-13)
Arbitration clause with class waiver in consumer contract invalidated where plaintiff proves claims are nonremediable in individual arbitration due to complexity and modest damages.
Fraelick v. PerkettPR, Inc., et al. (Lawyers Weekly No. 11-071-13)
Employee fired days after complaining about unpaid business expense reimbursements states plausible Wage Act retaliation claim where employer condition payment of wages on employee advancing expense monies.
New England Insulation Company, Inc. v. Liberty Mutual Insurance Company (Lawyers Weekly No. 11-064-13)
Insurer properly applied pro rata allocation method to asbestos indemnity payments under occurrence-based liability policies despite insured's argument for joint and several coverage.
Taylor, et al. v. Eastern Connection Operating, Inc. (Lawyers Weekly No. 10-088-13)
Couriers in New York sued Massachusetts company for misclassification and wage violations. Contract's choice-of-law clause for Massachusetts law is valid and enforceable despite workers' out-of-state location.