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  • Article

    Appellate Preservation And Summary Judgment

    The necessity of preserving issues for appeal can be a trap for the unwary, leaving litigants without recourse if they fail to take proper steps to preserve a particular argument.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Beware The Appeal Deadline, Part 2: Motions To Amend A Judgment V. Motions For Relief From Judgment

    In Board of Overseers v. Brown, the Law Court addressed the timeliness of an appeal following a "motion for clarification" of a judgment. In doing so, the Law Court drew an interesting...
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    CAFA Jurisdiction And Pleading Consumer Injury

    In a case that sheds some light on how the court handles allegations of subject matter jurisdiction under the Class Action Fairness Act, the First Circuit on May 4th reversed the dismissal of a class action complaint asserting claims of anticompetitive acts.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    District Of Maine Weighs In On Wal-Mart And CAFA Jurisdiction

    Just before the holidays, Judge Singal issued an order de-certifying a class in Loef v. First American Title Insurance Company.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Genesis Healthcare Corp. v. Symczyk: A Victory For Employers As Far As It Goes

    Yesterday, the United States Supreme Court issued a much anticipated decision in the case of Genesis Healthcare Corporation v. Laura Symczyk.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    New England Cybersecurity And Data Privacy Class Action Filings Soar In 2023

    Earlier in 2023, we launched our New England and First Circuit Class Action Tracker, as a tool to analyze class action litigation trends in Massachusetts, Maine, New Hampshire, and Rhode Island.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Slowing The Spread Of Litigation: An Update On First Circuit COVID-19 Tuition Refund Class Actions

    Earlier this month, Boston University prevailed in one of the few surviving Boston-based COVID-19 tuition refund class action suits. The U.S. District Court in Boston granted BU's Motion for Summary Judgment...
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Staying Put: Supreme Court Holds That District Courts Must Stay Proceedings Pending Arbitration Appeals

    On June 23, 2023, in Coinbase, Inc. v. Bielski, the Supreme Court resolved a deeply divided circuit court split and ruled that a district court must stay its proceedings...
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Supreme Court Hears Oral Argument On Article III Standing Of Testers To Bring ADA Website Accessibility Class Actions

    Earlier this week, the Supreme Court heard oral argument in Acheson Hotels, LLC v. Laufer, a case that we have summarized in prior blog posts.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    You Should Be Respectful (But You Don't Have To Be)

    In an interesting parallel to the developments in the Maine Law Court that indicate a revival of state constitutional interpretation, the Massachusetts Supreme Judicial Court issued a noteworthy...
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Chat With Caution: The Growing Data Privacy Compliance And Litigation Risk Of Chatbots

    In a new wave of privacy litigation, plaintiffs have recently filed dozens of class action lawsuits in state and federal courts, primarily in California, seeking damages for alleged...
    United StatesPrivacy
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    First Circuit Offers Lessons To Businesses Facing Cybersecurity Incidents And Class Action Litigation Risk

    In Webb v. Injured Workers Pharmacy, LLC, the First Circuit recently reversed a lower court's dismissal of class action claims brought by former pharmacy patients alleging that their sensitive...
    United StatesPrivacy
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Rhode Island Supreme Court Discharges Surety's Performance Bond Obligations On RI Bridge Project

    The Rhode Island Department of Transportation (RIDOT) filed a third-party lawsuit against a contractor's performance bond surety ("Surety")...
    United StatesReal Estate and Construction
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Long-Awaited Tax Package Provides Some Relief From Archaic Massachusetts Estate Tax Laws

    On October 4, 2023, Massachusetts Governor Maura Healey signed a historic tax relief package titled, "An Act to improve the Commonwealth's competitiveness, affordability, and equity."
    United StatesTax
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    DOMA Undone

    Signed into law in 1996, the Defense of Marriage Act, known as DOMA, defined "marriage" for purposes of federal law as a union between one man and one woman as husband and wife, and "spouse" as a person of the opposite sex.
    United StatesFamily and Matrimonial
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Governor’s Veto Count Continues To Climb; Tension Growing As The End Of The Legislative Session Draws Near; Omnibus Energy Bill Closely Examined In Committee (Under The Dome: Inside The Maine State House 5/24/03)

    A weekly update that provides a high-level overview of recent activity at the Maine State House.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    A Question Of Balance

    A few weeks ago I read a blog post by a contributor to Forbes, expressing concern that the Supreme Court is "trying to impose substantial restrictions on class actions."
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    The National Institute On Class Actions: Rule 23 And Its Discontents

    This week I had the privilege of serving as a panelist at the ABA's 16th Annual National Institute on Class Actions.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Enforcing U.S. Consumer Data Privacy Laws Part 2: State Attorney General Enforcement

    In this second installment, we focus on the role of state attorneys general in enforcing U.S. consumer data privacy laws. For our most recent previous article, click here.
    United StatesPrivacy
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Spring-Like Weather Brings Slight Thaw To Governor’s Veto Threat; Appropriations Wraps First Week Of Budget Hearings; Workforce Development Committee Draft Bill Available (Under the Dome: Inside the Maine State House 3.15.13)

    Weekly update that provides a high-level overview of recent activity at the Maine State House.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP

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